Minutes of the Centerville City Council meeting held Tuesday, November 18, 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
                                           Corey Snyder, Community Development Director
                                           Randy Randall, Public Works Director
                                           Kevin Campbell, Assistant City Engineer
                                           Karrie Carlson, Recording Secretary

PLEDGE OF ALLEGIANCE Grant Epson, Boy Scout

INVOCATION  Councilman Larry Wright

VISITORS   Interested Citizens  
 
OPEN SESSION

No one present wished to comment. 

MINUTES REVIEW AND ACCEPTANCE

The minutes of the November 5, 2008 work session were reviewed.  Councilman Wright made a motion to approve the minutes. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0). Councilman Allen abstained from voting on the minutes because he did not attend the November 5th meetings.

The minutes of the November 5, 2008 City Council meeting were reviewed. Councilman Wright made a motion to approve the minutes. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0). Councilman Allen abstained from voting on the minutes because he did not attend the November 5th meetings.

SUMMARY ACTION CALENDAR

The Council reviewed items a-d on the Summary Action Calendar and agreed to discuss item (d) separately. Councilman Cutler made a motion to approve items a-c on the Summary Action Calendar. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (5-0). Approved were:
 
  a. Accept storm drain easement from Cedar Springs Condominium Association
  b. Accept public utility easement from Kim and Connie Dunn
  c. Terminate warranty period for Florentine Villas

  d. Approve retirement exemption and alternative retirement contribution plan agreement with police chief

Steve Thacker, City Manager, explained that Chief Worsley has become eligible to retire from the Utah Public Safety Retirement System and would like to draw those retirement benefits while still working in his appointed position as Police Chief. The State law allows for this provision, but the City Manager noted that the City can no longer make contributions into the Public Safety Retirement System on behalf of Chief Worsley. Typically other cities in the same situation contribute into an alternative pension account for their chiefs. Among the many Utah police chiefs currently in this situation (i.e., “retired” but still employed), the prevailing practice is that the employer pays into an alternative pension account the same percentage that would be paid into the Public Safety Retirement System. The Mayor and staff have discussed this with Chief Worsley and are recommending the City continue to contribute a percentage equal to the Public Safety Retirement System percentage (currently 22.6%) into an alternative pension plan, but do not recommend the City continue to contribute the additional 3.5% for a supplemental retirement plan currently provided as an additional benefit to full-time City employees. The Council was provided with an agreement reflecting staff's recommendations for their review.

The Council agreed to discuss this matter further in a closed meeting before voting.
 
 AMENDMENT TO CENTERVILLE ZONING CODE, SECTION 12-55-110, FENCES AND WALLS, RE: ESTABLISHING A HEIGHT EXCEPTION FOR THE SOUTH SIDE OF PORTER LANE
 
 Cory Snyder, Community Development Director, explained that at their September 16, 2008 meeting, the City Council remanded this matter back to the Planning Commission for further consideration. At the September 10, 2008 Planning Commission meeting some questions were discussed that caused the Council to believe that there may be reasons to reconsider their original recommendation. After another review the Planning Commission is recommending the City Council approve certain amendments to the City Zoning Ordinance.

a. Public hearing

At 7:20 p.m. Mayor Russell opened the public hearing. Seeing no one wishing to comment, the Mayor closed the public hearing.

b. Consider Ordinance No. 2008-19

Councilman Cutler made a motion to adopt Ordinance No. 2008-19 amending Subsection 12-55-110(a) of the Centerville City Zoning Ordinance regarding fences and walls, adding a provision (4) South Side of Porter Lane, from 400 West to Main Street – for all legally approved rear-yard fronting lots along the creek channel; the fence height shall not exceed eight (8) feet in height along the rear yard lot line. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).

This motion was based on the following findings:

1. The text change would be consistent with the goals and objectives of the General       Plan, as reviewed and considered in the November 12, 2008 staff report.
2. The proposed amendment satisfies the review criteria found in Section 12-21-080(e)
of the Zoning Ordinance, as reviewed and considered in the November 12, 2008 staff report.
 3. The Commission finds that due to a needed berm present along the canal, a potential visual intrusion reduces the normal privacy expected for the rear-yard lots.
4. The Commission finds that the proposed area is located away from the roadway and the canal is maintained by the County and City.
5. The Commission finds that such canals are not typically maintained by individual lot owners and the allowance for further buffer regarding the fence height should not be problematic with regard to typical maintenance of the public right-of-way (i.e., sidewalks and park strips).

APPROVE CDBG APPLICATON FOR PHEASANTBROOK INFRASTRUCTURE PROJECT

The Council was provided with a draft application for a Community Development Block Grant (CDBG) for the Pheasantbrook Condominium Infrastructure Project. At the public hearing on October 21, 2008, this was the only project identified by the public or staff for the 2009 grant year. With the submittal of the application, the City will be committing to funding a portion of the project, if CDBG funds are approved. This project would not be started until fiscal year 2010, so it would not impact the current budget year. Blaine Lutz, Finance Director provided the Council with the cost estimates and funding breakdown for the project.

Councilman Allen made a motion to approve the application for a Community Development Block Grant (CDBG) for the 2009 grant year for the Pheasantbrook Condominium Improvement Project. The motion was seconded by Councilman Wright and passed by a unanimous (5-0) vote.

