March 15, 2016

Minutes of the Centerville City Council meeting held Tuesday, March 15, 2016 at 7:00 p.m. at Centerville City Hall, 250 North Main Street, Centerville, Utah.


Mayor                           Paul A. Cutler

Council Members        Tamilyn Fillmore
William Ince (arrived at 7:07 p.m.)
Stephanie Ivie
George McEwan
Robyn Mecham

STAFF PRESENT        Steve Thacker, City Manager
Blaine Lutz, Finance Director/Assistant City Manager
Lisa Romney, City Attorney
Randy Randall, Public Works Director
Kevin Campbell, City Engineer
Paul Child, Police Chief
Jacob Smith, Assistant to the City Manager
Katie Rust, Recording Secretary

VISITORS            Bret Millburn, County Commissioner
Barry Burton, County Community & Economic Development Director
Tony Thompson, County Property Manager
Interested citizens (see attached sign-in sheet)

PLEDGE OF ALLEGIANCE    Colton James, BSA Troop 1389

PRAYER OR THOUGHT    Councilman McEwan


Mayor Cutler announced that Centerville City received the Water System Resource Efficiency Award at the annual conference of the Rural Water Association of Utah earlier this month.  Mayor Cutler presented a plaque to Public Works Director Randy Randall, and commended Mr. Randall and the Public Works Department for their efforts to increase and achieve energy efficiencies and monetary savings for the city.


Mark Gabriel – Mr. Gabriel expressed appreciation to the Mayor and Council.  He requested that the following be done to help the city fiscally and in other ways:

1)    A full audit of accountability of every aspect in every department from top to bottom.  He said he is not sure how long such an audit would take, but he expressed confidence that there is enough talent within the City Council to conduct a complex audit, or the Council could contract with an independent auditor.
2)    An evaluation and adjustment up or down of the remuneration for each City employee and position in relation to the National average for each position in cities the size of Centerville, or some other comparison, to get a realistic value for each position.
3)    An incentive program in the form of compensation designed and put in place to reward employees for ideas that cut costs and increase efficiency anywhere in the city.

Tracy James – Mr. James stated he purchased property and is building a home near the County-owned property on 100 South.  He stated that it would be great if the City could purchase the County-owned property, and expressed the hope that a way will be found to keep the property the way it is.

Jerem Pitt – Mr. Pitt stated he lives on 1750 North, one of the most beautiful streets in the city.  He said he believes it is so beautiful because of the unifying trees that line the street in the park strips.  Mr. Pitt said he knows the trees present some problems, and he knows the city is considering removing them, but he feels they provide charm, personality, and uniqueness to the street.  He encouraged the Council to not discard the idea of having trees line the streets.

Cindy Hintze – Ms. Hintze lives on 1825 North.  She echoed Mr. Pitt’s comments, adding that his comments also apply to her street.  She mentioned the beauty of the streets with mature trees around the State Capitol Building, and said she loves the trees on her street.  The trees are beautiful and provide shade to residents, lawns, and asphalt.   Ms. Hintze said she understands the trees cause problems with the sidewalks, but she loves the shade and the beauty.

Jennifer Beckstrand – Ms. Beckstrand said she lives on 1825 North.  She agreed that the sidewalks are unsightly, but said she thinks it would be a shame to get rid of the trees.  Ms. Beckstrand expressed a hope that it will be possible to find trees with root systems that would not cause problems for the sidewalk.

Larry Hintze – Mr. Hintze stated he lives on 1825 North.  He said he agrees with what has been said, but the fact is that trees destroy sidewalks and cause problems.  He said he would be in favor of trees that would not cause problems, but in a choice between the sidewalk and the trees, he would choose to remove the trees.


The minutes of the March 1, 2016 work session and regular Council meeting were reviewed.  Councilman McEwan made a motion to approve both sets of minutes.  Councilman Ince seconded the motion, which passed by unanimous vote (5-0).


a.    Interlocal Agreement with Davis County School District for School Resource Officer – Consider Resolution No. 2016-07
b.    Statewide Utility License Agreement between the Utah Department of Transportation and Centerville City for operating, constructing, and maintaining City utility lines and facilities within State highway rights-of-way
c.    Sidewalk Easement for Michael Graves Single Parcel Development at 425 East Chase Lane

Councilman Ince made a motion to approve all three items on the Summary Action Calendar, including Resolution No. 2016-07.  Councilwoman Mecham seconded the motion, which passed by unanimous vote (5-0).


