Minutes of the Centerville City meeting held Tuesday, June 17, 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
   Sherri Lyn Lindstrom
   Lawrence Wright

MEMBERS ABSENT

   Paul A. Cutler

STAFF PRESENT Steve Thacker, City Manager
Blaine Lutz, Finance Director/Assistant City Manager
Cory Snyder, Community Development Director
Lisa Romney, City Attorney
Kathy Streadbeck, Recording Secretary

VISITORS  Interested citizens

PLEDGE OF ALLEGIANCE

OPENING COMMENT/LEGISLATIVE PRAYER Councilwoman Lindstrom

OPEN SESSION
 
 No comment.

MINUTES REVIEW AND APPROVAL
 
 The minutes of the June 3, 2008 City Council work session and the City Council meeting were reviewed and amended. Councilman Allen made a motion to approve the minutes as amended. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (4-0).

SUMMARY ACTION CALENDAR

Steve Thacker, City Manager, distributed and reviewed a corrected copy of the proposed Resolution No. 2008-14 (item a). The revised copy contains some non substantive changes. He also distributed and reviewed a letter from ESI Engineering regarding the Community Park subdrain project (item d). The new letter deletes some erroneous information but does not change the proposed recommendations.

Councilman Allen made a motion to approve the Summary Action Calendar as listed below.

a. Amend Personnel Policies & Procedures re: tuition aid for employees-Resolution No. 2008-14.
b. Commence one-year warranty period for Hidden Acres Subdivision.
c. Terminate two-year warranty period for Cutler Subdivision Phase 3.
d. Award bid to Bowen Construction in the amount of $112,795 for materials and labor to install a subdrain on the north property line of the Community Park.
e. Award bid to Young Automotive in the amount of $15,169 for a 2008 pick-up for the Parks Department.

The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0).

PINEAE VILLAGE

Cory Snyder, Community Development Director, reported Pineae Village has already built a pool and pool house as one of the several amenities in their development. Due to a miscommunication a building permit was issued in February 2008 and the pool and pool house were begun. This accessory use was not part of the original Development Agreement. Staff issued a stop work order as soon as they discovered the mistake and is now holding the occupancy permit until the proper approvals are granted. This accessory use requires an amendment to Exhibit “J” of the Development Agreement. The Planning Commission has reviewed this application and has recommended approval. This accessory use is for the benefit of the residents living within Pineae Village. Maintenance and upkeep of the facility will be the full responsibility of the homeowners association.

Councilwoman Lindstrom made a motion to approve the Fourth Amendment to the Development Agreement between Centerville City and Uinta Development, LC for the Pineae Village PDO. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (4-0).

FY 2007-08 BUDGET

Blaine Lutz, Finance Director, reviewed the financial report. He explained that the projections for sales tax revenue will be lower than budgeted this year (approximately 2-3%). He said all other revenues are at or above their projections. He also reviewed the expenditures explaining those items that were over budget. Overall the City is in a favorable financial position.

Mr. Lutz reviewed the recommended amendments to the FY 2007-08 Budget. He explained these amendments will enable the City to comply with State budget law.  

Mayor Russell opened the public hearing. Seeing no one wishing to comment, he closed the public hearing.
 
 Councilman Allen made a motion to approve Resolution No. 2008-15 amending the Fiscal Year 2007-08 Budget of funds and Accounts for Centerville City. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0). 
 GENERAL PLAN & ZONING TEXT AMENDMENTS FOR MAIN STREET

Cory Snyder, Community Development Director, reported the Council is being asked to review and approve two amendments, a General Plan Amendment (South Main Street Corridor Plan) and a Zoning Ordinance amendment (South Main Street Corridor Overlay Zone). The General Plan amendment establishes long-range goals and the Zoning Ordinance amendment implements those goals. The proposed amendments create a South Main Street Corridor (SMSC) from Parrish Lane to Pages Lane and divides the corridor into six (6) districts: the North Gateway/Mixed Use District; Civic/Cultural District; Core Area Main Street District; Traditional Main Street District; Residential Boulevard; and Pages Lane Mixed-Use District. The entire SMSC will maintain some uniformity, but each district also has individual uses, goals and objectives.

