Minutes of the Centerville City Council meeting held Tuesday, March 18, 2003 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville, Utah.

MEMBERS PRESENT:

Mayor: Michael L. Deamer

Council Members:
David R. Gill
Brian Gold
R. Dean Layton
Debbie L. Randall
Nancy F. Smith, arrived at 7:15 p.m.

STAFF PRESENT:

Steve Thacker, City Manager (Arrived at 8:00 p.m.)
Blaine Lutz, Finance Director/Asst. City Manager
Lisa Romney, Assistant City Attorney
Aric Jensen, Community Development Director
Fred Campbell, City Engineer
Matt Dixon, Court Clerk Supervisor
Jolene Jackson, Treasurer
Karrie Carlson, Recording Secretary

VISITORS:

Sherri Lindstrom, Matthew Larsen, LeRoy Foltz, J.P. Damron, James Haslam, Sheryl Brown, Bryant Law, Aubrey Law, Kyle White, Derek Woodbury, Brett Blackhurst, Gaylen Jackson, Jake Clawson, Dareick Trump, Rob Finklea, Bonnie Finklea, Larry Smith, J.T. Clark

PLEDGE OF ALLEGIANCE

PRAYER: Councilman David Gill

OPEN SESSION

Larry Smith, 324 West 1200 North -- Mr. Smith stated that he believes the website cost analysis prepared by City staff is inadequate. He presented the Council with his version of a cost analysis to compare. He asked the Council to consider the end user of the software before they make a change.

Rob Finklea and Sheryl Brown, Home Depot Representatives -- They let the Council know that Home Depot is willing to help in the community. They offered to help people who are not capable to labor themselves. He explained that house painting, summerizing/winterizing of air conditioning units; rain gutter clean out and yard maintenance are some of the services they have provided in the past. Mr. Finklea left information with the Council and staff of who to contact at Home Depot to make arrangements for their assistance.

J.P. Damron, 594 West 925 North -- Mr. Damron stated that the proposed independent living center proposed on the Frontage Road is the "right" project in the "wrong" area. He asked the Council if they are going to allow it to be built, to consider minimizing the project as much as possible to lessen the effect on the surrounding homes.

LeRoy Foltz, 648 West 1175 North -- Mr. Foltz feels that locating the independent living center in the proposed location would be a disservice to the residents in the living center. He stated that because the center is located off the main streets and bus routes it would be an inconvenience for the residents of the living center to use public transportation. Mr. Foltz also noted other concerns about congestion and noise in this area.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the March 4, 2003 Council meeting were reviewed and amended. Councilwoman Randall made a motion to approve the minutes as amended. The motion was seconded by Councilman Layton and passed by unanimous vote (5-0).

The minutes of the March 5, 2003 joint City Council/Planning Commission work session were reviewed. Councilman Gill made a motion to approve the minutes. The motion was seconded by Councilwoman Randall and passed by unanimous vote (5-0).

SUMMARY ACTION CALENDAR

Councilman Gold made a motion to approve items a-e on the Summary Action Calendar. The motion was seconded by Councilman Layton and passed by unanimous roll call vote (5-0). Approved was:

a. Resolution No. 2003-07 -- proclaiming March 29, 2003 as "Scouting for Food Day" in Centerville City.

b. Acceptance of public utility easements from Pheasantbrook Homeowners Association for additional fire protection.

c. Amendment of employment agreement with Steve Thacker for City Manager position.

d. Centerville City Safety Incentive Program.

e. Bid award to TurfEquipment and Irrigation in the amount of $12,978 for a Toro Workman utility vehicle for the Parks Department.

BID AWARDS (PUBLIC WORKS FACILITIES)

Mayor Deamer declared that he is general legal counsel for Kidston Engineering (one of the companies in the bid awards).

Staff reviewed the streets project list with the Council and responded to questions from the Council regarding budget funding. Fred Campbell, City Engineer, also addressed the Council regarding the bids. He stated that the bidding this year was very competitive and he is satisfied that the prices will reflect that.