Randy Randall, Public Works Director, briefed the Council on two major projects scheduled to go out to bid this spring – the reconstruction of 1825 North and the installation of a water main under I-15 at Chase Lane.  Mr. Randall explained that URMMA, the organization through which the city is insured, has insisted the city reduce liability from trip hazards.  The city has limited financial resources to devote to reducing the liability through street/sidewalk maintenance.  Several streets, including 1825 North, have been identified as high risk with tree roots affecting infrastructure.  Over time, it has become apparent that replacing raised sidewalk and gutter is not sufficient, because tree roots push up new sidewalk, shortening the lifespan and costing the City more money.  It is a battle between keeping the city looking beautiful with trees and maintaining infrastructure.  Mr. Randall explained that retaining walls are also a problem on some properties.  Mr. Randall named 1475 North east of Main Street as an example of trees set back 6-8 feet to provide shade and beauty, without causing problems for city infrastructure.

Staff intends to complete a coordinated infrastructure replacement plan by the end of the year.  Mr. Randall emphasized that trees are an important issue for the Public Works Department.  The tops of trees in park strips balloon out and affect both pedestrians and vehicles.  Mr. Randall agreed that 1825 North is a beautiful street, but the city cannot afford to have trees destroying infrastructure.

Mr. Randall explained the need to bore for a new I-15 water main at Chase Lane rather than use an existing pipe as previously discussed.  The new water main will be installed under I-15 and the railroad tracks and will provide capacity to serve growth in the west side business park.  Mr. Thacker stated that most of the project will be funded by what is left of the 2012 water revenue bond issue.

Mr. Randall showed an aerial photo of 1825 North, and explained the plan to replace pavement, curb and gutter, sidewalks, and remove some retaining walls between Main Street and 150 East.  Without a storm drain under this road, storm water has accelerated the deterioration of the gutter system.  In addition to tree removal, a storm drain should be installed to maximize the life of new pavement.  Mr. Randall explained that staff will meet with property owners when the project begins.  Funds have been budgeted to remove problematic retaining walls, but not for replacement.  Mayor Cutler said the concern he perceives from the City Council is the policy of removing mature trees without replacing them.  Mr. Randall responded that he feels the problem is city-wide enough that it should be looked at as policy.  He said he would like to provide trees for the property owners to plant in the proper place.

A certified arborist, with a Bachelor Degree in landscape management, has been hired as an intern to locate liabilities (i.e. hazardous sidewalks and adjacent trees) within rights-of-way throughout the city this summer.  The information will be compiled into a database.  Councilman McEwan said it is his understanding that once a city has been notified of a liability, a plan must be put in place for mitigation.  Mr. Thacker responded that, based on case law and the advice of URMMA, the city would be better off knowing, preparing a plan, and working toward solving the problem.  Ms. Romney described a recent case in Salt Lake City, and agreed that budgeting funds to limit liability needs to be a policy decision.  Councilman McEwan agreed that a risk management plan needs to be in place.  Mr. Randall stated he feels the city needs to hold public hearings and get citizen input regarding how to handle infrastructure as a whole.

Councilwoman Fillmore expressed appreciation for the concerns explained by Mr. Randall.  She emphasized that there needs to be a balance between preserving infrastructure and preserving trees.  Centerville is a Tree City USA.  Councilwoman Fillmore pointed out that the standards for remaining a Tree City USA should be considered.  Councilwoman Fillmore presented research on the value of trees, and suggested putting together a citizen tree board.

Kevin Campbell, City Engineer, explained the 1825 North project will be bid during the second week of April, and will include removal of trees.  Tree replacement, if desired, could be handled with a separate bid.  He pointed out that the standard 4-foot wide park strip is not typically wide enough for trees.  The Mayor pointed out that the Council will meet with the Planning Commission in a work session next week, and asked if staff could have a recommendation put together in time for the work session.  Mr. Thacker responded that the Planning Commission and Council could discuss whether such a process is a priority.  Mayor Cutler said he feels trees add value and beauty to the city, and that any plans should encourage the planting of trees in appropriate locations.  Councilman McEwan said he feels it is an education issue.  The Council should let the citizens know the issues and economic costs associated with the decision to avoid appearing heavy handed.  Mr. Randall agreed that education is important.


