Minutes of the Centerville City Council Meeting held Tuesday, December 15, 1992, at 7:00 p.m. at the Centerville City Council Chambers, 521 North 400 West, Centerville, Utah.

Mayor: R. Michael Kjar

Council Members:

Francine A. Giani
Steven M. Mangel
Michael B. Barton
Kenneth H. Brown
Kent M. Lindsey

City Administrator: David A. Hales
Recording Secretary: Wendy L. Bangerter

Randy Randall, Director Public Works
Fred Campbell, City Engineer
Wilf Sommerkorn, City Planner
Santiago Loaiza, Engineer
Mike Mazuran, City Attorney

Lawrence Barber
Mr. And Mrs. Brent Chandler
Karianne Benson
Charlene Austin
Carol Welsh
Michelle and Angela Miles
Kristeen and Sarah Pellum
Gary and Bonnie Hooper and family
Paul, LuAnn and Christopher Child
Nancy and Trudy Groll
Bryan Espenschied and family
Haldeen Monson
Fred and Linda Steinfels
Dean, Marie, and Quin Monson
Rachael Smith
Daniel Burn
Trevor Adams

PLEDGE OF ALLEGIANCE: Mayor R. Michael Kjar

PRAYER: Councilman Kenneth H. Brown

Minutes of the Centerville City Council workshop held Tuesday November 24, 1992, were reviewed. Councilman Barton made a motion to approve the minutes of the workshop. The motion was seconded by Councilman Mangel and passed by unanimous vote.

Minutes of the Centerville City Council closed meeting held Tuesday December 1, 1992 were reviewed. Councilman Barton made a motion to approve the minutes of the closed meeting. The motion was seconded by Councilman Mangel and passed by unanimous vote.

Minutes of the regular Centerville City Council meeting held Tuesday December 1, 1992 were reviewed and amended. Councilman Mangel made a motion to approve the minutes of the December 1, 1992 City Council meeting as amended. The motion was seconded by Councilman Brown and passed by unanimous vote.

Mrs. Charlene Austin addressed the Council regarding the progress in acquiring property for the Ricks Creek Neighborhood Park, which had been discussed at a previous City Council meeting. Mayor Kjar responded that the project was under advisement regarding purchases in that area, and that the agenda for a closed meeting later that evening included discussion on that subject.

There were no other persons present wishing to address the Council.

The Youth City Council, under the direction of Youth Mayor Sydney Monson, presented the prizes for the sixth annual Christmas Art Contest. The third place winners were Sarah Pellum, Karianne Benson, David Espenschied, and Marie Monson. They each received a free dinner at McDonald's for their family. The second place winners were Christopher Child, Rachael Smith, Daniel Burn, and Joanie Farnsworth. They each received a $20.00 gift certificate from Toys 4 Less. The first place winners were Angela Miles, Quin Monson, Trevor Adams, and Tyler Hooper. They each received a bicycle.

McDonald's and Toys 4 Less each donated prizes for this year's contest.

A public hearing was held to receive comments on Ordinance No. 92-20 which amends the Planning and Zoning Ordinance pertaining to site plan review and requiring an agreement for certain development improvements.

The changes in Ordinance No. 92-20 will require applicants proposing site plan development projects which require off-site improvements to enter into a development agreement. They will be asked to post a bond to secure performance either in the form of an escrow deposit, a letter of credit or a cash bond, and they will agree to warrant the improvements for a period of two-years.

After reviewing the ordinance with the Council, Mr. Hales recommended that a decision on the ordinance be tabled to allow time for further revisions to be made. The motion to table a decision on Ordinance No. 92-20 was made by Councilman Mangel. Councilman Brown seconded the motion which passed by unanimous vote.

Resolution No. 92-34 which would adopt the meeting schedule for the City Council for 1993 was reviewed. Councilman Barton made a motion to approve Resolution No. 92-34 adopting a meeting schedule for 1993. The motion was seconded by Councilman Mangel and passed by unanimous vote.

Santiago Loaiza and Fred Campbell presented to the Council for consideration a 40 foot right-of-way recommendation for the Master Street plan for 280 South and 160 West Streets. The purpose for this consideration was to help the Council make a recommendation on the Lawrence Barber site plan application which has been submitted. Several questions were raised concerning future development of that area, including Councilman Lindsey's concerns about compromising City standards in an undeveloped area, saying that it is not the City's job to work things out to make sure a piece of property can be developed into a profitable piece of property.

Mr. Campbell noted that this street has previously been approved even though it was sub-standard. He also stated that widening the street would create hardships on several established properties.

Mr. Sommerkorn stated that he felt if the street were widened any more than it is now, the City would likely end up buying the entire piece of property because the owners would not be able to develop it in any way because of its narrowness.

Councilman Brown felt that a compromise was in order for this situation.

Councilman Mangel made a motion to approve the conceptual 40 foot right-of-way recommendation for the Master Street Plan for 280 South and 160 West Streets. The motion was seconded by Councilwoman Giani and passed with only Councilman Lindsey voting nay.

Mr. Sommerkorn explained the development site plan submitted by Mr. Barber to include curb and gutter, a six foot sidewalk on Main Street and 280 South adjacent to the curb, and asphalt surfacing where needed and dedicate an 8' x 120.7'strip of land adjacent to 280 South Street to the City.