Mr. Snyder said current existing zones will remain in place along the corridor, but the SMSC District Overlay Zone will also introduce additional uses in some districts allowing for greater flexibility in how properties are developed. The SMSC Overlay Zone also allows for greater flexibility in building placement, design, and parking. Mass transit options should be made available in these areas, promoting walkabilty. The SMSC Overlay Zone focuses on framing the street with buildings, landscaping, and public streetscape elements. The proposed amendments are the beginning of redeveloping a corridor that will become a focal point of the city.

Mayor Russell opened the public hearing.

Gary Evensen asked for clarification regarding his property. He said his property is currently zoned commercial. It is his understanding that under the proposed Zoning Amendment his property will be part of the Residential Boulevard District. He said he does not want his property rezoned residential. He said he would like his property left as it is, allowing a continued commercial use.

Mayor Russell closed the public hearing.

Mr. Snyder said Mr. Evensen’s property is currently zoned Commercial-High (C-H). Mr. Snyder said this zoning will remain in place with the proposed Zoning Ordinance amendment. He said Mr. Evensen can continue using his property as is. If Mr. Evensen chooses to substantially change his property, then it would be subject to the SMSC Overlay Zone requirements. Mr. Snyder said the residential density could be changed to medium to allow for greater development or the commercial district could be expanded to incorporate Mr. Evensen’s property in the future. He said the Planning Commission discussed these options and agreed not to try and solve all the issues comprehensively, but rather decided to wait and see how these amendments work over the next several years. Additional changes can be made in the future as needed.

Mayor Russell said the proposed amendments may change the orientation of buildings, but will also provide more options and uses. He asked Mr. Snyder to discuss why the Planning Commission chose to change the setbacks in each of the districts.

Mr. Snyder said the Planning Commission struggled with the setbacks in each district. The Planning Commission walked Main Street, measuring setback distances as they went. He said the Planning Commission was initially fearful that there would not be enough space for public transit. However, it is now being proposed that any mass transit remain in the current right-of-way. The Planning Commission also seemed uncomfortable with the closeness of the buildings to the street. They seemed worried about having enough width for appropriate public streetscape (i.e., sidewalk width, landscaping, benches, etc.). He said the Planning Commission agreed to increase the setbacks in several of the districts. In most of the districts they recommend increasing the setback 2 to 5 feet, and in the North Gateway/Mixed Use District (Parrish Lane area) they recommend increasing the setback 10 to 20 feet. He said the Planning Commission wanted to keep the North Gateway/Mixed-Use District setbacks consistent with the rest of the buildings along Parrish Lane. Mr. Snyder said, from a design standpoint, the 10 to 20-foot increase is significant and could potentially alter what is trying to be accomplished. It will no longer frame the street or provide sidewalk appeal.

Susie Petheram, CRSA, said the Planning Commission was concerned that 4-foot sidewalks were too narrow. She said the extra couple of feet will provide a little more shoulder room and provide a more friendly passing space. However, the larger setback recommended for the North Gateway/Mixed-Use area is considerable and would present a significant change in style. She said staff recommends keeping the setbacks consistent throughout the corridor to promote a pedestrian orientation.

Council members discussed the need to respect the Planning Commission’s decisions and follow their recommendations as they have spent a great deal of time examining this issue. The Council also discussed the need to move toward a walkable community. They agreed a change needs to occur as you move toward Main Street. Keeping the setbacks at the North Gateway/Mixed-Use District consistent with the rest of the corridor will provide that change. 

Councilwoman Lindstrom made a motion to adopt Ordinance No. 2008-07 enacting Section 12-480-7 of the Centerville City General Plan regarding the South Main Street Corridor Plan with the following findings (as recommended by the Planning Commission).

