INTEROFFICE 
MEMORANDUM 
__________________________________ 

To:  Mayor Russell
       City Council
        Department Heads
        Planning Commission
From:  Steve Thacker, City Manager
Subject: City Manager’s Summary of October 20, 2009 Council Meeting
Date:  October 16, 2009

6:00   Closed Meeting – The Historic Preservation work session scheduled earlier for this date has been postponed due to the unavailability of the presenter.  Instead the Council will meet in a closed session at 6:00 with special counsel Jody Burnett, City Attorney Lisa Romney, Community Development Director Cory Snyder and me to discuss the Dave Bell lawsuit against the City.  This litigation relates to item #4 on the Council agenda—i.e., proposed amendments to the landscaping ordinances.  Dinner will be available at 5:45 p.m.  for the participants in the closed meeting.

7:00 Regular Council meeting

E.1. Update re: South Davis Transit Study – Earlier this week Cory, Councilwoman Lindstrom and I attended the regional meeting in which UTA employees presented the latest information from the South Davis Transit Study.  The “Environmental Study Report” (ESR) is expected to be released in November followed by a 30-day public comment period.  However, due to the number of questions and concerns recently expressed by Centerville citizens about this subject, Kerry Doane of UTA has been invited to brief the City Council on the portion of the ESR that pertains to Centerville’s Main Street.  She was asked to keep her presentation brief and focused on the Centerville portion of the study.

E.2. Criteria for establishing school crossing guards – Mayor Russell has asked Chief Worsley to make a presentation on the criteria for establishing school crossing guards.  This is in response to the concerns expressed by some in the community about the intersection of Chase Lane and 400 West. 

E.3. Discussion re: Firearms Ordinance – Mr. Kenneth Nessen, a Centerville resident, has asked the Council to consider amendments to the City’s firearms ordinance.  His request is that the firearms ordinance be repealed in its entirety because he believes cities do not have the authority to regulate the discharge of firearms.  He also argues that the State law is sufficient to govern this matter.  He further argues that the City’s prohibition against BB guns, sling shots, flippers, etc., is unnecessary.  Mr. Nessen has carried on a lengthy correspondence with City officials since January 2009 when he requested permission to establish a shooting range in his garage.  That request was denied by the City, triggering a long series of at least 25 letters from Mr. Nessen pressing his arguments about this matter, despite several letters from the Mayor, City Attorney and Police Chief stating the City’s position.  Mayor Russell finally offered to give Mr. Nessen an opportunity to present his arguments directly to the City Council.

Staff have provided a number of documents in the packet as background for this matter, including some of the earlier correspondence, pertinent City Code and State law provisions, and firearms ordinances from a number of other Utah cities.  Chief Worsley will also be present and is expecting the City Council will give him opportunity to express his opinion during the discussion.

E.4. Public Hearing re: Amendments to Landscaping Ordinances – In 2008 Dave Bell, owner of Dave’s Auto on the Frontage Road, filed a lawsuit against the City, challenging the forced removal of his lighted artificial palm trees.   During the negotiations related to that lawsuit, City officials agreed to consider amendments to the landscaping ordinances, which may or may not provide Mr. Bell the relief he desires in this case.  The Planning Commission has wrestled with these proposed amendments for a couple of months. 

URMMA, the City’s insurer, hired Jody Burnett as special counsel to defend the City in this lawsuit.  Mr. Burnett will meet with the City Council in a closed session at 6:00 p.m. Tuesday evening to discuss this litigation prior to the Council’s consideration of the landscaping ordinances during the regular meeting. 

E.5. Mayor’s Report – At this time there are no subjects identified under this heading, but the Mayor may wish to report on a few matters.

E.6. City Manager’s Report – At the last regular Council meeting, I was directed to come back with a response to the suggestion that the community gardens behind the Whitaker Home be expanded and converted to heirloom gardens.  I have spoken with Parks and Recreation Director Bruce Cox, Recreation Coordinator Lisa Summers and Museum Board Chair Paul Smith since that Council meeting, as well as Mayor Russell. 