Councilman Gold made a motion to approve items b-i on the Bid Award list. The motion was seconded by Councilman Gill and passed by unanimous roll-call vote (5-0). Approved was:

b. Bid award to Staker Paving in the amount of $519,110 for the 2003 Street Overlay and Rebuild Project.

c. Bid award to Asphalt Guard Inc. in the amount of $53,743 for the 2003 Slurry and Crack Seal Project.

d. Bid award to Nelson Contractors Inc. in the amount of $69,603.75 for the Park Hills Booster Station.

e. Bid award to ICG Electric in the amount of $23,800 for the Park Hills Booster Station Electrical.

f. Bid award to Bouchard in the amount of $75,989 for the Carrington Well Pump House Project.

g. Bid award to Kidston Engineering, Inc. in the amount of $19,770 for the Carrington Well Pump Building Electrical.

h. Bid award to Brinkerhoff Excavation in the amount of $60,323.50 for the Park Hills Booster Station waterlines and Carrington Well utilities.

i. Bid award to Hecco, Inc. in the total bid amount of $310,500 for the Public Works storage building, plus $10.00 per cy for additional structural fill.

DUNCAN HILL SUBDIVISION FINAL PLAT

The Council reviewed the final plat for the Duncan Hills Subdivision. Dale Anderson, agent for owners, responded to questions from the Council regarding boulder removal from the area. He agreed to make an effort to notify surrounding neighbors and limit the drilling and jack hammering to the hours of 9:00 a.m. to 5:00 p.m.

Councilman Gold made a motion to approve the final plat for the Duncan Hill Subdivision located at approximately 500 North 400 East with the condition that the developer will take care to minimize the noise when removing the boulders from the site. The motion was seconded by Councilwoman Randall and passed by unanimous roll-call vote (5-0).

HASSENFLU SENIOR INDEPENDENT LIVING CENTER -- DISCUSSION AND RECOMMENDATION ON DENSITY FOR HHSF ZONE

Aric Jensen, Community Development Director, explained that the Planning Commission forwarded this item on to the Council for their input because they could not find any guidelines for density recommendation in the HHSF Zone. Mr. Jensen stated that he now has had a chance to meet with the Assistant City Attorney who recommends that the Council refer this matter back to the Planning Commission for their further consideration.

Councilwoman Randall made a motion to refer the density matter for the Hassenflu Senior Independent Living Center to the Planning Commission for their recommendation. The motion was seconded by Councilman Gold and passed by unanimous roll-call vote (5-0).

AMENDMENTS TO CENTERVILLE MUNICIPAL CODE -- SECTION 13-30-3-11, PERTAINING TO DISCHARGE OF FIREARMS WITHIN CITY LIMITS -- ORDINANCE No. 2003-07

The Council reviewed the proposed ordinance pertaining to the discharging of firearms within city limits.

Councilman Gold made a motion to approve Ordinance No. 2003-07 amending the Centerville Municipal Code Section 13-30-3-11 pertaining to the discharge of firearms within city limits. The motion was seconded by Councilwoman Randall and passed by unanimous roll-call vote (5-0).

MAYOR’S REPORT

The Mayor and Council discussed possible guidelines to use when selecting people for the Centerville Hall of Fame.

The Mayor has selected Dave and Kim Madsen as Co-Chairpersons for the 2003 Garden Walk. The Mayor also reviewed individuals who have accepted the assignments as Garden Walk Committee members.

BAMBERGER STATION PUD SUBDIVISION

The Council addressed this item on the agenda for discussion purposes only because it is not yet ready for final approval.

Steve Thacker, City Manager, reviewed with the Council the Development Agreement and final plat for the Bamberger Station PUD Subdivision. He reminded the Council that the final plat approval is contingent on the City purchasing the Cedar Springs property. Mr. Thacker asked for the Council’s direction regarding the value of the southwest common area parcel (approximately .10 acres). The Council was somewhat undecided on the value of the land or even if the land should have a price attached to it until they could meet with the developer to hear her view on the matter.

