Minutes of the Centerville City Council meeting held Tuesday, December 15, 2009 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT

Mayor                        Ronald G. Russell

Council Members  Justin Y. Allen
                                   Ken Averett
                                   Paul A. Cutler
                                   Sherri Lyn Lindstrom
                                   Lawrence Wright
 
STAFF PRESENT
                                   Steve Thacker, City Manager
                                   Blaine Lutz, Finance Director/Assistant City Manager
                                   Lisa Romney, City Attorney
                                   Bruce Cox, Parks and Recreation Director
                                   Randy Randall, Public Works Director
                                   Fred Campbell, City Engineer
                                   Kathy Streadbeck, Recording Secretary 

VISITORS
                               Interested Citizens

PRAYER/THOUGHT Councilman Averett

OPEN SESSION

No comment.

PRESENTATION – Youth Council Coloring Contest

Youth Council members presented awards to the Christmas coloring contest winners.

MINUTES REVIEW AND APPROVAL

The minutes of the City Council work session and the City Council regular meeting held December 1, 2009 were reviewed and amended. Councilman Wright made a motion to approve both sets of minutes as amended. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (5-0).

SUMMARY ACTION CALENDAR

a. Approve 2010 Council meeting schedule – Resolution No. 2009-29
b. Approve amendments to recording secretary services contracts
c. Approve 90-day extension of Comcast Franchise Agreement

Councilman Cutler made a motion to approve items a and c on the Summary Action Calendar above. The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

Councilman Wright questioned why the recording secretary for the City Corps Council was not included. He also questioned why some of the committee meetings are listed in the contract, but not all. He feels all or none of the meetings should be called out in the contract agreement. Steve Thacker, City Manager, said the recording secretary for the City Corp Council is an employee of the City and is paid for her time in that manner. The recording secretaries listed by name in the Agreement are contracted employees and are the only ones paid per this Contract Agreement. He also suggested listing the three major meetings (City Council, Planning Commission, and Board of Adjustment) in the Agreement and encompassing all other meetings as “other committees.” The Council agreed.

Councilman Wright made a motion to approve the amendments to the recording secretary services contracts with the revision mentioned above. The motion was seconded by Councilman Allen and passed by unanimous vote (5-0).

PUBLIC COMMENT – Centerville Cemetery

Steve Thacker, City Manager, reported the northern portion of the cemetery could be opened for additional burial plots. This area is currently landscaped with grass and trees. This would not require the removal of any trees and could create an additional 344 plots. Staff believes this could be a highly desirable location and recommends the Council consider raising fees in this area. Currently, there are no side-by-side plots available in Sections A, B, and C in the cemetery; opening this area would allow someone to buy two or more plots together and could also allow for up-right headstones. Staff recommends increasing the right-of-burial fee in this area to $600 (double the current rate). All other fees (Perpetual Care Fee, Headstone Fee, and Non-Resident Fee) would remain the same. Staff also recommends the Interment Fee (opening and closing of the grave) be raised by $25 to $325. This will help off-set the increase of labor costs since the fee of $300 was set three years ago. After hours interment fee is one and a half times the set fee.

Bruce Cox, Parks and Recreation Director, reported there is an option for double-depth burials if the northern portion of the cemetery is opened for additional plots. Due to the sandy soil in the cemetery and the risk of potential cave-ins, the City would not be able to stack two single vaults, but there are double-depth vaults (sold as one unit) available. These could work in Centerville’s cemetery. If the Council is amenable to double-depth burials, staff suggests designating a portion of the northern area (1/3 of the total) for this purpose. If interest is low, then the space could be offered for single-depth plots. Mr. Cox reviewed the pros and cons of double-depth burials. Purchasing a double-depth plot would only cost the individual one right-of-burial fee, a savings of $600. All other fees would still apply. Once the right-of-burial is purchased for a double-depth plot the individual will have what is called an unassigned space. They will know what area of the cemetery they will be placed in, but not the specific plot. Double-depth vaults, when needed for the initial burial, would be installed next to an existing double-depth vault, to reduce the risk of cave-ins. No individual will know exactly where they will be placed unless they will be the second burial in a double-depth vault already in place. There will only be one up-right headstone allowed for a double-depth plot, but a second ground-level marker would be acceptable. Mr. Cox also reviewed the revenue sources for the cemetery explaining there will, most likely, always be a need for subsidy by the City.

Mayor Russell allowed public comment.

Stephanie Ivie, 595 South 700 East, said she can see the northern portion of the cemetery from her front windows. She is in favor of opening this area to future burials. She also likes the idea of providing the option for up-right headstones.

Kent Holbrook, 1490 North Homestead Circle, asked if the 1/3 of the land that may be used for double-depth plots will be along the road or in the interior. He suggested evenly dispersing these plots, both interiorly and along the roadway. He believes the roadway plots will be more desirable.

Mr. Thacker said the 1/3 of the lot proposed for double-depth plots will either be on the east end or west end of the new area. He reported he spoke with a local mortician and his reaction was that the proposed fee increases are reasonable. Mr. Thacker explained there is a waiting list for burial plots in this new area. He said parties are interested in purchasing anywhere from 2 to 24 plots. He suggested the Council consider limiting the number of plots sold to one individual/household. This will provide opportunity for more Centerville residents to purchase plots.

