Minutes of the Centerville City Council meeting held Tuesday, April 3, 2007 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville, Utah.

MEMBERS PRESENT:

Mayor:                         Ronald G. Russell

Council Members:   Justin Y. Allen
                                    Jack Dellastatious
                                     Paul A. Cutler
                                     David R. Gutke
                                     Sherri Lyn Lindstrom

STAFF PRESENT:    Steve Thacker, City Manager
                                    Blaine Lutz, Finance Director/Assistant City Manager
                                    Randy Randall, Public Works Director
                                    Cory Snyder, Community Development Director
                                    Bruce Cox, Parks and Recreation Director
                                    Lisa Romney, City Attorney
                                    Kathy Streadbeck, Recording Secretary

VISITORS 
Jayne Wayman           Noel Case, Standard Examiner
Paul Reimann            Spencer F. Hatch
April Hatch                   Brandon Worthen
Troy Browning             Jane Browning
Jane Randall              Brent Randall
Melanie Randall         Don Wood
Russell Long              Brett Hillan
Riley Smith                  Talan Harker
Mike Anderson            Chad Smith
Steve Lore                    Bret Millburn, Davis County Commissioner
Kim Samuelson          Lowenda Downs, Davis County Commissioner
Merrill Sherrif                Alan Hansen, Davis County Commissioner
Steven Depp                Sharman Smoot

PLEDGE OF ALLEGIANCE

PRAYER OR THOUGHT Councilwoman Sherri Lindstrom

COMMENDATIONS AND AWARDS

Mayor Russell recognized Officer Allen Ackerson as the Elks Club 2006 Centerville Police Officer of the year.  Officer Ackerson was not present.

Mayor Russell recognized Randy Randall, Public Works Director, for his knowledge and great service over the past twenty-five years.  Steve Thacker, City Manager, also thanked Mr. Randall for his dedication and innovative work for the City.  Mr. Randall was presented with a 25-year Employee Service Award and dinner certificate.

OPEN SESSION

Bret Millburn, Davis County Commissioner, thanked the City for the opportunity to visit and discuss various issues.  He said they are visiting each of the fifteen (15) cities in the County and look forward to enhancing their relationship. 

Spencer Hatch, former Centerville resident, said he is an attorney who has been studying fluoride and its effects.  He said fluoride is a poison that is being dumped into the water without proper information.  He said he has written letters to all the mayors, County officials, and State officials in Utah regarding the dangers of fluoride.  He recommended the Council read a book entitled The Fluoride Deception by Christopher Bryson.  He said fluoride does not reduce cavities but rather causes bone cancer and brain damage, among other ailments. 

SUMMARY ACTION CALENDAR
 
a. Approve Garbage Collection Contract extension with ACE Disposal

Councilman Cutler asked for some clarification on the agreement.  He said he is concerned with the substantial increase in cost.  He is also concerned that this cost may be passed on to residents. 

Blaine Lutz, Finance Director, said these rates were reviewed earlier by the City Council and are reasonable.  He said ACE Disposal has provided a great service and staff recommends the extension. He said that the cost does not need to be passed onto the residents.  This is a decision the City Council will make during discussions of the budget for next fiscal year.  He explained the cost is a little higher due to the distance to the waste disposal site the city is required to use, but the rates are still average.  He also explained that this is the last time this contract can be extended and a new contract will have to be negotiated or new bids solicited following this two (2) year term.  Steve Thacker, City Manager, noted that, based on a survey done by the Waste District, even if the Council chooses to pass on this cost to the customers, Centerville’s rate for the first can would still be lower than all but three of the fifteen (15) local governments using the Waste District for garbage disposal.

Councilman Cutler made a motion to approve Amendment No. 3 to the Solid Waste Collection Agreement with ACE Disposal.  The motion was seconded by Councilman Gutke and passed by unanimous roll-call vote (5-0).

b. Consent to Mayor’s appointments of David Gutke, Scott Marquardt, and Harold Yancey to the Centerville Community Foundation Board.
c. Approve Professional Services Agreement with Brandon Poll to be a prosecutor in Centerville’s Justice Court.
 
