Minutes of the Centerville City Council meeting held Tuesday, August 7, 2007 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville, Utah.
MEMBERS PRESENT:
Mayor: Ronald G. Russell (arrived at approximately 8:00 p.m.)
Council Members: Justin Y. Allen
Paul A. Cutler (Mayor Pro Tem)
Jack Dellastatious
David R. Gutke
Sherri Lyn Lindstrom
STAFF PRESENT: Steve Thacker, City Manager
Blaine Lutz, Finance Director/Assistant City Manager
Cory Snyder, Community Development Director
Lisa Romney, City Attorney
Kathy Streadbeck, Recording Secretary
VISITORS
Vic Arnold Bob Clayton Kevin Merrill
Eric Isom Roy DeVore Trevor Bugley
Doreen Brown Alice DeVore Kevin Bugley
PLEDGE OF ALLEGIANCE
PRAYER OR THOUGHT Councilman Jack Dellastatious
OPEN SESSION
Doreen Brown, Florentine Villa Homeowner, said she is concerned with an accessory building that has recently been constructed by Kim Dunn Construction located on 400 West next to the Porter Lane Historic Farm. She feels this building is large and unsightly and that it diminishes the values of surrounding homes. She believes this structure violates City ordinances and was not built in accordance with City ordinances. She explained the many inconsistencies that she feels apply to this building and its use (see attachment).
Cory Snyder, Community Development Director, responded to Ms. Brown’s concerns. He explained the complexity of this site and its issues. He said the site was subdivided without City approval and now has two property owners. He explained the details of the property (1.3 acres) and how the accessory structures were established. He said the structure in question was allowed and is in accordance with City ordinance (i.e., setbacks, building height, etc.). However, the use is only valid with a primary use. He said the use of the accessory building is only allowed by the owner of the primary residence (which is not Kim Dunn). He further explained that Kim Dunn has signed an affidavit stating that the structure will be used only for purposes incidental to the primary use on the 1.3 acres (i.e., not for construction storage). He also explained that the materials used on the structure could not be regulated by the City. Mr. Snyder said once the subdivision process is completed with the City, the accessory use in question will be required to bond for demolition or a primary use will have to be established immediately. He said there is sufficient room to subdivide the property and still accommodate a new primary use and the accessory structure. He said it is possible for anyone to file an appeal of the approval process for this structure if they wish.
Jim Lyday, 330 West 400 South, said he does not believe this site is 1.3 acres. He feels if Kim Dunn is allowed to build such a large, unsightly building then he should be able to do the same. He said he has electrical equipment that he would like to store on his site and would like the same treatment that Kim Dunn has been given.
Roy Devore, 335 South 400 West, said he lives next door to this structure. He said this structure has been set up on about four feet of fill and concrete. He said he is concerned with drainage onto his property. He said he has also seen that Kim Dunn is using this site to house two dump trucks, a trailer, and other construction equipment. This is a commercial use.
Ron Cella, Florentine Villas Homeowners Association President, said he is representing 64 home owners. He said the property has been divided with a cement retaining wall and is not 1.3 acres. He said this is a 20-foot tall, horrible-looking building, which is on a raised cement pad. He said the HOA feels this structure should not have been allowed and is not in accordance with City ordinances. He said the HOA will consider legal action, if necessary, to fix this problem.
Bob Clayton, Florentine Villas, said he believes this building will be used for commercial purposes and that the penalty for a use violation is minimal. Greater action should be taken.
The City Council and staff discussed the many issues associated with this property. Several Council members offered their sympathies as this is a very difficult situation. The Council identified several items that need to be researched and explained as this issue is discussed and dealt with further. Those items were the metes and bounds of the property, accurate acreage, drainage from the site, building height, equipment storage, and commercial use.
UTOPIA - Update
Councilman Cutler updated the Council regarding UTOPIA. Construction has begun in Centerville and will take place in phases. UTOPIA has finalized another round of financing that will fund construction in Centerville. Construction is expected to take about six to eight months. After that time services will be available. Most of the construction will take place in the public rights-of-way.
FLORENTINE TOWNS – Amended Subdivision
Cory Snyder, Community Development Director, reported the applicant desires to amend the final subdivision plat to re-subdivide the master lots into individual lots to allow the purchase of each dwelling unit. This was an anticipated course of action. Staff believes the application is in accordance with applicable City ordinances. The Planning Commission also recommended approval with conditions.
Mayor Pro Tem Cutler opened the public hearing.
Vic Arnold, Ivory Homes, said Ivory Homes appreciates staff’s efforts to allow them to proceed with this project. He said they will try to continue to provide a good product for the benefit of the community.