Mr. Cox reported staff has studied the soils, water table, utilities, and easements for this area of the cemetery and it is acceptable for burial plots. He also reviewed eight (8) issues as listed in a draft document prepared by him, dated 11/23/09. He asked the Council to review each of these issues. In addition, he asked the Council to continue allowing infant burials and urns in the same space as a normal casket. This is a practice that has not been codified in our ordinances in the past. Stipulations would include the use of flat ground-level headstones for the infants and urns. The Perpetual Care Fee would still be required for infants or urns being placed in existing plots. Staff also recommends the Perpetual Care Fee be assessed twice for burials in double-depth vaults, i.e., one for each casket. Mr. Cox also suggested the Council consider requiring two burial plots remain available together for purchase. This will eliminate single-plots for sale throughout the cemetery. This has not been practiced in the past and there are a few single, undesirable plots scattered throughout the cemetery. However, these may become more desirable as they will be half the price of the north area, if opened. Councilwoman Lindstrom suggested the City offer the single plots at even a lower discounted rate since they will most likely be purchased under hardship circumstances.

The Council discussed each of the issues raised. The Council agreed the northern area should be opened for additional plots and agrees that a 1/3 of the land should be initially reserved for unassigned double-depth plots as discussed. Up-right headstones may also be allowed in the northern area. Fees may be raised and assessed as recommended. The Council also agreed that two plots should remain available together at all times, limiting leftover single plots. The Council was also in favor of allowing infant burials or urns within an existing plot as discussed. A majority of the Council was also in favor of limiting the number of plots sold to a single household. The limit that appeared to have support was eight (8). 

Councilwoman Lindstrom made a motion to table this issue until January 2010 and directed staff to revise Ordinance No. 2009-17 and Resolution No. 2009-25 to reflect the changes discussed. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0).

PUBLIC HEARING – Text Amendment to Chapter 12-36 to allow chickens and rabbits in the A-L and R-L Zones 

This item is postponed pending action by the Planning Commission. This item will be rescheduled sometime in 2010.

WATER SYSTEM MASTER PLAN UPDATE

Randy Randall, Public Works Director, reported the State will be adopting some new regulations with respect to water systems in the near future. These regulations will require cities to provide evidence that water systems will not incur any negative impact or deterioration of service when a new development comes on-line. The State is concerned that communities may be expanding quicker than utilities can be provided. Mr. Randall explained the newly proposed development on the west side of I-15 would allow for residential uses. There is not adequate water service to this area of the city and a Water System Master Plan update is needed. The necessary studies for a master plan update will cost between $24,000 and $26,000. This cost includes an update of the entire Water System Master Plan, both east and west of I-15.

Fred Campbell, City Engineer, said the land use options on the west side of the city have changed to include residential. The water system is weakest in this area of the city and will need significant improvements in order to sustain residential uses. It is important to get the Water System Master Plan updated and in place before development is ready to move forward. Mr. Campbell also explained the pipe deficiencies on the west side and the potential need for additional water storage.

The Council agreed a Water System Master Plan update is needed. The Council questioned the need for secondary water on the west side of the city.

Mr. Randall said there is no secondary water on the west side. This is something that could be discussed when implementing landscape requirements for residences on the west side. Mr. Campbell said options for secondary water could be researched as part of the Water System Master Plan update. Staff suggested the possibility of raising impact fees on developments on the west side. This would help re-coup some of the costs needed for infrastructure. This is something that could be discussed in more depth in the future.

Councilwoman Lindstrom made a motion to authorize funding from the Water Fund for updating the Water System Master Plan in the amount of $24,000-$26,000. The motion was seconded by Councilman Wright and passed by unanimous vote (5-0). 
 
MAIN STREET/PARRISH LANE INTERSECTION PROJECT

Steve Thacker, City Manager, reported UDOT included the Main Street/Parrish Lane Intersection enhancements on the State Transportation Improvement Plan several years ago. This project has recently been moved up due to projects ahead of it being funded by the Federal Stimulus Program. Improvements may begin as soon as fall 2010. In order to meet this timeline, the City must get environmental clearance for the improvements. Environmental clearance requires a site survey and an environmental review. The City Engineer will conduct the site survey, but the environmental review must be done by a transportation engineering firm approved by UDOT. The City has secured a proposal from Fehr & Peers for this work. All work done prior to environmental clearance must be paid for by the City. After environmental clearance is granted, 93% of the expenditures will be covered by Federal funds. The initial work (site survey and environmental review) could be paid for with the funds collected from Wal-Mart for improvements on Parrish Lane. Staff is also currently working on a master improvement plan for this intersection, which will recommend future improvements. 

Some Council members agreed the access from Main Street to the Parrish Lane shopping complex (Associated Food Store) on the north side of the Wells Fargo bank has been a hazard in the past. Council asked staff to include this area when preparing the long-term master plan for the Main Street/Parrish Lane Intersection. Staff agreed.