Councilman Allen made a motion to approve items b and c on the Summary Action Calendar as listed above.  The motion was seconded by Councilman Cutlter and passed by unanimous roll-call vote (5-0).

PUBLIC HEARING – Amendments to Centerville Zoning Code, Chapter 12-20, Section 12-20-070, Historic Sites Committee re: number of members on committee 

Steve Thacker, City Manager, informed the City Council that the Planning Commission tabled this item for further discussion and will forward their recommendation in the near future. 

Lisa Romney, City Attorney, explained the Planning Commission tabled this item until she could present some draft language regarding the number of members required and what would constitute a quorum. 

Mayor Russell opened the public hearing.  No one wished to comment.

Councilman Gutke made a motion to continue this item and the public hearing until April 17, 2007.  The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

PUBLIC HEARING – Rezone of approximately 4.66 acres located at the southeast corner of Lund Lane and Main Street from Agricultural-Low (A-L) to Residential-Low (R-L).  Denis W. Butler & Associates, applicants.  Consider Ordinance No. 2007-05

Cory Snyder, Community Development Director, reported the applicant is requesting a rezone from Agricultural Low (A-L) to Residential-Low (R-L) in order to construct a church meeting house.  R-L is consistent with surrounding uses.  The applicant has conducted a soils test and found that the property is suitable for development.  The current property owner desires to build a meeting house. However, if the property was ever sold this rezone would allow residential development on this site.  Staff and the Planning Commission recommend approval. 

Mayor Russell opened the public hearing.  Seeing no one wishing to comment, he closed the public hearing. 

Councilwoman Lindstrom said it appears there is enough property to accommodate a meeting house in addition to a few single-family homes.  Mr. Snyder said the applicant has not yet submitted a site plan, but there is enough property for this scenario.  

Councilman Gutke made a motion to approve the rezone of 4.66 acres of property located at the southwest corner of Lund Lane and Main Street from Agricultural-Low to Residential-Low with the following findings. 

Findings:

a. The applicant has submitted a complete application in order to receive a review by    the Planning Commission and City Council.
b. The applicant desires to construct a church which is not permitted in an A-L Zone.    Changing the zone to R-L would allow the church to be built.  In addition, if the    applicant were to change their mind on constructing a church, residential     development is feasible within this location.
c.         The map change would be consistent with the goals and objectives of the    Centerville City General Plan in regards to Sections 12-420-1, 12-420-2(2) and   12-480-4.
d. The proposed amendment has met the criteria found in Section 12-21-080(e) of    the Zoning Ordinance.

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

PUBLIC HEARING - K&R SAMCO COMMERCIAL SUBDIVISION

Mayor Russell opened the public hearing.     

Sharman Smoot, representative for the applicant, distributed a letter and documents (dated 1997) which set forth, in his opinion, an agreement between the applicant and the City.  He said this agreement states that the City would share the cost for the storm drain extension.  He said the City now claims the applicant is solely responsible for the storm drain installation costs, but will waive the impact fee.  Mr. Smoot said he would like the City to honor their original agreement.  Mr. Smoot also distributed and discussed a list of architectural issues that also need attention.  He said City Ordinance only allows a twelve (12) month period for construction following a final site plan approval.  He said this time has expired and encouraged the City Council to provide some type of intervention so the applicant will not have to repeat the site plan process.  Repeating the process will incur a significant cost by requiring the applicant to change his plans to comply with current City Ordinances.  

Kim Samuelson, applicant, said he paid a storm drain impact fee when he constructed the first building on this site with the understanding that the City would install the extension in the future.  He said he has already dedicated the appropriate 15-foot easement necessary for this arrangement. 

Brandon Wood, representative for the applicant, reviewed the size and architectural elements of the proposed office building.   

Mayor Russell closed the public hearing.

Steve Thacker, City Manager, said this is the first time he has heard of this storm drain agreement or seen these documents.  He recommended the City Council move forward with the acceptance of the final plat easements, but table the storm drain impact fee waiver until staff has time to research this matter further.  Lisa Romney, City Attorney, concurred.

