Minutes of the Centerville City Council meeting held Tuesday, April 1, 2003 at 7:05 p.m. in the Centerville City Council Chambers, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT:

Mayor: Michael L. Deamer

Council Members:
David R. Gill
Brian Gold
R. Dean Layton
Debbie L. Randall
Nancy F. Smith

Steve Thacker, City Manager
Blaine Lutz, Finance Director/Asst. City Manager
Aric Jensen, Community Development Director
Dustin Lewis, Emergency Management Coordinator
Paul Child, Police Lieutenant
Connie Larson, Recording Secretary

VISITORS:

Phil Sessions, Cami Layton, Mike Redford, Bruce Powell, Fred Hale, Ann McGee, Sherlene Clark, Adam Bahr, Matthew Willey, Bret Millburn, Bruce Powell, Troy Herold, Jack Roberts, Austin Parker, Jase Rosemann, Keaton Rosemann, Linda VanLeer, Daniel VanLeer, Chad Salmon, Reverend Duane Jensen

PLEDGE OF ALLEGIANCE

PRAYER: Reverend Duane Jensen, Grace Lutheran Church

OPEN SESSION

Cami Layton, 26 West 700 South

Mrs. Layton stated that she is the daughter-in-law of Councilman Layton. She said there are rumors being circulated that she is out to get Steve Thacker’s job, which are not true. She asked Councilman Brian Gold who specifically shared this rumor to correct this problem and go back to those sources he was aware of that this rumor was false and that he should be helping and not perpetuating unfounded rumors and gossip. She asked him to refrain from passing on these kinds of statements without proof. This is just an example of what has been happening in the past year. She stated when accusations are made, they should go straight to the horses mouth before jumping to unfounded conclusions. She asked that the City Council as a whole to correct these kinds of problems.

Phil Sessions, 70 East 200 South

Mr. Sessions said that two months ago he expressed concern about a large tree on 200 South that is a safety concern. He asked what is being done about this hazard? Aric Jensen replied he hasn’t decided if it is warranted to remove the tree. Aric Jensen will review this item and make a recommendation. Mr. Sessions referred to the Zoning Code Section 12-340-7 that refers to corner lots and the allowed height of fences and hedges.

Mike Redford, 275 North Main

Mr. Redford introduced himself as the new Post Master at the Centerville Post Office.

AMENDMENTS TO CENTERVILLE MARKETPLACE COMMERCIAL SUBDIVISION PHASES 1 AND 2

Aric Jensen explained there are two plats in the Marketplace Subdivision and it is requested that one lot be vacated from each plat and included in a Phase 3, adjusting the boundary line between these two lots. It is anticipated a Lexus Car Dealership will be on Lot 301.

Mayor Deamer opened the public hearing for comments.

Troy Herold, 350 South 400 West, #304

Mr. Herold stated he represents CLC Associates, agent for Target Corporation. There were no questions for Mr. Herold.

Bruce Powell, 1533 North 400 West

Mr. Powell expressed concern that once the lot is developed, will there be sufficient landscaping allowed for what is required? Mr. Jensen replied that 20 percent of this property will be required to have landscaping, and that will help Marketplace meet its overall landscaping requirement.

Mayor Deamer closed the public hearing.

Councilwoman Randall made a motion to approve Ordinance No. 2003-10 to authorize Mayor Deamer to enter an order to vacate Lot 8 of the Centerville Marketplace Subdivision, Phase 1, and Lot 201 of Phase 2. Councilwoman Smith seconded the motion, which was passed by unanimous roll-call vote (5-0).

Councilman Gill made a motion to approve the final plat for the Centerville Marketplace Subdivision Phase 3, conditioned upon staff’s approval of the addition of the plat note regarding the detention ponds and drainage areas. Councilwoman Randall seconded the motion, which was passed by unanimous roll-call vote (5-0).

PUBLIC HEARING (REQUIRED) - ON AMENDMENTS TO CENTERVILLE GENERAL PLAN, SECTION 12-480-5, NEIGHBORHOOD 4, NORTHWEST CENTERVILLE REGARDING LAND USES AND ALLOWED DENSITIES - CONSIDER ORDINANCE NO. 2003-11

Mayor Deamer asked for an explanation from staff regarding the back-up report that states the Planning Commission may not be entirely agreeable to the requested density change. Aric Jensen explained that the Planning Commission wanted to set a standard that shows how density is calculated Mr. Jensen displayed a Density Concept Map that shows higher density should be close to public services. At the end of the last Planning Commission meeting, they were in agreement to four units per acre as a base density.

