Minutes of the Centerville City Council meeting held Wednesday, July 5, 2006 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main Street, Centerville, Utah.            

MEMBERS PRESENT            

Mayor Pro Tem:           Paul A. Cutler            

Council Members:        Justin Y. Allen

Jack Dellastatious

David R. Gutke                                                    

Sherri Lyn Lindstrom            

MEMBERS ABSENT            

Mayor:                            Ronald G. Russell            

STAFF PRESENT         Steve Thacker, City Manager                                                

Blaine Lutz, Finance Director/Assistant City Manager

Lisa Romney, City Attorney                                                

Randy Randall, Public Works Director                                                

Michael Carlson, Water Division Supervisor, Assist. Public Works Director 

Mel Carter, Water Division employee                                                

Kathy Streadbeck, Recording Secretary            

VISITORS         Summer Clarke, Clipper 

 Mimi Charles 

 Grant Sorensen                                                           

 Noel Case, Standard Examiner                                                

 Kim Sorensen                                                                         

 Gladys Carter             

PLEDGE OF ALLEGIANCE            

PRAYER/THOUGHT       Paul A. Cutler            

COMMENDATIONS AND AWARDS            

          Mel Carter, Water Division employee, was recognized for ten years of City employment.              

OPEN SESSION             No comment.            

APPOINT MAYOR PRO TEM           

            Councilman Dellastatious made a motion to appoint Councilman Paul Cutler as Mayor Pro Tem for approximately the next six months or until another Mayor Pro Tem is appointed.  The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).            

SUMMARY ACTION CALENDAR

a.   Terminate Two-year Warranty Periods:

(1)   Huff Pasture Estates Subdivision

(2)   Walton Lane Townhomes PUD b.   Approve contract extension with Twin “D” for subdrain and storm drain maintenance in the amount of $97,930.00.

c.  Approve Position Pay Grade Schedule

d.  Commence Two-year Warranty Periods: (1)   Ricks Creek Subdivision (2)   Salmon Office/Warehouse

           Councilman Gutke made a motion to approve items a, b, and d on the summary action calendar listed above.  The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0).            

Position Pay Grade Schedule            

            Councilman Dellastatious questioned why these pay grade changes were not discussed prior to the budget approval.  Steve Thacker, City Manager, explained the analysis took longer to complete than originally thought.  It took more time to review the consultant’s recommendations.             

        Mr. Thacker explained the recommendations by the consultant gave staff a starting point.  From there he discussed the recommendations with the department heads and adjusted the recommendations according to what would be equitable in each department.  He said the consultant recommendations were, in staff’s opinion, on the higher side and the final recommendations are lower.  Mr. Thacker said he reviewed his recommendations with Mayor Russell.             

         Mr. Thacker  explained that contingency funds will need to be used in order to fund the changes in the Parks Department, but all other pay raises related to pay grade changes can be funded with personnel budget already approved for the other departments.  He also recommends the entire position pay grade schedule be reviewed next year.            

          Councilwoman Lindstrom shared concerns regarding the new Parks and Recreation Director position.  She feels some bias toward maintenance may come into play.  She wants to make sure all aspects of the job are dealt with equally.  She is not concerned with his ability or qualifications, this is not a criticism.               

          Mr. Thacker said he believes that Bruce Cox is qualified and capable of this new title.  He explained Mr. Cox is part of the Parks Design Team, is already aware of the duties required, and is anxious to expand his scope of work.  Mr. Thacker assured the Council that he will continue to work with Mr. Cox until he is working at the capacity necessary.  He said he believes it will be a smooth transition.             

          Councilman Allen made a motion to approve item c on the summary action calendar as listed above and authorize the use of contingency funds to cover costs of additional pay raises up to $8000.  The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).  

            G.K. SORENSEN SUBDIVISION              

          Cory Snyder, Community Development Director, reported the applicant is requesting final plat and plan approval.  The subdivision is located on the corner of Chase Lane and 400 West.  The plan creates four (4) building lots; one lot already has an existing home.  The Planning Commission recommended approval of the final plat with conditions which have been met.               

            Councilman Gutke made a motion to approve the G.K. Sorensen Subdivision final plat for a four-lot subdivision at the corner of Chase Lane and 400 West, with the following conditions and finding:              

Conditions:  

1.    All related and accrued professional services fees shall be paid prior to recordation of the final subdivision plat.

2.     The City receives an acceptable bond.

3.     Final plat approval by the City staff.              

Finding:              

1.   As described in the staff report, the proposed development is consistent  with the intent of the standards found in the City’s Subdivision Ordinance.        

          The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0).  