PRESENTATION BY THE SUMMIT GROUP RE: ANALYSIS OF CITY’S WEBSITE

Aaron Walker, Summit Group, explained their conclusions and recommendations regarding the overall rating of the City’s website. Mr. Walker recommended adding a business guide, census information, photos of City officials, footer links with contact information, directory, etc.  Other recommendations were for the Mayor to add a welcome message. Mr. Walker also suggested a refined search option, better link consistency and removing outdated graphics from the site. The Summit Group will provide the City with a written assessment of the website and their recommendations for the Council and staff to review. Mr. Walker responded to questions and comments from the Council. The City Manager said he will discuss with staff how to cost-effectively implement the consultant's recommendations.

REVIEW OF CITY FINANCES/MONTHLY FINANCE REPORT

Blaine Lutz, Finance Director, reviewed the General Fund Balances from 1990 to 2008 with the Council. He noted that during the early years in that period, Fund Balance was rather small; currently, however, the City’s Fund Balance is very strong. Mr. Lutz also reviewed some of the capital projects that have been accomplished with the Fund Balance in the last few years.  Mr. Lutz discussed current and potential revenue sources for the City. He added that the Redevelopment Agency (RDA) currently owes the City approximately $700,000 as debt repayment. The RDA is paying this amount to the City over time.

Mr. Lutz responded to questions from the Council regarding RDA tax increment, sales tax and other revenues, property tax rates, the City Hall expansion project, UTOPIA commitment, etc. He also shared growth and revenue projections for the future, including how the UTOPIA pledge would affect those revenues if the City was required to pay the pledge amount in full.

APPROVE AGREEMENT WITH DAVIS COUNTY REGARDING ENGINEERING SERVICES FOR DSB DRAINAGE PROJECTS – RESOLUTION No. 2008-25

Kevin Campbell, Assistant City Engineer, explained that over the past two years, Davis County, West Bountiful and Centerville City have been jointly reviewing the flood carrying capacity of the Deuel Creek, Stone Creek and Barton Creek channels, which all come together west of I-15 before flowing through West Bountiful. Significant areas in West Bountiful, as well as an area along the Frontage Road in Centerville near 400 South, are currently within the boundaries of the 100-year floodplain, as mapped by FEMA. Hydraulic analysis done in the past two years indicates that the real floodplain on the east side of I-15 is actually greater than that shown by the official floodplain maps. This means that in a 100-year flood, additional properties in the vicinity of 400 South and the Frontage Road would likely be inundated, as well as I-15. The County Public Works Director and the Centerville City Engineer are proposing additional design work for four future projects that would eliminate the flooding risk in Centerville and West Bountiful, including I-15.

The Council was provided with a cost-sharing agreement with the County (25 percent City and 75 percent County) which would pay for preparing construction drawings and to submit an application to FEMA for a Conditional Letter of Map Revision (CLOMR). In a CLOMR application, the County and City would be asking FEMA whether it agrees with the conclusions of our local engineers regarding the impact of the proposed flood-control improvements. In other words, if these projects were approved and built, they would reduce the regulatory floodplain as currently projected.

Councilman Wright made a motion to adopt Resolution No. 2008-25 authorizing the execution of an Interlocal Agreement between Centerville City and Davis County for engineering services for DSB drainage projects. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0). Centerville's 25 percent share of the engineering costs would be approximately $10,000.

UPDATE/DIRECTION REGARDING JENNINGS LANE SUBDRAIN PROJECT

Randy Randall, Public Works Director, reported that he and members of the Council have met with homeowners on Jennings Lane to discuss alternatives to installing an expensive subdrain. Staff is recommending an approach that will keep the existing subdrain in operation and effectively reduce the flood risk for homes in that area.  Part of this plan will include the removal of existing trees along Jennings Lane. The Council agreed to meet in a closed session later in the meeting to discuss the specifics related to compensation for tree removal.

MAYOR’S REPORT

Mayor Russell reported on matters related to the South Davis Metro Fire District assessment allocation formula and appointments to various boards and commissions in the City. Mayor Russell informed the Council that Mayor Pro Tem Lindstrom will be filling in for the Mayor for a few weeks while he recovers from surgery.

CITY MANAGER’S REPORT

Mr. Thacker reported the work session regarding infill development, hillside development and debris flow hazard area will be rescheduled to the first meeting in January.

Mr. Thacker informed the Council that the Davis County Tourism Tax Advisory Board will be meeting and representatives from the South Davis Cultural Arts Association will be at that meeting to request the use of tourism money for the Performing Arts Center.

MISCELLANEOUS

Councilman Wright suggested the Council identify road projects they want to get on the Wasatch Front Regional Council’s (WFRC) long-range plan. The Council directed Steve Thacker, City Manager, to follow up with WFRC regarding the Sheep Road west of I-15.

CLOSED MEETING

At 9:35 p.m. Councilwoman Lindstrom made a motion to go into a closed meeting to discuss the character and competency of individuals and the sale/purchase of property. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0). In attendance were: Mayor Russell; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Council members Allen, Averett, Cutler, Lindstrom and Wright; and Karrie Carlson, Recording Secretary. Public Works Director Randy Randall and Drainage Utility Supervisor Kim Boyd also attended a portion of the closed meeting.
 
RETURN TO REGULAR CITY COUNCIL MEEITNG

At 10:10 p.m. the Council reconvened the open meeting.

Councilwoman Lindstrom made a motion to approve the Retirement Exemption and Alternate Retirement Contribution Plan Agreement between Centerville City and Neal Worsley, Police Chief. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (5-0).

At 10:11 p.m. the meeting was adjourned.

                                                                         12/02/08               
Marilyn Holje, City Recorder                Date Approved

       
Karrie Carlson, Recording secretary