Councilman Mangel made a motion that the Council consider and approve the off-site improvements for the Lawrence Barber Development Site Plan project including curb, gutter, and a six-foot sidewalk on Main Street and 280 South adjacent to the curb and asphalt surfacing where needed, subject to the dedication of an 8'x 120.7'strip of land adjacent to 280 South Street. The motion was seconded by Councilwoman Giani and passed by unanimous vote.

SID STREET PROJECT-

Fred Campbell displayed a revised SID project area map and pointed out the areas of most concern for curb and sidewalk replacement.

Mike Mazuran recommended that the Council accept the SID as planned and then approach the adjacent property owners to see if they are interested in changing their rollback curb to a highback. If they are, the City could participate in the cost, if they are not, they could be used as a special district at a later time.

Mr. Hales commented that the Staff has studied the concept of what constitutes ordinary repairs as opposed to extraordinary repairs. The consensus was that total replacement of curb, changing it from rollback to highback, could qualify under extraordinary repairs and he recommended that the City could participate with the property owner on a fifty-fifty basis to cover the cost of replacing the rollback curb with highback.

Mr. Campbell reviewed the revised project cost estimate with the Council.

Santiago Loaiza reviewed the map with the Council. He defined corner lots as those with property lines on two different streets and explained that a corner lot adjustment is recommended to those property owners whose lots are being improved on both sides within the SID. It was noted that the Council needed to establish a policy for corner lots. The recommendation was that credit be given to property owners on corner lots equal to one-half of the longest side of their property up to eighty feet. Based on that formula, Mr. Loaiza reviewed the property owner assessment table indicating that driveway approach replacement was listed separately so that if the property owner chose to replace it himself, he could lower his assessment.

Mr. Campbell explained that these costs were estimates only and actual costs could lower property owners' assessments. He also recommended that property owners not be given the option of replacing their drive approaches themselves.

Mr. Hales commented that the costs of setting up the SID, which is 10% of the cost of the SID, is raising the assessment to the property owners and that may be an argument they could raise against the SID.

Mr. Hales distributed to the Council a tentative timetable for the project. A public meeting with property owners was recommended to be held on January 12, 1993, at 7:00 p.m. He reviewed the timetable of events and guidelines that need to be followed in connection with the SID. He also reviewed the preliminary budget proposal and gave recommendation for funding the project.

The question was raised whether or not to give the property owners a choice for including sidewalks. Councilman Mangel agreed that they should have a voice. Councilwoman Giani raised the question of it being a substandard project without sidewalks.

LAND USE, DEVELOPMENT AND SUBDIVISION ORDINANCE

Members of the City staff were in attendance to continue to review, discuss, answer questions and make wording changes as needed to clarify the intent of the new ordinance.

The Council considered Resolution No. 92-36. Councilman Lindsey made a motion to adopt Resolution No. 92-36 appointing Councilwoman Francine A. Giani a member of the Board of Directors of the Davis County Solid Waste Management and Energy Recovery Special Service District. The motion was seconded by Councilman Brown and passed by unanimous vote.

Mr. Hales stated that staff is in the process of preparing cost estimates for the 1993-94 CDBG Application Projects in preparation for the public hearing to be held on January 5, 1993.

He recommended that application be submitted for both the Barnard Canyon and Centerville Canyon Debris Basins Project and the 400 West Street Project. It was recommended that the County Commission participate in 10% of these projects and that the City try to match that amount.

Mr. Hales recommended that the Council take action to authorize recruitment of a full-time Community Development Director. He also recommended that the Council give preliminary approval for reclassification of the part-time building inspector to a full-time position making it effective March 1, 1993. He reviewed the impact on the budget and how the cost of that additional personnel would be covered. He also indicated that new office space would need to be provided at the public works building. The Council reviewed the budget funding and the possibility of a needed increase in taxes in 1994. They also reviewed the options which would increase costs and decrease service level.

Councilman Brown made a motion to authorize Mr. Hales to proceed with the hiring of a Community Development Director and preliminary approval for reclassification of the part-time building inspector to a full-time position. The motion was seconded by Councilman Mangel and passed by unanimous vote. For the record, Councilwoman Giani had stepped out of the room when the vote was taken. When she returned, her vote was registered as a yea vote. Mayor Kjar indicated that once the Community Development Director was in place, he would be able to assess the need to finalize reclassification of the building inspector position.

Mr. Hales indicated that none of the needed funds would come out of the fund balance.

Councilman Lindsey together with Councilman Barton petitioned the Council with a letter to schedule a workshop or time on a regular Council agenda to discuss park issues in the city.

Councilman Mangel noted that a Parks Committee is already in place and recommended having them incorporate the list of issues raised in the letter in their agenda.

Mayor Kjar agreed that the Council needed to discuss some of the issues prior to meeting with the Parks Committee and asked Mr. Hales to include it on a City Council agenda.

The Council legally adjourned at 11:00 p.m.

Interested members remained to review the real property acquisition with Mr. Hales.

Marilyn Holje, City Recorder
Wendy Bangerter, Recording Secretary