Findings:

a. As per Utah Code Annotated, 10-9(a)-302, “the Planning Commission shall make a recommendation to the legislative body for:
(1) a general plan and amendments to the general plan;
(2) land use ordinances, zoning maps, official maps, and amendments…”
b. As per Centerville City Zoning Ordinance of Section 12-21-060, the proposed amendments are a legislative proceeding and that such action to adopt the proposed amendments will reasonably promote the public interest, conserve the values of other properties, avoid incompatible development, encourage appropriate use and development, and promote the general welfare of Centerville City.
c. In making this recommendation to the City Council, the following was considered and/or completed:
1. In October 2007, a master plan study was completed, which assessed the current land uses and development patterns along Main Street.
2. The master plan study identified the opportunities and challenges of the South Main Street Corridor.
3. The master plan study provided recommendations regarding the Corridor’s setting, built environment, mobility, and land use.
4. During the months of February and March of 2008, an ad-hoc committee of two (2) elected officials, two (2) appointed officials, and several owners and/or residents worked with the City’s Planning staff and a hired consultant to draft proposed General Plan and Zoning Ordinance amendments to implement various recommendations of the master plan study.
5. On April 16, 2008 an open house was held, which had been advertised to all affected entities and to the public. The open house was held to review the proposed drafts of the General Plan and Zoning Ordinance. Meeting participants were provided an opportunity to ask questions and comment on the proposed changes to the General Plan and Zoning Ordinance.
6. On April 23rd  and May 14th of 2008, a public hearing was conducted by the Planning Commission, where the Commission heard testimony, reviewed and discussed the proposed General Plan and Zoning Ordinance for the South Main Street Corridor.

The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (4-0).

Councilwoman Lindstrom made a motion to adopt Ordinance No. 2008-08 enacting Title 12, Chapter 48, of the Centerville City Planning and Zoning Ordinance establishing the South Main Street Corridor Overlay District Zone and amending Section 12-12-040 regarding definitions and removing the note indicating the Parrish Lane setbacks of 10 to 20 feet and with the following findings (as recommended by the Planning Commission).

Findings:

a. As per Utah Code Annotated, 10-9(a)-302, “the Planning Commission shall make a  recommendation to the legislative body for:
  (1) a general plan and amendments to the general plan;
 (2) land use ordinances, zoning maps, official maps, and amendments…”
b. As per Centerville City Zoning Ordinance, Section 12-21-060, the proposed amendments are a legislative proceeding and that such action to adopt the proposed amendments will reasonably promote the public interest, conserve the values of other properties, avoid incompatible development, encourage appropriate use and development, and promote the general welfare of Centerville City.
c. In making this recommendation to the City Council, the following was considered and/or completed:
1. In October 2007, a master plan study was completed, which assessed the current land uses and development patterns along Main Street.
2. The master plan study identified the opportunities and challenges of the South Main Street Corridor.
3. The master plan study provided recommendations regarding the Corridor’s setting, built environment, mobility, and land use.
4. During the months of February and March of 2008, an ad-hoc committee of two (2) elected officials, two (2) appointed officials, and several owners and/or residents worked with the City’s Planning staff and a hired consultant to draft proposed General Plan and Zoning Ordinance amendments to implement various recommendations of the master plan study.
5. On April 16, 2008 an open house was held, which had been advertised to all affected entities and to the public. The open house was held to review the proposed drafts of the General Plan and Zoning Ordinance. Meeting participants were provided and opportunity ask questions and to comment on the proposed changes to the General Plan and Zoning Ordinance.
6. On April 23rd  and May 14th of 2008, a public hearing was conducted by the Planning Commission, where the Commission heard testimony, reviewed and discussed the proposed General Plan and Zoning Ordinance for the South Main Street Corridor.

The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (4-0).

CODE ENFORCEMENT

Steve Thacker, City Manager, said staff recommends a $120 civil penalty fee for code violations that are not enforced in some other way. This is the same amount in the Centerville City Fee Schedule for a zoning code violation that is enforced with a civil penalty. This fee would automatically double after 10 days and triple after 20 days. He said this is a nominal fee if paid on time and only covers the cost of man power and related expenses for issuing the citation.