E.7.  Miscellaneous – Cutler Subdivision Phase 4 is ready for termination of its warranty period.

E.8. Minutes Review and Acceptance – The minutes to be approved are enclosed. 

E.9. Closed Meeting, if necessary – I do not foresee a need for another closed meeting in addition to the 6:00 session, but the agenda allows for that possibility, if needed. 

Future Agenda Items (subject to change) – November 4, 2009 (Wednesday) City Council Meeting

• Adopt policy on Red Flag Rules
• Approve agreement with Terramerica for Barnard Creek stream channel restoration work
• CDBG Grant Public Hearing
• September Financial Report
• Cemetery expansion

CENTERVILLE CITY COUNCIL AGENDA
   
 
NOTICE IS HEREBY GIVEN THAT THE CENTERVILLE CITY COUNCIL WILL HOLD  ITS REGULAR PUBLIC MEETING AT 7:00 P.M. ON TUESDAY, OCTOBER 20, 2009 AT THE CENTERVILLE CITY COMMUNITY CENTER AND CITY HALL COUNCIL CHAMBERS, 250 NORTH MAIN STREET, CENTERVILLE, UTAH.  THE AGENDA IS SHOWN BELOW.

Centerville City, in compliance with the Americans With Disabilities Act, provides accommodations and auxiliary communicative aids and services for all those citizens in need of assistance, including hearing devices.  Persons requesting these accommodations for City-sponsored public meetings, services, programs, or events should call Blaine Lutz, Centerville Finance Director, at 295-3477, giving at least 24 hours notice prior to the meeting.

A notebook containing supporting materials for the business agenda items is available for public inspection and review at City Hall and will be available for review at the meeting.  Upon request, a citizen may obtain (without charge) the City Manager’s memo summarizing the agenda business, or may read this memo on the City’s website: www.centervilleut.net.

Tentative   - The times shown below are tentative and are subject to change during the meeting, other than public
Time:  hearings, which will not be held earlier than the times shown. 

6:00 CLOSED MEETING to discuss litigation

7:00 A. ROLL CALL

 B. PLEDGE OF ALLEGIANCE

  C. PRAYER OR THOUGHT - Councilman Justin Allen

7:05 D. OPEN SESSION (This item allows for the public to comment on any subject of municipal concern, including agenda items that are not scheduled for a public hearing.  Citizens are encouraged to limit their comments to two (2) minutes per person.  Citizens may request  a time to speak during Open Session  by calling the City Recorder’s office at 295-3477, or may make such request at the beginning of Open Session.) Please state your name and city of residence.

 E. BUSINESS                                                    

7:10    1. Update re: South Davis Transit Study - Presentation by Kerry Doane, UTA
     
7:30    2. Report from Police Chief re: criteria for establishing school crossing guards

7:45     3. Discussion re: possible amendments of ordinance pertaining to discharge of firearms, etc. within city limits

8:15    4. (Advertised for 8:00 p.m.) Public hearing on Zoning Code Text Amendments re: Chapter 12-12 - Definitions, Chapter 12-21 - Administration and Development Review Procedures; Chapter 12-51 -  Landscaping & Screening regarding the use and regulation of artificial landscaping; and Chapter 12-54, Signs, regarding the use and regulation of signs - Consider Ordinance No. 2009-18
 
9:00    5. Mayor’s Report
   
9:05    6. City Manager’s Report   
   a. Use of City Hall property for community gardens
   
9:10    7. Miscellaneous Business
   a. Terminate warranty period for Cutler Subdivision Phase 4 

9:15    8. Minutes Review and Acceptance - October 6, 2009 Council meeting

9:20    9. Closed meeting, if necessary, for reasons allowed by state law
 
9:25   10. Possible action following closed meeting

 F. ADJOURNMENT

Marilyn Holje, MMC
Centerville City Recorder