Minutes of the Centerville City Council meeting held Tuesday, October 20, 2009 at 7:10 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
                                      Lisa Romney, City Attorney
                                      Neal Worsley, Police Chief
                                     Cory Snyder, Community Development Director
                                     Melissa Hogan, Whitaker Museum Director
                                     Karrie Carlson, Recording Secretary

PLEDGE OF ALLEGIANCE

INVOCATION  Councilman Justin Allen 
 
OPEN SESSION

No one present wished to comment.

UPDATE REGARDING SOUTH DAVIS TRANSIT STUDY - KERRY DOANE, UTA

Kerry Doane, UTA Representative, explained that $2 million was provided by UDOT for a study of mass transit options in South Davis, as a condition in the 2005 settlement of the Legacy Parkway lawsuit. In January 2007 that study was begun. An analysis of transit alternatives was completed in 2008. Since then the locally preferred alternative, a street car system, as well as a No Build Alternative and Enhanced Bus Service Alternative, have been subjected to an environmental study. A draft of the environmental document will be released about mid November and public comment will be received. Ms. Doane showed examples from other cities where street cars operate with traditional traffic. She also showed a computer simulation of how an intersection in Bountiful would look with street cars in the roadway and discussed the differences between Express Bus and an enhanced bus system. Ms. Doane responded to questions from the Council regarding funding constraints, timeline for the project, and the public comment timeline. This project is not currently funded.  After the public comment period, UTA must respond to every comment.  They must all be appropriately categorized, then determinations and considerations made for each category.  All responses to comments are listed in the final document. Copies of the draft document will be available for the public to view on the UTA website, in local libraries and City offices or it can be purchased in hardcopy form at UTA offices. Information on the UTA website currently gives the background for the project and won’t contain the study document until it is officially released in mid November. Ms. Doane responded to questions and comments from the Council regarding budget, public comment opportunities and project timeline.

REPORT FROM POLICE CHIEF REGARDING CRITERIA FOR ESTABLISHING SCHOOL CROSSING GUARDS

Neal Worsley, Police Chief, reported to the Council regarding past traffic studies that have been done on the intersection at 400 West and Chase Lane, and the establishment of a crosswalk at approximately 1200 North on 400 West for students to use to get to Stewart Elementary. The past studies did not reveal sufficient traffic, at that time, to warrant a four-way stop or a traffic light. Chief Worsley reviewed the existing Safe Neighborhood Access Plan (SNAP) for the neighborhoods in and around Jennie P. Stewart boundaries. He stated that before any new crossing guards can be added, a traffic study must be conducted to determine if established criteria are met to warrant the addition of another crossing guard.

Pauline Bowen, Community Council Chairperson for Stewart Elementary - expressed concern regarding the current SNAP plan which designates the intersection at Chase Lane and 400 West as one of the routing options. Many parents with students at Stewart Elementary want a traffic light at this intersection with a crossing guard. If a light is not possible, then parents would like to see a four-way stop with a crossing guard. Ms. Bowen is also asking the Council to take whatever action is possible to help the parent organizations provide a safe way to school for students.

Debbie Merkley - is a concerned parent who has observed this intersection at different times and has become increasingly concerned with all the near-miss accidents she has witnessed.

The Council agreed a traffic and lighting study should be done for the area around Chase Lane and 400 West. Staff will move forward with this direction and hire a traffic engineer to conduct the study. Once the results of the study have been received, City staff will report back to the Council. Mayor Russell will meet with the City Manager and Police Chief regarding the scope of this study.

At 8:20 p.m. the Council took a ten minute break.

DISCUSSION REGARDING POSSIBLE AMENDMENTS OF ORDINANCE PERTAINING TO DISCHARGE OF FIREARMS, ETC., WITHIN CITY LIMITS

In January Mr. Nessen sent a letter to City officials requesting permission to establish a shooting range in his garage. The request was reviewed and denied by the Police Chief. Mr. Nessen challenged this denial and argued in subsequent correspondence that the City does not have the authority to regulate the discharge of firearms within the city beyond what is specifically authorized in State law. Mr. Nessen has continued to press his arguments and has sent at least 25 letters to City Officials on this matter. The Mayor, City Attorney and Police Chief have in turn replied in writing at least five times. The Mayor has agreed to allow Mr. Nessen the opportunity to address the Council regarding this matter. In advance of the meeting Mr. Nessen provided the Council with a four-page letter stating his position regarding the matter.

Mr. Nessen was allowed to address the City Council and referred to the letter given to the City Council in advance.

Lisa Romney, City Attorney, stated that she has reviewed Mr.  Nessen's arguments and agrees that anyone can own a firearm, but she noted specific State law which gives municipalities the right to regulate the discharge of firearms within city limits. Chief Worsley stated that he fully supports municipalities regulating the discharge of firearms. He did agree that some minor amendments can be made to the ordinance pertaining to age specifications and allowing other devices such as sling shots, bow and arrows, flippers, etc., to be discharged within city limits. Councilman Wright agrees that the ordinance does need to be reviewed and possibly reworded to address the use of other devices within city limits.

Mayor Russell stated that he agrees with the City Attorney's position that State law specifically delegates to cities the right to regulate the discharge of firearms within city limits, but he is not opposed to the City Council considering some amendments to the current ordinance.  The Council denied Mr. Nessen’s request to “delete the firearms provisions from City Code.”  Councilwoman Lindstrom stated the City’s need for Code provisions based on concerns about other types of community firearms issues.

Councilman Wright made a motion to allow the Police Chief and Councilman Wright to review Section 10-03-060 of the Municipal Code and make recommendations for the Council to consider pertaining to the discharge of firearms within city limits. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).