Mayor Deamer opened the public hearing for comments.

Fred Hale, 63 West 1750 North

Mr. Hale said a great amount of work and discussion has been done on this issue and it is time to move ahead.

Mayor Deamer closed the pubic hearing.

The Council reviewed the proposed text of Section 12-480-5 of the Centerville Northwest Neighborhood.

Councilman Gold made a motion to approve Ordinance No. 2003-11 with the changes discussed and allow staff to make any nonsubstantive changes that are needed. Councilman Layton seconded the motion, which was passed by unanimous roll-call vote (5-0).

PUBLIC HEARING (REQUIRED) - ON ENACTMENT TO PLANNING AND ZONING ORDINANCE, TITLE 12 AND TO CENTERVILLE MUNICIPAL CODE, TITLE 15 REGARDING PUBIC NOTICING PROCEDURES

Aric Jensen explained it costs staff $100 for each public notice mailing. Mr. Jensen is proposing to eliminate courtesy hearing notices for planning issues where it is not required and where the issue is not controversial. He displayed a public notice sign that is used by Layton City and explained it is placed on the property that will be discussed at a public hearing. This sign would be used in place of public notice mailings.

Mayor Deamer opened the public hearing for comments.

Brett Millburn, 283 East 300 South

Mr. Millburn asked if the proposed sign is used to advertise public hearings, will it violate the existing sign ordinance? Blaine Lutz said he believes it would be allowed as it is a temporary sign, the same as a for sale sign in a yard for a home. Mr. Millburn said his wife was not allowed to post signs to advertise for a Sub-For-Santa sale at their home, which he feels is unfair.

Mayor Deamer closed the public hearing.

Mayor Deamer suggested that Neil Lindberg and the City Attorney be consulted on staff’s request to make sure this request is consistent with the revised Zoning Ordinance that Mr. Jensen is proposing, and then consider an ordinance at a future date.

RECESS

At 8:48 p.m., the City Council adjourned for a recess.

RETURN TO CITY COUNCIL MEETING

At 9:00 p.m., the City Council meeting was reconvened.

REPORT FROM STAFF REGARDING EMERGENCY MANAGEMENT PROGRAM

Mayor Deamer explained that the City Council must be aware of what the Emergency Management Program is and what their role will be in the event of a disaster.

Dustin Lewis, Emergency Management Coordinator, said Centerville is in the process of updating their Emergency Operations Plan. Centerville recently received a grant from the Division of Emergency Services and Homeland Security in the amount of $6,800 to be used in updating the plan and adding annexes including one on terrorism and weapons of mass destruction. An annex will also be added to cover donations management, as well as an annex on the neighborhood network aspects of emergency management. The work must be completed and a grant report submitted to the State by December 31, 2003. Mr. Lewis is in the process of rewriting several of the annexes and the Response Plan, which is the outline of how the City will respond to a disaster.

Mr. Lewis explained that in a disaster, Mayor Deamer would have to declare the city a disaster in order to receive county aid. If the county is overwhelmed, the county would go to the State for aid. Authorization of City funds for an emergency must be given from the Mayor and Council. The Council should become familiar with the annexes and a Council member may be asked to be a Public Information Officer. The court room has been designated as the Emergency Operations Center for Centerville.

Mayor Deamer asked about plans for the neighborhood coordinators. Mr. Lewis replied there will be a meeting on April 30, 2003 for the neighborhood coordinators to discuss various subjects. Mr. Lewis will provide a list of the neighborhood coordinators for the City Website.

A work session or "table top exercise"will be held with the City Council at a later date on the planning process for an emergency.

BAMBERGER STATION PUD SUBDIVISION

Steve Thacker explained that the Bamberger Station PUD Subdivision plat approval is dependent on the approval of the Development Agreement, which is also conditioned upon two events:

The Council reviewed a plat of the proposed Bamberger Station PUD and the architectural drawing of the proposed housing units. Aric Jensen reported there will be six-foot white vinyl fencing surrounding much of the subdivision. Open space is at 47 percent.

The Council discussed the "pork chop" entrance that UDOT is requesting and agreed that the design should be given careful consideration, so that a minimum amount of signs will be needed to be placed at the entrance.

Councilman Gold made a motion to approve the final plat for the Bamberger Station PUD Subdivision subject to:

Councilman Gill seconded the motion, which was passed by unanimous roll-call vote (5-0).