Lisa Romney, City Attorney, explained the civil penalty ordinance provides for a notice of violation procedure wherein the person is provided a 10-day period to cure the violation under this procedure, if the violation is fixed within the required time frame, a penalty would not be imposed.

Councilwoman Lindstrom said she is concerned that this fee is too great and she does not agree it should be imposed. She questioned how many of these citations were issued last year.

Cory Snyder, Community Development Director, said forty-eight such violations were cited last year. Four of those imposed a civil penalty, but only two of the four fees were collected.

Councilman Allen made a motion to adopt Resolution No. 2008-16 establishing a civil penalty fee of $120. The motion was seconded by Councilman Wright and passed with a roll-call vote (3-1). Councilwoman Lindstrom opposed.

Lisa Romney, City Attorney, reminded the Council that there was a citizen complaint regarding weed control at the last Council meeting. This weed ordinance amendment is in response to that complaint. Ms. Romney explained that the language proposed in this amendment is reflective of current State statutes regarding weed control abatement procedures. The amendment states that weeds can be no more than 12-inches tall. The amendment also allows for potential exceptions.
 Councilman Wright made a motion to adopt Ordinance No. 2008-09 amending the Centerville Municipal Code regarding weed control and abatement procedures. The motion was seconded by Councilman Averett and passed by unanimous roll-call vote (4-0).

Councilman Wright made a motion to amend the previous motion to include an effective date of July 1, 2008 for Ordinance No. 2008-09. The motion was seconded by Councilman Averett and passed by unanimous roll-call vote (4-0).

RECYCLING

This item was postponed.

FY 2008-09 BUDGET

Steve Thacker, City Manager, distributed a corrected copy of Resolution No. 2008-17. The 2008 tax rate has been reduced from last year from .001233 to .000923. This is slightly higher than the previously projected rate (.000907), but still lower than last year.  

Councilman Allen made a motion to adopt Resolution No. 2008-17 setting the 2008 tax rate for the General Fund for Centerville City at .000923. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (4-0).

Councilman Wright made a motion to adopt Ordinance No. 2008-10 pertaining to the compensation plan for employees. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0).

Councilman Wright made a motion to adopt Resolution No. 2008-18 approving the annual salary for the Justice Court Judge. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0).

Councilman Wright made a motion to approve Resolution No. 2008-19 adopting the FY 2008-09 Budget of Funds and Accounts for Centerville City with the recommended changes. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0).

MBA and RDA MEETINGS

At 9:24 p.m. Councilman Wright made a motion to go into a Municipal Building Authority (MBA) meeting. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (4-0). In attendance were: Ronald Russell, President; Lawrence Wright, Vice President; Trustees Justin Allen, Ken Averett, and Sherri Lyn Lindstrom; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Lisa Romney, City Attorney; and Kathy Streadbeck, Recording Secretary.

At 9:27 p.m. a Redevelopment Agency (RDA) meeting was held. In attendance were: Ronald G. Russell, Chair; Ken Averett, Vice Chair; Directors Justin Y. Allen, Sherri Lyn Lindstrom, and Lawrence Wright; Steve Thacker, Executive Director; Blaine Lutz, Finance Director; Lisa Romney, City Attorney; and Kathy Streadbeck, Recording Secretary.
 
At 9:34 p.m. the regular City Council meeting was reconvened.

MAYOR’S REPORT

Mayor Russell used this time to report on a few minor items.

CITY MANAGER’S REPORT

No report

MISCELLANEOUS

The Council used this time to review the upcoming newsletter and comment on other minor items.

APPOINTMENTS TO BOARDS AND COMMISSIONS

Councilman Wright made a motion to reappoint Rebecca Wayment and Jim Pedersen to the Planning Commission, as recommended by Mayor Russell. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (4-0).

Councilwoman Lindstrom made a motion to appoint Richard H. Davis, R. Dean Layton, and Doug Romney to serve on the Museum Board as recommended by Mayor Russell. The motion was seconded by Councilman Allen and passed by unanimous vote (4-0).

The meeting was adjourned at 10:02 p.m.