Mayor Pro Tem Cutler closed the public hearing.
Lisa Romney, City Attorney, suggested changes to conditions #7 and #8 set forth in the motion approved by the Planning Commission on July 25, 2007.
Councilman Gutke made a motion to approve the proposed amended subdivision plat for the Florentine Towns Development, subject to the following conditions and findings:
Conditions:
1. Any outstanding application and/or professional service fees shall be paid.
2. The plat amendment shall be subject to the allowed layout and density as approved in the final site plan and conditional use permit approvals.
3. The plat shall list the address for each unit and the coordinate for Bellano Way shall be 95 North.
4. The legend on the plat shall correctly indicate the common, limited common, and private areas (dwellings) of the plat.
5. The plat notes shall indicate that the development is subject to the terms and conditions of the planned development overlay (PPO), final site plan and conditional use permit approvals.
6. The amended plat documents shall be deemed complete and correct by the City Engineer and City Attorney.
7. The CC&Rs shall be reviewed and deemed acceptable by the City Attorney prior to final plat recording.
8. The CC&Rs shall address the applicable approval and/or terms set by the approved final site plan and conditional use permit, specifically with regard to the tandem parking allowances, subdrain issues, and PDO requirements.
Findings:
a. The applicant has submitted a complete application for a subdivision plat amendment.
b. There is sufficient evidence that the public interest will not be materially injured by the proposed plat amendment, as explained in the July 25, 2007 staff report.
c. There is sufficient evidence that there is a good cause for the amendment, as explained in the July 25, 2007 staff report.
d. This action to amend the interim plat was an expected step in securing the final approvals to construct the project.
The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).
Mayor arrived at this point in the meeting and conducted the remainder of the meeting.
FREEDOM HILLS PARK – Ribbon Cutting
Steve Thacker, City Manager, reviewed the proposed dedicatory ceremony planned (September 11, 2007) by the Rotary Club for the Freedom Memorial in the Freedom Hills Park. The Mayor and staff have previously discussed the possibility of the City hosting a park opening/ribbon cutting in conjunction with this ceremony. The Trails Committee and the Parks and Recreation Committee have already planned some events for this date. Mr. Thacker also explained there may be some parking difficulties.
The Council discussed the proposed events and an appropriate time for the ceremony. The Council agreed holding the ceremony in the early evening would give more people the opportunity to attend. The Mayor and City Manager agreed to discuss this further with the Rotary Club and report back to the City Council at their next meeting. Councilwoman Lindstrom also suggested a moment of silence be added to the ceremony.
LEGACY PARKWAY TRAILHEAD – Update and Access Road Issues
Steve Thacker, City Manager, reported that he is no longer optimistic about the planned roadway through the Savage property to the proposed Legacy Parkway Trailhead. Mr. Thacker distributed a cost estimate from ESI Engineering, Inc. for the roadway. He said it appears that UDOT is willing to sell a one-acre parcel to the City at a very fair price, but the cost of improving the road is too expensive. He said he does not recommend moving forward with this plan unless Mr. Savage will allow another route through his property.
The Council discussed several other options and the feasibility of each. Mr. Thacker said he would explore each of these options further and report back. Options include: ask UDOT for a right-in/right-out option on Parrish Lane; ask UDOT to reserve the $300,000 for construction of a trailhead at a later date; move the access roadway further north onto City property; purchase the one-acre parcel now and work out access in the future, and/or ask UDOT for a trailhead on 1275 North near their current maintenance shed (previously discussed location for a trailhead).
INFILL DEVELOPMENT ORDINANCE
Cory Snyder, Community Development Director, discussed the many definitions of infill development and how they may affect Centerville’s growth. He asked the City Council which issues they feel are most pressing and asked how they would like to proceed.
Mayor Russell said it may be necessary to discuss this issue with the Planning Commission at a joint work session. He said he feels that Centerville is still primarily a single-family community. He believes the fear people have with infill is that infill will diminish the quality of their community. He said he feels the biggest issue with infill is compatibility. Any new structure or remodel of an old structure needs to fit in its surrounding area. He suggested a focus on design standards in the older areas of the city. He also said the community should be greatly involved with this issue. It may also require a sub-committee.
Councilman Gutke said this could be made part of the community survey planned for November. The Council agreed. Several Council members also agreed that compatibility is a priority, but should not hinder the ability to upgrade and improve individual properties and neighborhoods. Several Council members also expressed their ignorance on the subject and said further education and guidance would be welcomed.