Councilman Gold made a motion to approve the Development Agreement for the Bamberger Station PUD Subdivision subject to:

Councilman Layton seconded the motion, which was passed by unanimous roll-call vote (5-0).

APPROVE AGREEMENT WITH CEDAR SPRINGS HOMEOWNERS ASSOCIATION PERTAINING TO THE PURCHASE AND IMPROVEMENT OF PROPERTY

Steve Thacker explained the Cedar Springs Homeowners Association approved the agreement to transfer 1.285 acres of property to the City. There was a question in a previous meeting as to whether the transfer of this property would put the Cedar Springs Development out of compliance with their original approval regarding density or open space. Staff researched this issue and discovered this project was approved initially in 1971. In order for this project to be approved, the zoning ordinance had to be amended, and a new zoning ordinance (R-4) was created that would allow up to 16 units per acre. Assuming one-half of the public roadway (70 West) should be included in the calculations, the density after the transfer of 1.285 acres to Centerville City would be 15.9 units per acre. In addition, Lisa Romney and Todd Godfrey in the City Attorney’s office both believe this transaction would not create a legal problem for Cedar Springs, even if the resulting density was more than 16 units per acre.

Councilman Gold made a motion to approve the agreement with the Cedar Springs Homeowners Association pertaining to the purchase of the 1.285 acres of property. Councilwoman Randall seconded the motion, which was passed by unanimous roll-call vote (5-0).

PARK HILLS BOOSTER PUMP STATION ELECTRICAL CONTRACT: CANCEL BID AWARD TO ICG AND AWARD BID IN THE AMOUNT OF $30,864 TO KIDSTON ENGINEERING

Mayor Deamer stated that he is legal counsel for Kidston Engineering, even though he will not vote on this matter.

Steve Thacker explained the City received a letter from ICG withdrawing their bid, after the City Council had awarded the bid to ICG.

Councilman Gold made a motion to cancel the bid to ICG Electric for the Park Hills Booster Station and award the bid to Kidston Engineering in the amount of $30,864. The bid bond will not be returned to ICG Electric. Councilman Gill seconded the motion, which was passed by unanimous roll-call vote (5-0).

REPORT FROM COUNCILWOMAN RANDALL REGARDING CENTERVILLE ELEMENTARY SCHOOL PARKING

Councilwoman Randall explained the initial direction was to consider the property east of the elementary school for additional parking. This is no longer an option as the two most important entities have backed out. Councilwoman Randall asked the Council if they would consider using Founders Park property for additional parking, which would require revisions to the master plan and public hearings.

After discussing this issue, the Council unanimously agreed to not readdress the Founders Park Master Plan and to inform the elementary school that the City will not be able to support them in their desire to have a parking lot west of the school on Founders Park property, and that they must handle this issue on their own. It is now the responsibility of the school district and the school to move forward in finding a solution for their parking problem. Councilwoman Randall will also inform the Principal that the Council is not in favor of diagonal parking. There was some discussion about the possibility of allowing the school to build a parking lot on property east of City Hall.

MINUTES REVIEW AND APPROVAL

Councilman Gold made a motion to approve the City Council work session minutes of March 18, 2003 as written. Councilwoman Randall seconded the motion, which was passed by unanimous vote (5-0).

Councilman Gill made a motion to approve the City Council meeting minutes of March 18, 2003 as amended. Councilman Layton seconded the motion, which was passed by unanimous vote (5-0).

MAYOR’S REPORT

CITY MANAGER UPDATE

The Council agreed to replace the microphones on the Council bench.

RECESS TO CLOSED MEETING

At 11:00 p.m., Councilwoman Smith made a motion to extend the Council meeting ten minutes and to adjourn to a closed meeting to discuss the purchase of property. Councilman Gold seconded the motion, which was passed by unanimous vote (5-0). In attendance were: Mayor Deamer, Council members Gill, Gold, Layton, Randall, Smith; Steve Thacker, City Manager; Blaine Lutz, Finance Director/Asst. City Manager; Connie Larson, Recording Secretary.

RETURN TO CITY COUNCIL

At 11:10 p.m., the regular City Council was reconvened.

MISCELLANEOUS BUSINESS

1. Discussion Regarding Contracting for Audit Services

The Council discussed contracting for audit services for FY 2003. The Council agreed to solicit proposals from qualified firms.

At 11:15 p.m., Councilman Gold made a motion to adjourn the City Council meeting. Councilman Layton seconded the motion, which was passed by unanimous vote (5-0).

Marilyn Holje, City Recorder
Connie Larson, Recording Secretary