Aric Jensen, Community Development Director, answered questions from the Council regarding drainage issues and sidewalk planning for the development.

HILLSIDE TRAILS

Steve Thacker, City Manager and Neal Worsley, Police Chief, reviewed the proposed ordinance enacting trail regulations and the Trail System Map with the Council and noted some language revisions. The Council was provided with a photographic map of the Hillside Area South, which showed the motorized and nonmotorized trail routes. The Council and staff discussed at length whether the ordinance, if adopted, would be effective in helping to preserve the areas that are being destroyed by riders who do not obey the posted trail markers. It was ultimately the decision of the Council that while this ordinance may not completely stop the problem, it does give the Police Department the means to ticket and fine the riders who are caught off the motorized trail areas. The Council expressed their determination to stop the marring of the mountainside even if it means prohibiting all motorized vehicles on the trail system. The Council also discussed the area of the trail system from Parrish Canyon north, but did not consider this area for the proposed ordinance because it is not in the City’s jurisdiction.

1. Enactment of Section 13-76-1300, 1302, Trail Regulations -- Ordinance No. 2003-08

Councilman Gold made a motion to approve Ordinance No. 2003-08 enacting Trail Regulations. The motion was seconded by Councilman Layton and passed by unanimous roll-call vote (5-0).

2. Adopt the Centerville City Trail Systems Map -- Resolution No. 2003-08

Councilman Gold made a motion to approve Resolution No. 2003-08 adopting the Centerville City Trail System Map – Hillside South. The motion was seconded by Councilman Gill and passed by unanimous roll-call vote (5-0).

WEBSITE SOFTWARE AND SERVICE

This item was continued from the work session prior to the City Council meeting. Councilwoman Randall questioned the recommendation process as she stated at the close of the work session. The Council, staff and Larry Smith, Website provider, discussed this issue at length.

Councilman Gill made a motion to enter into an agreement with StarGov, a division of Infobytes, for web services. The motion was seconded by Councilman Gold and passed by a (3-1) roll call vote with Councilmen Gill, Gold and Layton voting in favor, and Councilwoman Randall voting in opposition and Councilwoman Smith abstaining. Councilwoman Smith stated she abstained because she was not present at the work session meeting and did not take part in that discussion.

CEDAR SPRINGS HOMEOWNERS ASSOCIATION AGREEMENT

Mr. Thacker reported to the Council that he attended the Cedar Springs Homeowners (CSHA) Association meeting held earlier this evening. He reviewed the details of the vote for the sale of property to Centerville City. He added that while the vote passed with a majority, it is still unclear if it met the approval standard in the CSHA by-laws. This matter is being looked into. The Council discussed with staff and the Assistant City Attorney other alternatives should the vote not meet the majority requirements. The Council also discussed other density and open space issues with the Cedar Springs property. The Council determined action on this matter should be tabled until more information on the vote and other issues can be determined.

Councilwoman Randall made a motion to table this matter until additional information can be provided. The motion was seconded by Councilman Layton and passed by unanimous roll-call vote (5-0).

MISCELLANEOUS

1. Consider request from Davis County for $500 contribution for Cultural Facilities Master Plan Project

Councilman Gold made a motion to approve the $500 contribution for Cultural Facilities Master Plan Project out of the contingency budget, if necessary. The motion was seconded by Councilman Gill and passed by unanimous vote (5-0).

2. Landscaping City Hall grounds

The Council reviewed a cost estimate prepared by Bruce Cox, Parks Supervisor, for landscaping City property east of City Hall.

Councilman Gold made a motion to authorize City staff to seed all three sections of City property east of the City Hall Complex, at an estimated materials and equipment cost of $3,697 (labor will be by Parks employees). The motion was seconded by Councilwoman Randall and passed by unanimous vote (5-0).

The Council used the rest of the time to discuss other miscellaneous items, which included the April 2003 Newsletter review and ULCT conference registration.

At 10:50 p.m. the meeting was adjourned.

Marilyn Holje, City Recorder
Karrie Carlson, Recording Secretary