Minutes of the Centerville City Council meeting held Tuesday, September 1, 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
                                          Lawrence Wright

MEMBERS ABSENT  Sherri Lyn Lindstrom

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
     Bruce Cox, Parks and Recreation Director
     Karrie Carlson, Recording Secretary

PLEDGE OF ALLEGIANCE 

INVOCATION  Mayor Ronald G. Russell
 
OPEN SESSION

John Galley – Mr. Galley expressed concern about some excessive weed issues in the Silver Oaks Subdivision. He asked the Council to resolve this matter as soon as possible. He reminded the Council that even though this area is in a wetland area, which has complicated matters, the weeds are violating the weed ordinance. He would like to see a timely resolution to this continued problem.

The City Manager explained to the Council the action that has been taken by the City to date. The City is currently waiting for a response from the developer regarding a mitigation plan and/or landscaping in the drainage area. Mr. Thacker explained that limited money from the bond was made available to do some initial weed maintenance and the City is hoping once the developer's plan is submitted it will include finishing the landscaping and solve the weed problem.

Kim Leishman, - Mr. Leishman is a property owner adjacent to the property in question with the weed problem. He feels the residents have not had an adequate response from the Silver Oaks developer. He questions whether the developer will meet the deadline requirement for submitting a weed abatement and mitigation plan or do anything without City intervention.
 
 
MINUTES REVIEW AND ACCEPTANCE

The minutes of the August 18, 2009 Council meeting were reviewed. Councilman Wright made a motion to approve the minutes. The motion was seconded by Councilman Averett and passed by unanimous vote (4-0).

SUMMARY ACTION CALENDAR

The Council reviewed items a-c on the Summary Action Calendar. Councilman Wright made a motion to approve items a-c on the Summary Action Calendar. The motion was seconded by Councilman Averett and passed by unanimous roll-call vote (4-0). Approved were:

a. Approval of $100 contribution for Davis County Constitution Day
b. Commencement of warranty period for Kohl's commercial site
c. Dairy Queen frontage improvements on 400 West Street
1. Approve Agreement with Dairy Queen business and property owners.
2. Award bid to MC Green and Sons in the amount of $25,430.10 for Dairy Queen/400 West improvements, conditioned upon execution of the Agreement by all partners.

PUBLIC HEARING REGARDING ROCKY MOUNTAIN POWER/BOUNTIFUL UTILITY SUBSTATION REZONE – ORDINANCE No. 2009-16

Cory Snyder, Community Development Director, explained Bountiful City Light & Power and Rock Mountain Power operate an integrated electrical power station west of Legacy Parkway. The two parties want to expand the substation. At their August 26, 2009 meeting, the Planning Commission unanimously recommended approval of the rezone to the City Council. The Council was provided with back up material and a copy of the Planning Commission minutes from the August 26th meeting.

Councilman Allen made a motion to adopt Ordinance No. 2009-16 amending the Centerville City Zoning Map by changing the zoning of parcels of real property from Agricultural-Low (A-L) to Public Facility-Very High (PF-VH) based on the following findings:

1. The Council finds the proposed zoning map amendment meets the criteria found in Section 12-21-080(e) of the Zoning Ordinance, as described in the staff report of August 26, 2009.
2. The Council finds the proposed zoning map amendment is consistent with the goals and objectives of the Centerville City General Plan, as addressed in the staff report of August 26, 2009.
3. The Council finds that due to the high voltage infrastructure of the facility, this power substation is not in an appropriate and is even an undesirable location, where supportive preserve uses could be developed.
4. The Council finds that because this existing facility is serving the electrical needs of a large populace, the likelihood of eventually changing the existing use would not occur, even if the A-L Zone remains in place for the property.
5. The Council finds that the only way to reach an ideal intensity buffer separation is to rezone an area around the substation facility to a buffering-type use zone.
6. The Council finds that the Legacy Preserve will perpetually remain as it was intended, as part of a settlement agreement for the construction of the Legacy Parkway.
7. The Council finds that to rezone an area to some type of buffer intensity would be a mapping compliance issue and not an actual implemented land use scenario.
8. The Council finds that the power substation and the preserve have a relationship unique to each other and that the power grid system is physically integrated within and adjacent to the Legacy Preserve.
9. The Council finds that the utility corridor and preserve function together as a boundary between the built environment and the Great Salt Lake, and have by historical default, become compatible with one another.
10. The Council finds that the request for PF-VH does not affect the overall character of the area, or create adverse impacts that are not already present and unique for the area, and which would remain regardless of the chosen zoning district that may be applied to the properties.
 
The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (4-0).

100 SOUTH FIREBREAK ROAD IMPROVEMENTS

Steve Thacker, City Manager, explained that grant money has been made available, along with funding from the County, Weber Basin and Centerville City to cut back vegetation and improve areas along the Firebreak Road. The work will include importing road base and grading 100 South up to the Firebreak Road. This scope of work is to be funded by the other parties this fall and Centerville City will decide what further improvements will be made with City funds in the spring of 2010. The Council will revisit this matter once the grading and base work has been completed, and it is known how much City funding is available for the remaining improvement of 100 South.

CEMETERY EXPANSION

a. Proposed fees and regulations for new area

Steve Thacker, City Manager, explained that approximately 344 new burial spaces can be created in the cemetery by using the area adjacent to 400 South Street. The burial spaces will be highly desirable for two reasons: 1) A resident can buy two or more spaces together; and 2) upright headstones would be allowed. Because of these advantages, staff recommends the Council increase the fee for burial in this area by $300 to make the fee for   burial right in the new area $600. All other fees would remain the same, including the Perpetual Care Fee, Interment Fee and Headstone Fee. Staff estimates the new area would generate more than $300,000 in total revenue, of which an estimated $202,960 would go to the Perpetual Care Fund. The Council discussed allowing double-depth burial plots in the new area to possibly increase the number of spaces available. The Council agreed that public input regarding the new proposed fees would be useful before taking action on this matter.
Councilman Wright made a motion to table this matter and hold a public hearing regarding the proposed fees and directed staff to bring back a recommendation regarding double-depth burials in the new area. The motion was seconded by Councilman Averett and passed by unanimous roll-call vote (4-0).

b. Ordinance No. 2009-17 amending Sections 8-202(j), 8-244 and 8-245 of the Centerville Municipal Code re: definition of plat, markers within the cemetery and monuments within the cemetery.

This item was tabled until a public hearing can be scheduled.

c. Resolution No. 2009-25 amending Centerville Fee Schedule.

This item was tabled until a public hearing can be scheduled.

MAYOR'S REPORT

The Mayor reported that there is approximately 80 percent participation in the curbside recycling program. A few PUDs in the City (which are currently not participating in the recycling program) have expressed interest in joining the recycling program and staff is working with them to implement curbside recycling for the PUDs who wish to participate.

CITY MANAGER'S REPORT

Steve Thacker, City Manager, suggested an idea to include district representatives from the Neighborhood Network on the Citizen Corps Council. He explained this will help to tie the volunteer base into the other aspects of Citizen Corps.

Blaine Lutz, Finance Director, updated the City Council regarding the latest information about federal stimulus money as it relates to UTOPIA.

MISCELLANEOUS

Mayor Russell has reviewed the application from William Scott Kjar and recommends the Council appoint him to fill a vacancy on the Planning Commission.

Councilman Allen made a motion to appoint William Scott Kjar to a three-year term on the Planning Commission. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (4-0).

At 8:20 p.m. the meeting was adjourned.

                                                            9-16-09             
Marilyn Holje, City Recorder    Date Approved

      
Karrie Carlson, Recording Secretary