Councilwoman Lindstrom made a motion to accept the proposal for environmental engineering services from Fehr & Peers in the amount of $23,889.95. The motion was seconded by Councilman Averett and passed by unanimous vote (5-0).

BARNARD CREEK STREAM CHANNEL – Bid Award

Fred Campbell, City Engineer, reported the City opened bids for the clearing of the Barnard Creek Stream Channel on Friday, December 11, 2009. The bids received ranged from $43,400 to well over $100,000. There was some confusion as to who would assume the liability for equipment being used in this area. Staff felt the ground would be frozen enough to handle the equipment, but contractors disagreed. Staff agreed the liability should lie with the contractor, subsequently one of the bidders dropped out. The lowest bid was from Brinkerhoff Construction for $43,400. Mr. Campbell explained the City has obtained all the necessary permits and approvals for this work to be completed.

Randy Randall, Public Works Director, reviewed the location of the flow of the Barnard Creek Stream Channel. If the channel is cleared and re-directed to its original location, it will help dry up some of Terramerica’s property and enhance the wetlands of the Nature Preserve.

Steve Thacker, City Manager, said this bid process was done informally to expedite the timeline. Staff believed the cost of the work would fall within the current Terramerica agreement of $25,000. In light of the bids, this was an incorrect assumption and it is necessary to amend the Terramerica Agreement to account for the additional costs. Staff has met with Davis County and Terramerica regarding the bids. Given the breakdown of contributions and agreements (See Section 2 of Amendment No. 1 to the Stream Channel Restoration Agreement) both the City and Terramerica will need to pay an additional $7,000. Staff has included two versions of the amendment to the Agreement and recommends both be approved. The terms of reimbursement are dealt with differently in the two versions. Staff is unsure which agreement Terramerica will sign. Staff also recommends the Council approve the City’s portion of the needed additional funds ($7,000) in order to keep this project on track. Staff also recommends approval of an agreement with Davis County, in which the County agrees to contribute $10,000 for this work.

Councilman Cutler made a motion to approve the following:
a. Approve the use of the informal bidding process as carried out by staff.
b. Approve both versions of Amendment No. 1 to the Stream Channel Restoration Agreement as presented by staff.
c. Award bid for the clearing of the Barnard Creek Stream Channel to Brinkerhoff Construction in the amount of $43,400 contingent on the execution of Amendment No. 1 to the Stream Channel Restoration Agreement and the County’s approval of the Interlocal Cooperation Agreement.
d. Approve Resolution No. 2009-29 authorizing the execution of an Interlocal Cooperation Agreement between Centerville City and Davis County regarding stream channel restoration work for Barnard Creek.
e. Authorize staff to make any non-substantive changes.
f. Authorize the Mayor to sign both the Interlocal Agreement and the Amendment No. 1 agreement.

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

CENTERVILLE MINUTES POLICY

Staff reviewed the proposed changes to the ordinances and policies regarding meeting minutes.

Councilman Cutler made a motion to approve the following:

a. Adopt Resolution No. 2009-27 approving a Minutes Policy.
b. Adopt Ordinance No. 2009-19 amending Sections 12-20-050(C) of the Zoning Code regarding written minutes and recording of public meetings of the Planing Commission and Board of Adjustment.
c. Adopt Ordinance No. 2009-20 amending the following Sections of the Title 2 of the Municipal Code: Section 2-01-030 Notice of Meetings; Section 2-01-050 Agendas; and Section 2-01-060 Written Minutes and Recording of Public Meetings. 

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

MAYOR’S REPORT

Mayor Russell reported on the Brigham City Council decision to implement a Special Assessment District for those residences utilizing the UTOPIA service. UTOPIA claims Centerville is the next city to come on-line. Centerville City may want to consider using a similar approach.

CITY MANAGER’S REPORT

Steve Thacker, City Manager, informed the Council of the South Davis city managers’ efforts to come to an agreement with UDOT regarding maintenance of the Legacy Parkway Trail. The city managers are now asking mayors and city councils to get involved. City managers are asking elected officials to discuss this issue with UDOT at the next COG meeting. 

The Council discussed options for a small Swearing-In Ceremony for the re-elected City Council members on January 5, 2010.

MISCELLANEOUS BUSINESS

Blaine Lutz, Finance Director, reviewed the November Financial Report and responded to questions from the Council. He also reviewed the status of the City Hall Addition/Remodel project and gave an overview of the finances for the project.
 
The Council discussed options for proceeding with the City’s historic preservation program. Mayor Russell reported he has several applications for possible members for the Historic Sites Committee. Once this Committee is organized, they can research historic preservation program options further and make recommendations to the Council. Some Council members discussed the need to re-prioritize projects. Historic Preservation may or may not be something that is a priority.

The Council discussed the recycling program. It seems it is successful. They discussed the need to compile statistical information that will help determine the need for greater services. Some Council members expressed an interest in possibly increasing pick-up of recyclable material to every week instead of every two weeks.  

The meeting was adjourned at 10:03 p.m.