Mr. Snyder said he would be willing to assess the community, taking into consideration needs and complaints and prioritize for the City Council the issues of infill. Lisa Romney, City Attorney, agreed an assessment of the city would be helpful in understanding the issues. This could give the Council a visual of what is needed in the community. She also said there are a number of zoning ordinances that could be amended throughout this process.
Mayor Russell identified several other large issues that are in the works or on the immediate docket (i.e., West Side Plan, Main Street Corridor, Hillside Plan). He asked staff to proceed with the assessment of infill as time permits.
REGIONAL PERFORMING ARTS FACILITY
Mayor Russell reported he has presented the ballot options to all the other South Davis communities and it appears that a few of them will be putting the RAP tax on their ballots. The Council reviewed the feasibility study and shared concerns. Mayor Russell said the actual building will most likely be smaller than the one proposed with an option for future expansion. This will drop the cost of construction. He also explained that the sources for funding the project were conservative.
Mayor Russell said it may make more sense for Centerville and Bountiful, alone, to develop and run this facility. There are still many other issues that need clarification as the process moves forward. He encouraged the City Council to put the RAP Tax on the ballot and let the voters decide.
Councilman Gutke said he would like to have an opportunity to review the feasibility study with Lewis, Young, Robertson, and Burningham. He said there are several items that he would like clarification on. He said he feels it is important to put the RAP Tax on the ballot, but would also like to address this feasibility study. The Council agreed. Steve Thacker, City Manager, said he will ask Jason Burningham of Lewis, Young, Robertson, and Burningham, to attend a work session prior to the next Council meeting for this purpose.
Councilwoman Lindstrom made a motion to adopt Resolution No. 2007-07, submitting a ballot question to the residents of Centerville City regarding the imposition of a local sales and use tax of one-tenth of one percent (0.10%) on certain qualifying transactions within the city to fund a performing arts center and other recreational and cultural facilities and organizations. The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0).
Mayor Russell thanked the Council for their action on this item. He said he is very passionate about this venture and believes it will make a huge difference in Centerville residents’ quality of life.
CITY HALL SPACE NEEDS – Process for Evaluating
This item was postponed.
CABLE TV FRANCHISE – Consulting Services Agreement
Steve Thacker, City Manager, reported that Comcast has notified the City of the upcoming expiration for their current franchise agreement. Comcast would like to start negotiations for a new agreement. Staff has discovered that the City does not have a City ordinance regarding cable TV. The City does have a Telecommunication Ordinance, but it specifically excludes cable TV. Staff recommends the City retain the services of David A. Evertson to help in this effort. Mr. Evertson has agreed not to exceed $3000.00 for his services.
Councilman Cutler made a motion to authorize a consulting services agreement with David A. Evertson of Municipal Solutions, LLC, not to exceed $3000.00. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).
Councilman Cutler made a motion to allow the use of Contingency Funds up to $3000.00 for Mr. Evertson’s services. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).
MINUTES REVIEW AND ACCEPTANCE
The minutes of the July 17, 2007 Council meeting and closed meeting were reviewed and amended. Councilwoman Lindstrom made a motion to approve the minutes as amended. The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).
CITY MANAGER’S REPORT
Steve Thacker, City Manager, used this time to report on a few items.
MISCELLANEOUS BUSINESS
Councilman Dellastatious made a motion to approve the expenditure of $26,034.00 for the purchase of a 2007 Ford Explorer from Willey Ford for the Police Department. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).
Steve Thacker, City Manager, explained that the low bidder (Veracity Construction, $66,463.66) for the Florentine Towns Subdivision waterline project was for labor only. He distributed the bids for materials for this project to the Council. Staff recommends Ferguson (low bidder, $41,488.80) be awarded the bid for materials.
Councilman Allen made a motion to award the bid for the construction of the Florentine Towns Subdivision waterline project to Veracity Construction in the amount of $66,463.66 for labor and to Ferguson in amount of $41,488.80 for materials. The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).
APPOINTMENTS
Mayor Russell recommended the City Council appoint Denise Cox to the Trails Committee. Steve Thacker, City Manager, said that Ms. Cox is very excited about participating on this committee and has already taken assignments.
Councilman Cutler made a motion to appoint Denise Cox to the Trails Committee. The motion was seconded by Councilman Gutke and passed by unanimous vote (5-0).
Mayor Russell recommended the City Council accept Charlie Johnson’s resignation and adopt Resolution No. 2007-19, re-appointing Grant Beutler as a member of the Mosquito Abatement Board of Trustees.
Councilman Cutler so moved. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (5-0).
At 10:40 p.m. the meeting was adjourned.
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Marilyn Holje, City Recorder Date Approved
Kathleen Streadbeck, Recording Secretary