Cory Snyder, Community Development Director, said the site plan process has a one year time limit.  Changing this would require an ordinance amendment.  He said he has been flexible on some of the other processes, but the site plan will have to be repeated. 

Councilwoman Lindstrom made a motion to approve the recording of the plat and accept the easements as indicated on the plat.  The motion was seconded by Councilman Cutler and passed by unanimous roll-call vote (5-0).

Councilman Cutler made a motion to table the waiver of the storm drain impact fee and directed staff to research this issue further and come back with a recommendation.  The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

PARK AND RECREATION BUSINESS

Phase 4 of Freedom Hills Park
  
Blaine Lutz, Finance Director, reported the low bidder (Greene’s, Inc.) has requested a withdrawal of their bid for Phase 4 of the Freedom Hills Park.  The bid had a substantial error and the bidder would incur considerable hardship by adhering to the bid.  Staff does not believe Greene’s Inc. made this error maliciously or with intent.  The proposal to withdraw is in accordance with the bid documents, Centerville City’s Procurement Policy, and State code.  Staff recommends the City Council accept this withdrawal.  Mr. Lutz said staff also recommends that all bids be rejected and Phase 4 be re-bid immediately.  He explained there may be some risk in doing this, but there would likely be some cost savings. 

Councilman Gutke made a motion to accept Greene’s Inc. bid withdrawal.  The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

Merrill Sheriff, MSCI, said his company (MSCI) was the second lowest bidder on this project.  He said he is disappointed and discouraged that the City Council is considering this process.  He said he spent a great deal of time preparing his bid and making sure it was fair, accurate, and within budget.  He said fair treatment would be to automatically accept the second lowest bid instead of re-bidding the project.  He explained that re-bidding the project will put his company at a disadvantage and risk of losing the bid because new bidders have the information necessary to out bid MSCI.   He said MSCI would like to complete this project for Centerville City. 

Brandon Worthen, Great Western Landscape, said he is the landscape subcontractor for MSCI.  He said if the City throws out all bids it will be impossible to maintain the price from the original bid.  He explained that in a few weeks the spring dig discount for trees will end.  At that time the cost for trees will raise approximately twenty-percent (20%).  He said if the City rebids the project this window for discounted trees will close.  He said they would like the opportunity to fulfill this bid and provide a great service to the city.  He said re-bidding this project is risky and unfair.
 
Russell Long, Long Electric, said he too, went to great work to produce a fair and reasonable bid for this project.  He said his prices will be increasing in the next thirty (30) days.  He asked the City to honor the original bid and grant the project to MSCI. 

Councilman Dellastatious said he feels the City Council has a strong fiscal responsibility to the city.  They also have an ethical responsibility.  He said he believes it is unethical to punish one individual because another made a mistake.  He said he does not think it is an advantage to the City to rebid this project.  He agreed throwing out all bids will put previous bidders at a disadvantage.  He said he feels rebidding is too risky and that it will cause bidders to sacrifice quality in order to be competitive.  He said he is in favor of granting the second lowest bidder (MSCI) the project. 

Councilwoman Lindstrom said she believes MSCI’s bid is reasonable.  Councilman Cutler said MSCI is a good company and will do a great job, but he feels the Council has a fiduciary responsibility to get a better price if possible.  He said if there is a possibility of saving tax payers some money, it is reasonable to rebid the project.

Steve Thacker, City Manager, said there is a high probability of significant savings if this project is rebid.  He explained that due to the error by Greene’s Inc. the City Engineer reviewed the bid in greater depth.  The City Engineer feels there is a potential for cost savings if the project is rebid. 

Mayor Russell said he feels the City already has qualified bids.  He said it would be nice to see if a lower bid came in, but feels it is unfair to those that have already gone to the work of creating a fair bid.  Councilman Gutke agreed.   

Councilwoman Lindstrom made a motion to award the bid for construction of Freedom Hills Park, Phase 4 to MCSI in the amount of $398,596.85.  The motion was seconded by Councilman Allen and passed by roll-call vote (4-0).  Councilman Cutler abstained from voting.

