Minutes of the Centerville City Council meeting held Tuesday, June 2, 2009 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
     Cory Snyder, Community Development Director
     Nathan Grover, Administrative Intern
     Karrie Carlson, Recording Secretary

PLEDGE OF ALLEGIANCE 

INVOCATION  Councilman Ken Averett
 
OPEN SESSION

John Galley – Mr. Galley would like something done about a weed problem with Silver Oaks Subdivision. He also asked about the swale mitigation plan for the same subdivision. Mr. Galley was under the impression that vegetation was supposed to be planted and growing to improve this area after the construction was complete.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the May 19, 2009 City Council meeting were reviewed. Councilman Wright made a motion to approve the minutes. The motion was seconded and passed by unanimous vote (5-0).

The minutes of the May 26, 2009 Council work session were reviewed. Councilman Wright made a motion to approve the minutes. The motion was seconded and passed by unanimous vote (5-0).

CHASE LANE VILLAGE PHASE II AMENDED SUBDIVISION

Cory Snyder, Community Development Director, explained the applicant desires to construct a new duplex located at 498 West 1250 North in the Chase Lane Village Subdivision. The area, in which the new building will be constructed, is currently open space and labeled on the original plat as being a play area. The proposed structure will be constructed to match the existing building size and style. The application and design plan meets or exceeds the minimum standards of the Residential Medium (R-M) Zone.
 
a. Public Hearing

At 7:10 p.m. Mayor Russell opened the public hearing.

Roma Hansen – Ms. Hansen is a resident of Chase Lane Village and lives adjacent to the green space in question. She wants to see the green space remain undeveloped. Ms. Hansen questions if the CC&Rs even allow for the space to be developed without a vote from the homeowners.  She questions whether the CC&Rs were legally changed to allow this land to be developed

Joel Anderson – Mr. Anderson has been meeting with the Directors of the Chase Lane Village Homeowners Association. He stated that this land in question has been discussed as a possibility for development for several years. Several past HOA presidents have been aware of this. Mr. Anderson stated a majority of the homeowners voted in favor of the new development.

Dennis Yeates – Mr. Yeates is the current president of the Chase Lane Village Homeowners Association. He agreed that he has been aware of the plan to develop this property since 2002. He added that there are eight mature trees on the property and all but one tree will still remain with the new construction. Yeates added that ten board members were in charge of getting signatures on the CC&R revisions. There was a sheet attached to the revised CC&Rs that explained the changes to inform residents.

a. Final Amended Subdivision

The City Attorney responded to questions from the Council regarding the responsibility of the City as to the question of the legality of the revision of the CC&Rs. She explained that the City is responsible to assure that all of the standards are met for the zoning ordinances. Any question of the legality of the CC&R changes need to be dealt with on the HOA level and any homeowner who questions the matter has the right to pursue a civil action to have the matter reviewed further.

Councilman Averett made a motion to approve the final amended subdivision for Chase Lane Village II to allow units 207 and 208 to be constructed, subject to payment of applicable fees and submittal of an acceptable bond. The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0).  This motion was based on the following findings:

1. A complete application for a subdivision amendment was received.
2. The request met the standards found within the Utah State Code, 10-9a-609(1).
3. The general public will not be materially injured by the addition of two more units [10-9a-609(1)(1)].
4. There appears to be a good cause for the additional building within the subdivision [10-9a-609(1)(2)].
 
FY 2009-2010 TENTATIVE BUDGET

Steve Thacker, City Manager, reviewed some revisions to the FY 2009 – 2010 Tentative Budget that the Council discussed at previous work sessions and Council meetings. He also explained the proposed revisions to the Employee Compensation Plan and the Justice Court Judge's salary. It was also noted that no increase is proposed for elected officials' salaries. The City Council, RDA and MBA Boards all need to hold public hearings for their FY 2009-2010 Budgets as well.

a. Public Hearing

At 7:45 p.m. Mayor Russell opened the public hearing on Centerville City's Tentative Budget. Seeing no one wishing to comment, he closed the public hearing.

b. Adjourn to RDA Meeting

At 7:46 p.m. the City Council adjourned into an RDA meeting. In attendance were: Ronald G. Russell, Chair; Ken Averett, Vice Chair; Steve Thacker, Executive Director; Blaine Lutz, Finance Director; Lisa Romney, City Attorney; Directors Allen, Cutler, Lindstrom and Wright; and Karrie Carlson, Recording Secretary.

c. Adjourn to MBA Meeting

At 7:55 p.m. the RDA Board adjourned into an MBA meeting. In attendance were: Ronald G. Russell, President; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Lisa Romney, City Attorney; Trustees Allen, Averett, Cutler, Lindstrom and Wright; and Karrie Carlson, Recording Secretary.

RETURN TO CITY COUNCIL MEETING

At 8:00 p.m. after conducting business in an RDA and MBA meeting,  the City Council meeting was reconvened.

PUBLIC HEARING ON AMENDMENTS TO ZONING CODE, CHAPTER 12-54- SIGNS, RE: ALTERING THE ALLOWANCES OF WALL SIGNAGE – ORDINANCE No. 2009-08

Cory Snyder, Community Development Director, explained that Iggy’s Restaurant desires to place an additional wall sign on their building to advertise the restaurant use location to other surrounding streets other than Parrish Lane and Market Place Drive. The current Zoning Ordinance allows a wall sign to occupy no more than 15% of a primary façade, and not more than 5% of a secondary façade. The remaining two other walls do not have a percentage allowance attached. However, the applicant desires to install a small sign on their northern elevation to address the traffic that travels south bound along the Frontage Road. An amendment to the sign regulations is needed to establish the opportunity to utilize a third or fourth wall for additional signage by amending the wall sign parameters of Section 12-54-110(b). At their May 27, 2009 meeting, the Planning Commission recommended approval of the proposed amendment to the Centerville City Zoning Ordinance, Section 12-54-Signs.