County Commissioner Bret Millburn introduced Barry Burton, Director of Community and Economic Development, and Tony Thompson, County Property Manager.  He gave a history of the County-owned property on 100 South, beginning with the County purchase of the property from Centerville City in 1984 for $102,000 for use as a debris basin.  In April 1997 the County and City reached an agreement for the City to lease a portion of the property as park space, which was renewed in two-year increments until 2008.  In September 2008, a portion of the property was sold to Dale Engberson to extend his adjoining property.  In 2011, with completion of the debris basin farther up the canyon, 200 homes were taken out of the FEMA flood zone.  The County has now determined the property is no longer needed for flood control based on the debris basin completed in 2011.  Commissioner Millburn stated a notice of termination was sent to the City, and an appraisal obtained.  In March 2015, the as-is appraised value of the property was $440,000.  The County declared the property as surplus on March 8, 2016.  Mr. Thompson explained options for the property considered by the County.  It is the County’s intention to maintain an easement for stream access.  Commissioner Millburn emphasized that the County has carefully considered the property, and he looks forward to working with the city for the best possible outcome.

Councilwoman Ivie asked what the as-is appraisal assumes.  Commissioner Millburn responded that the purchaser would be responsible to work with the city and improve the property as needed to use it.  The property is currently in a Public Facility Zone.  The Master Plan shows an eventual Residential-Low Zone.  Mr. Thompson stated the appraisal assumes Residential-Low density.  Commissioner Millburn said the County has not discussed specific details of the proposed easement for the channel and basin.  He informed the City that the flood control structure on the property was last inspected by the State in 2003, and is no longer recognized as a detention structure.  Mr. Thacker mentioned that the County Public Works Director has estimated sediment would probably only need to be removed every 10 years or so.  Commissioner Millburn agreed that an easement makes sense.  Councilwoman Fillmore said it seems that settling easement matters would come prior to sale of the property.  Commissioner Millburn responded the easement would not be more than 10-15 feet, with maybe 30 feet in the basin area.

Councilman McEwan made a motion to acknowledge termination of the lease agreement, and state the intention to continue to work with the County regarding the easement, but not exercise the right to purchase the property at this time.  Councilman Ince seconded the motion.  Mayor Cutler agreed that it is a beautiful property, but responding to the suggestion that the City purchase the property, he expressed the concern that City funds would be better spent investing in other park needs.  He commented that the city owns property at the top of 100 South, and could possibly work with the County for a larger, more open park space at that location.  Commissioner Millburn responded there could be an opportunity for the County to develop something with the City at the top of 100 South.  Councilwoman Fillmore stated the Parks and Recreation Committee should be consulted if the Council considers purchasing the property for park space.  She shared comments from the Parks and Recreation Committee regarding the possibility, including the idea that, if purchased by the City, it should become something unique for the benefit of all citizens.  She mentioned that the neighboring property owners have expressed a desire for the property to remain as it is and so a city-wide use may not be what they desire.  Councilman Ince agreed with recognizing termination of the lease, but said he would like to see the process move slower.  He mentioned the need for more cemetery space in the city.  Councilman McEwan responded he feels the Council has an obligation to provide maximum value to the citizens for money spent.  He said this property, in his opinion, would not provide maximum value for all citizens.

Councilwoman Mecham said she has many questions to have answered before feeling comfortable declining to purchase the property.  Commissioner Millburn stated the City Council was given notice regarding the property in October 2014.  The Council did not take action on the issue at that time.  Councilman McEwan withdrew his motion.  Commissioner Millburn and Mr. Thompson indicated they are willing to wait 60 days for the Council to consider and make a final decision.  Mr. Thompson said the sale will be posted on the property, and in the newspaper, with a courtesy notice sent to the city.  He said they may explore other options, but will not list the property through a real estate brokerage.

Mayor Cutler allowed Centerville citizen Lee Skabelund to comment.  Mr. Skabelund stated that Community Development Director Cory Snyder said at a previous meeting it is illegal to appraise a property for anything but the current zoned use.  He said it is his understanding that no evidence has been produced to prove the original purchase payment was made.  He stated the 2011 debris basin will not collect water; the water will continue down the stream bed, collecting more debris.  He mentioned the findings of a hydrologist report, and stated the property is a sediment basin – a public land that can never be replaced when lost.  Mr. Skabelund expressed frustration with the apparent determination to build on any vacant property no matter the size and shape.