Councilwoman Lindstrom made a motion to authorize the purchase of materials from Mountain State Supply Inc. at State contract prices for an amount not to exceed $80,000.  The motion was seconded by Councilman Allen and passed by unanimous roll-call vote (5-0). 

Facilities Use Agreements with Football League and Soccer Association and Concessionaire Agreement with Classic Food Service

Steve Thacker, City Manager, explained he wants to address each of the agreements (Football League, Soccer Association, and Concessionaire Agreement) with regard to insurance coverage.  He said the Soccer Association has recently submitted an appropriate insurance policy and staff recommends approval of the Soccer Association Facilities Use Agreement as written.  He said the Football League does not have adequate insurance coverage, but are aware of the problem and are working on the solution.  He said staff recommends approval of the Football League Facilities Use Agreement as written. 

Mr. Thacker explained that Classic Food Service does not have the required two million dollar insurance coverage, but rather only a $500,000/$1,000,000 policy.  He said other cities in the County that use this concessionaire do not even require liability insurance coverage.  He said these lower limits would transfer some of the risk back to the City, but in past years the City has run the concessions and incurred all the risk.  Staff feels the risk is minimal for the service provided.  The Council could consult URMMA on this matter and make a decision at a later date.

Lisa Romney, City Attorney, said she checked the State register for these three entities.  She said none of the entities are registered as currently named in the agreements.  She recommended the Council approve the agreements subject to satisfactory evidence of entity status.  

The Council reviewed the agreements and made some non-substantive changes as needed.  Overall, they felt the agreements were appropriate. 

Councilman Cutler made a motion to approve the Facilities Use Agreement with the South Davis Soccer Association/Utah Rush and the Ute Football Conference-Viewmont District subject to the following:

1. Staff approval of adequate insurance coverage.
2. Satisfactory evidence of entity being registered with the State. 
3. The Ute Football Conference–Viewmont District Facilities Use Agreement, page 1, section  3. Restrictions, sentence #4 shall read: “The City understands that football is played in all kinds of weather and will not request cancellation of games due to weather conditions with less than 72 hours notification prior to game day.”
4. Staff may make any non-substantive changes as needed.

Furthermore, Councilman Cutler moved that the City Council approve the Concessionaire Agreement with Classic Food Service subject to the following: 

1. Staff approval of adequate insurance coverage.
2. Satisfactory evidence of entity being registered with the State. 
3. Staff may make any non-substantive changes as needed.

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

TRAINING ON OPEN AND PUBLIC MEETINGS ACT

Lisa Romney, City Attorney, used this time to provide City Council their first annual training on the current Open and Public Meetings Act.  Ms. Romney distributed and reviewed the 2007 summary of eleven (11) key changes to the Open and Public Meetings Act.  The Council received an earlier written summary of the 2006 legislative changes.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the March 20, 2007 joint City Council/Parks and Recreation Committee work session were reviewed.  Councilwoman Lindstrom made a motion to approve the minutes as written.  The motion was seconded by Councilman Gutke and passed by unanimous vote (5-0).  

The minutes of the March 20, 2007 City Council meeting were reviewed and amended.  Councilwoman Lindstrom made a motion to approve the minutes as amended.  The motion was seconded by Councilman Gutke and passed by unanimous vote (5-0).

MAYOR’S REPORT

Mayor Russell informed the Council that June 6, 2007 has been set to discuss the City’s Sign Ordinance with area businesses.  This meeting will hopefully lead to some revisions to this ordinance.
   
CITY MANAGER’S REPORT

Steve Thacker, City Manager, used this time to report on a few minor items. 

MISCELLANEOUS BUSINESS
 
Handicap ramp for Bamberger Parkway
 
The City Council had no objection to staff adding a handicap ramp for the Bamberger Parkway. 

Trails Committee Appointment

Councilman Cutler made a motion to appoint Wendy Higgins to serve on the Trails Committee.  The motion was seconded by Councilman Gutke and passed by unanimous vote (5-0).

Employee Recognition

The Council discussed the need for a better employee recognition program, especially for 25-year employees.  Steve Thacker, City Manager, said staff has been working on this and will be bringing a recommendation to the City Council in the near future. 

At 10:20 p.m. the meeting was adjourned.