PUBLIC HEARING ON ZONING CODE TEXT AMENDMENTS REGARDING 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 – ORDINANCE No. 2009-18

Cory Snyder, Community Development Director, explained the Planning Commission has recommended approval of amendments to Chapters 12-12, 12-21, 12-51 & 12-54. The proposed amendments would allow artificial landscaping up to 10% of the total landscaped area, but the minimum landscaping requirements for natural materials would still have to be met. The Planning Commission is also recommending that certain setback requirements need to be met with the artificial landscaping. Currently artificial landscaping is allowed without specific guidelines. The proposed amendments will now give specific parameters for the usage of artificial landscaping.

At 9:40 p.m. Mayor Russell opened the public hearing.

Dave Irvine, Representative for Dave Bell - Mr. Irvine is representing Mr. Bell in a lawsuit regarding the reinstallation of lighted palm trees on his business property. The trees were removed from his property for a time, but Mr. Bell would like to erect the trees again. The proposed amendments with additional revisions would allow Mr. Bell to erect the palm trees again on his property. Mr. Irvine is asking for three changes to Section 12-51-080(g) of the proposed amendments to resolve the matter and satisfy his client. The changes are: 1) removing the word "color" so the artificial plants do not have to mimic the color of the real thing; 2) allow artificial landscaping to be internally illuminated; and 3) increase the amount of artificial landscaping allowed to at least 25% of the total landscaped area on site. Mr. Irvine added that these lighted trees would be located in a business area facing the interstate and would not be a nuisance for local residents. He added that during the Planning Commission public hearing three residents were present and spoke in favor of having the palm trees reinstalled.

Dave Bell, business owner - Mr. Bell explained that he has spoken with the homeowner closest to his property and they have expressed no concern about the lighted trees. He believes the Frontage Road area has an array of businesses, many of which are not in compliance with landscaping or signage standards. He just wants his palm trees back in front of his business and is sorry it came to litigation.

Tamilyn Fillmore, Planning Commissioner - Ms. Fillmore explained some of her thoughts pertaining to the Zoning Code text amendments. Ms. Fillmore stated that her intent for making the motion to allow artificial landscaping was that it would look like real foliage and landscaping. She referred to a letter provided to the Council in the backup material which explained an oversight in the wording of her motion regarding the amendments and setback requirements. Ms. Fillmore clarified her intent for the motion.

Stephanie Ivy, Centerville Resident - Expressed support of the trees and would like to see the trees back.

Teresa Just, Centerville Resident - Is supportive of Mr. Bell and would like to see the trees back.

At 10:00 p.m. with no others wishing to comment, Mayor Russell closed the public hearing.

Cory Snyder, Community Development Director, responded to questions from the Council regarding the original installation of the palm trees. He explained that no approval was originally sought by Mr. Bell to install the trees. Once the trees were installed the zoning administrator was asked to review the matter. Because the trees were illuminated, the zoning administrator considered them a sign and considered them not in compliance of the Sign Ordinance. This matter was reviewed by the Board of Adjustment and the decision of the zoning administrator was upheld. Some time after the Board of Adjustment’s decision, Mr. Bell filed a lawsuit challenging the Zoning Administrator's interpretation of code provisions pertaining to this matter. The Council discussed the approval of this ordinance with the changes to the amendments suggested by Mr. Bell. The Council could not come to a consensus on the changes Mr. Bell was recommending.

Councilman Averett made a motion to adopt Ordinance No. 2009-18 amending Section 12-12-040 of the Centerville Municipal Code regarding definitions, amending Section 12-21-160 regarding sign permits, amending various provisions of Chapter 12-51 regarding landscaping and screening, amending Section 12-54-010 regarding purpose provisions for the City Sign Ordinance, and adding Section 12-54-190 and Section 12-54-200 of the City Sign Ordinance regarding severability substitution clauses, and directed the Planning Commission to review the setback requirements and make a recommendation for the Council to consider. As part of the motion, the Planning Commission will also review different zones within the city i.e., Marketplace, Frontage Road, Parrish Lane and Main Street and recommend additional amendments for artificial landscaping that may allow some differences among the various zones. The motion was seconded by Councilman Cutler and passed by a 3-2 roll-call vote. Council members Lindstrom and Wright voted in opposition to the motion.

MAYOR'S REPORT

Mayor Russell provided the Council with the Fire Chief's 2010 Proposed Budget Summary for the South Davis Metro Fire Agency. He reported the proposed budget increase would not be acceptable to the member agency cities.  He asked the Council to review it and forward any questions or comments to him.

CITY MANAGER'S REPORT

Steve Thacker, City Manager, reported to the Council regarding the garden area behind the Whitaker Museum. There is currently a number of residents using this space under the supervision of the City's Recreation Program, but with a few modifications, more area can be prepared for use. He also recommended it be left up to the users of the space—in consultation with the Museum Board—whether any of the space will be used for an heirloom garden, subject to the approval of the Parks and Recreation Director. The Council was supportive of the City Manager’s recommendation.

MISCELLANEOUS

Councilman Allen made a motion to terminate the warranty period for Cutler Subdivision Phase 4. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

MINUTES REVIEW AND ACCEPTANCE

The minutes of the October 2, 2009 Council meeting were reviewed. Councilman Wright made a motion to approve the minutes. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).
 
 At 10:40 p.m. the meeting was adjourned.

                                                            11/04/09             
Marilyn Holje, City Recorder    Date Approved

       
Karrie Carlson, Recording Secretary