            BAMBERGER PARKWAY BID AWARD              

          Blaine Lutz, Finance Director, reported the bids came in significantly higher than expected.  He said staff will need to review the plans closely and bring this back at a later date.               

        Council members agreed to table this item until the next meeting.            

AMENDMENT TO CONTRACT WITH KILGORE PAVING              

           Fred Campbell, City Engineer, reported the contractor requested an additional $12 per ton for asphalt cost.  He said he has negotiated with the contractor who has agreed to drop that cost to $10 per ton.  Mr. Campbell said this is a fair and reasonable cost.  He said he also made it clear to the contractor that no work will be canceled and all work will remain on schedule.            

                Councilman Gutke made a motion to approve the amendment to the contract with Kilgore Paving, which will increase the estimated cost of the project contract price by $36,240.70.  The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

             PORCUPINE RIDGE PIPELINE

              Steve Thacker, City Manager, said staff would like the Council to respond to the questions listed in the staff report.  This discussion is to check staff’s perceptions of Council’s position with regard to the Porcupine Ridge Pipeline project.  Staff would like to know if the Council is comfortable proceeding with investigating the possibility of a Pages Lane alignment.

             Lisa Romney, City Attorney, said staff is not looking for any type of vote.  Staff would just like to get feedback from the Council regarding the information that has been presented thus far.  She said she would like to make sure the Council is acceptable with moving forward with exploring options, rather than pursuing the direction of saying no.  She said this open meeting discussion should not include any details about the legal opinion that was given.  However, she would like to know if there is any further information, confidential or otherwise, that the Council may feel they need.

            Mr. Thacker said the legal opinion could be discussed in a closed session if the Council so desires.  Councilman Gutke said he would like to discuss the legal opinion in a closed meeting this evening.  The Council agreed.

            Councilman Dellastatious said he is in favor of the Pages Lane alignment with conditions.  He expressed concern over making sure any construction is finished completely and correctly.  He does not want the roadway to be unsightly or sink after construction.  He said he would like to see the entire road re-surfaced by Holly once the project is complete.  He also said he would like to get the public involved in this project.  He would like to see Holly making a concerted effort in informing the public of the project.

            Mimi Charles, representative for Holly, said Holly plans to communicate with the public as much as possible.

            Mayor Pro Tem Cutler said he would like some type of public process implemented.  He feels the public should be educated and informed.  He said he agrees the Pages Lane route is a better option than the mountainside.

           Ms. Romney said, procedurally, there are a number of options when informing the public.  She asked if the Council wants the City to do it, if they want Holly to do it, or if they prefer a joint effort.  Would the Council prefer an informational open house or a public hearing before the Council?  Does the Council want to present both options and express why they feel Pages Lane is a better fit? Does the Council want to discuss the franchise agreement?  The Council needs to make sure the public input is appropriate and that people feel like they are heard.  She said she feels this should be more of an educational process.

         Councilman Gutke said he agrees the public should be informed of this project.  He said a letter or flyer should be sent to those individuals immediately affected by this project.  He said that perhaps they should wait to inform the public until they know for sure if Pages Lane is feasible.  He said they are unable to answer very many questions right now, because information is still being gathered.   

            Councilman Allen said he agrees the public needs to be informed.  He too would like an open house for the public explaining why the City feels Pages Lane is the better option.  The Council agreed this should be a joint effort with Holly.  Ms. Romney said she would like Holly, as the applicant, to answer many of the questions and the Council to remain as the decision-making body.                   The Council agreed they would like to review the draft franchise agreement before it is given to Holly.   

         Mayor Pro Tem Cutler said he would like information of what type of signage along the pipeline is required by law.  He also asked staff for more information on the Pacific Energy Pipeline.  Staff said they would provide such.

          Councilman Gutke said he would like to have regular updates on any discussion with Bountiful and West Bountiful.  Mayor Pro Tem Cutler proposed a joint work session with Bountiful and/or West Bountiful, possibly for elected officials without Holly reps present.   The Council discussed sending a letter instead of having a work session.

          Councilwoman Lindstrom said she would like some additional information on Holly’s incident response.  She also feels a third valve may be warranted, to decrease the length of pipe to be drained in an emergency.

          Mr. Thacker said Holly has asked if Centerville can do anything to encourage Bountiful to meet with Holly.  He said Mayor Russell is willing to call Bountiful’s Mayor and discuss this further.  Ms. Romney suggested that Mayor Pro Tem Cutler may be a better candidate for this correspondence.  Mayor Pro Tem Cutler said he would be willing to contact both Bountiful and West Bountiful.                Ms. Charles said Holly has met with West Bountiful’s elected officials and has another meeting tomorrow night.  They will use this meeting to discuss the Pages Lane option.