Councilman Cutler made a motion to adopt Ordinance No. 2009-08 amending Section 12-54-110 of the Centerville City Zoning Ordinance regarding the total allowable sign area for wall signs. The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0). This motion was based on the following findings:

a. The Planning Commission found that Section 12-21-080.c. authorizes any “property owner” or “authorized agent” to initiate a zone text amendment.
b. The Planning Commission found that the proposed changes to the Zoning Ordinance related to allowing additional wall signage is consistent with directives stated in Part 12-430 the City General Plan, as reviewed in the May 27, 2009 Staff Report.
c. The Planning Commission found that an additional 32-square feet split with all remaining walls remains as a “tightly arranged and controlled” regulation, as desired by the General Plan.
d. The Planning Commission found that the proposed total additional maximum of 32-square feet of wall sign already exists as “use right” of Section 12-54-080 of the City’s Zoning Ordinance.

GARBAGE COLLECTION AND RECYCLING

Blaine Lutz, Finance Director, updated the Council on the most recent opt-out numbers for the recycling program. The recycling program has been discussed at length in earlier meetings and in an open house to educate the public of the service provided and fees associated with that service. The deadline to opt out of the program was May 29, 2009. Mr. Lutz reported that ACE Disposal has agreed to hold to the $3.50 fee they originally set, even with the percentage of residents that have opted out by the May 29th deadline, which is just 20 percent less.

a. Amendments to Centerville Municipal Code, Part 10-41 – regarding garbage and recycling – Ordinance No. 2009-09

The Council was provided with the proposed ordinance for their review. The City Attorney responded to questions and comments from the Council regarding suggested revisions. Any nonsubstantive changes will be included in the final document.

Councilman Cutler made a motion to adopt Ordinance 2009-09 amending Part 10-410 of the Centerville City Municipal Code regarding solid waste and recycling collection disposal and to allow staff and the City Attorney to make any nonsubstantive changes to the final document. The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0). This action establishes the legal foundation for implementing a recycling program.
 
b. Garbage Collection and Recycling Contract

The Council was provided with the most recent version of the garbage collection and recycling contract for their review.  Staff and Council discussed the use of natural gas vehicles, spring and fall clean-up provisions, contract fee increases/adjustments, fuel surcharge fee schedule and the contract renewal term.

Councilman Cutler made a motion to approve the Garbage Collection and Recycling Contract with the revisions agreed to and allow staff and the City Attorney to make any nonsubstantive changes to the document. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll call vote (5-0).

c. Resolution No. 2009-17 amending the fee schedule for garbage collection and recycling charges

The Council was provided with Resolution No. 2009-17 for their review. The Council discussed some revisions related to cancellation and reinstatement fees for a second can. The Council agreed to table this matter until the next City Council meeting to allow Councilman Cutler and Blaine Lutz time to discuss the fee schedule.

Councilwoman Lindstrom made a motion to table Resolution No. 2009-17 until the June 16th City Council meeting. The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

PRESENTATION REGARDING 2009 SUMMERFEST BY EMMA DUGAL, DIRECTOR OF BOUNTIFUL/DAVIS ARTS CENTER

Emma Dougal, Bountiful/Davis Arts Center Director, shared some of the upcoming events and activities associated with the 2009 Summerfest. She asked the Council for their continued support of Summerfest and left information about volunteering and becoming a host family for visiting participants to post and advertise within the city.

DISCUSSION REGARDING FY2009-2010 TENTATIVE BUDGET

Steve Thacker, City Manager, reviewed with the Council a discussion outline from the May 26, 2009 budget work session so they could continue where they left off at the work session. He clarified some of the reasons why the Parks and Recreation Department is requesting the addition of a full-time employee. He discussed other budget matters related to UTOPIA, RDA Budget, the Cultural Arts Center and Summerfest contribution.  The Council agreed to increase the Summerfest budget from $500 to $750.

MAYOR'S REPORT

Mayor Russell had nothing to report.
 
CITY MANAGER'S REPORT

The City Manager showed the Council a plaque the City received from the Federal Emergency Management Agency (FEMA), recognizing the City for improving its CRS rating to class 7.

Mr. Thacker reported to the Council regarding the status of grant applications, the Whitaker Museum DVD presentation and upcoming work sessions.

CLOSED MEETING

At 9:30 p.m. Councilwoman Lindstrom made a motion to go into a closed meeting to discuss pending or threatened litigation. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (5-0). In attendance were: Mayor Russell; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Council members Allen, Averett, Cutler, Lindstrom and Wright; Karrie Carlson, Recording Secretary.

RETURN TO OPEN MEETING

At 10:15 p.m. the Council reconvened the regular City Council meeting. Councilman Allen was excused at the conclusion of the closed meeting. Councilman Wright made a motion to adjourn the meeting. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (4-0).

                                                            6-16-09             
Marilyn Holje, City Recorder    Date Approved

      
Karrie Carlson, Recording Secretary