            PUBLIC HEARING – ELECTED OFFICIALS COMPENSATION – Consider Ordinance No. 2006-15

         Steve Thacker, City Manager, reported Ordinance No. 2006-15 increases elected officials’ compensation by $50 a month.  This change helps address inflation and brings salaries into the average range of those cities surveyed.

          Mayor Pro Tem Cutler opened the public hearing.  Seeing no one wishing to comment, he closed the public hearing.

          Councilman Allen made a motion to adopt Ordinance No. 2006-15, increasing elected officials’ compensation to $425 a month, effective July 2006, with another section added to the ordinance stating that elected officials’ compensation shall be reviewed every four (4) years as part of the regular budget process.  Research and appropriate recommendations shall be made by City staff based on inflation and surrounding cities’ rates.  The next time this item will be reviewed is 2010.  The motion was seconded by Councilwoman Lindstrom and passed by roll-call vote (3-2).  Mayor Pro Tem Cutler and Councilman Gutke opposed.

          Councilman Dellastatious said he is in favor of this change and feels this will not adversely affect the budget.  He said inflation does eat away at salaries and he feels the four- (4) year evaluation process will help.

           MINUTES REVIEW AND APPROVAL

         The minutes of the City Council work session and City Council meeting held June 20, 2006 were reviewed and amended.  Councilman Allen made a motion to approve both sets of minutes as amended.  The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).

          CITY MANAGER’S REPORT

         Steve Thacker, City Manager, reported the Planning Commission terminated the probationary period for Best Buy Auto regarding their conditional use permit.  However, Best Buy was cited for one violation just prior to ending the probation.  As allowed by the conditional use permit and City Ordinance, Best Buy was cited with a civil penalty and fined $120 for that violation.

          Mr. Thacker reported the Frontage Road sidewalk will be included in next year’s improvements.  

         Mr. Thacker reported that a stop work order has been issued to Charles Smith on a barn that was originally approved in the 1990’s.  If the applicant chooses to continue this project, he will need to specify the use of the structure and provide proof the structure is safe.

          Mr. Thacker reported Mr. Bruun has cleared the trees on his side of the property line adjacent to the cemetery.  He said he left a message for Mr. Bruun, stating the Council is undecided about the removal of the City’s trees, but has not yet heard back.  Council members discussed possibilities for this site.  The Council agreed clearing the trees may be appropriate if new trees are planted.  The Council agreed they would like to see a conceptual plan for the site before any decisions are made.

            MISCELLANEOUS BUSINESS  

         180 East              

      Steve Thacker, City Manager, reported on the plans for new curb, gutter, and drainage on 180 East.  He said the earlier plan was to replace most of the curb and gutter on that street and drain all surface water to 500 North.  The current plan is to replace all the curb and gutter and to drain only a portion of the surface water to 500 North.  The remaining surface water will flow into two (2) catch basins to be constructed in the cul-de-sac and connected to a new subdrain.  Mr. Thacker said he will continue to follow up on this matter and report to the Council as needed.               

       Fred Campbell, City Engineer said the two (2) catch basins will increase the cost, but not significantly.  He said this scenario could also create some ponding during severe storms, but for only a matter of hours at most.                 

Smoot Park 

          Councilman Dellastatious asked the Council to please visit Smoot Park.  He said this park is in great need of repair and he would like to discuss this matter further at the next meeting.  Mr. Thacker suggested inviting Bruce Cox, Parks Supervisor, to the next meeting to participate in this discussion.  The Council agreed.

4th of July Celebration

       Several Council members expressed how wonderful the 4th of July celebration was.  They said the leadership was great and the attention to details was tremendous.

Future Agenda Items

      The Council discussed the process for getting items on the agenda and the abililty to discuss items under the miscellaneous hearing on the agenda.

        Mayor Pro Tem Cutler said he would like to discuss the proposed expansion of the Davis Conference Center in a future meeting.  Councilman Allen said he would like to discuss rate reductions and a Council open house/public outreach in a future meeting.  The Councill concurred.

       At 9:40 p.m. Councilman Gutke made a motion to go into a closed meeting to discuss potential or  pending litigation.  The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0). 

CLOSED MEETING

      A closed meeting was held to discuss potential or pending litigation.  In attendance were Mayor Pro Tem Cutler; Steve Thacker, City Manager; Blaine Lutz, Finance Director; Council members Allen, Dellastatious, Gutke and Lindstrom; and Kathy Streadbeck, Recording Secretary.

RETURN TO OPEN SESSION

      At  10:12 p.m. the regular City Council meeting was reconvened and adjourned.

Marilyn Holje, CIty Recorder                                        Date Approve

Kathleen Streadbeck, Recording Secretary