Commissioner Ince asked about the professional reports that seem to show conflicting opinions.  Mr. Thompson responded that the proposed easement would be to maintain the existing structure.  The County would maintain the structure and spillway.  All building permits would be examined to ensure the stream will continue to flow as intended.  The appraisal was obtained through a licensed third party.  Mr. Thompson said he is not aware of any issues with the appraisal.  Commissioner Millburn pointed out the County could take the stance that no easement is needed, and remove the existing structure.  However, the County is willing to maintain an easement and clean out the sediment every 10 years or so.  He stated that experts can be found on all sides of any given issue.  The role of elected officials is to take the information and try to make the best decision possible.  Councilwoman Ivie asked for clarification regarding the parameters of the appraisal.  Commissioner Millburn stated he will provide a copy of the appraisal to the Council.  Mayor Cutler said it seems appropriate to request a formal recommendation from the City Public Works Department regarding the easement.  Councilman McEwan added it would be beneficial to have calculations regarding usable green space from the Planning Commission in the next 60 days.  Commissioner Millburn expressed appreciation for the open communication with the Council.  As a citizen of Centerville, he expressed appreciation for the thought and analysis given by the Council when making decisions.  He added he does not think the City purchasing the subject property would be the best use of tax dollars.  Responding to a question from the audience, Commissioner Millburn stated the Sons of Utah Pioneers monument on the property would be preserved.

The Council took a break from 9:04 p.m. to 9:15 p.m.


Phil and Mary Walters, Co-chairs for this year’s 4th of July parade, have proposed extending the parade route half a mile by beginning the parade near 1450 North Main Street rather than at Chase Lane.  Mr. Walters stated he has already obtained permission to use the two church parking lots at 1450 North to stage the parade.  Mr. Thacker reported that Police Chief Child evaluated the proposal and stated the extension would require more personnel, but would allow Chase Lane to remain open until the parade begins, and allow better east/west access for vehicles.  Mr. Walters commented that the City’s population has grown significantly over the last 20 years, and additional viewing space would remove some of the stress associated with the parade.  Mayor Cutler stated he feels it is worth trying.  Councilwoman Ivie said she is concerned with how the length of the parade would affect the enthusiasm of the participants.  She said if the parade is too long, the hometown feel would be lost with groups riding rather than performing in the street.  Mr. Walters responded he has spoken with some of the groups that usually participate and has not received any negative feedback.  Councilman Ince said it was his perception that not many people were sitting at the end of the parade last year, and suggested it would make sense to begin the parade at 1450 North and end the parade at Centerville Junior High School instead of Pages Lane.  Councilwoman Ivie responded that a lot of citizens sit around the corner at Pages Lane.  Mayor Cutler added that a lot of space is needed to facilitate the end of the parade.  More space is available at Pages Lane than at the Junior High.  The Council discussed the Walters’ proposal.  Councilwoman Ivie said she believes there are plenty of spaces available to watch the parade; the issue is one of education – letting the citizens know that more space is available at the south end. Councilwoman Fillmore stated she would be comfortable leaving the decision and details to the parade Chairs, and said she could support experimenting with the length this year.  She asked how the length of the Centerville parade compares to other small-town parades.  Mr. Walters stated the extended parade length would be two miles.  Ms. Walter commented they are considering moving some of the announcing stands to the west side of Main Street to open more seating on the east side.  Councilwoman Ivie suggested the Walters consider a set playlist for the announcing booths, to ensure appropriate music.  The Walters agreed to consider the suggestion.  The Mayor and Council thanked the Walters for all they are doing.


Mayor Cutler reported that ACE has been slow in responding to the City regarding contract negotiation.  Councilman McEwan stated the slowness has emphasized for him the need to go out to bid.  He suggested the Council issue an RFP without including recycling, since the City’s recycling has ended up at the landfill lately with recycling centers not accepting deliveries.  Councilman Ince commented that two residents have asked him for a report of how effective the City’s recycling has been.  Mayor Cutler said he believes the current difficulties with the recycling industry are a short-term problem.  Councilman McEwan stated the city should not require residents to pay for a service they are not getting, and added he is not confident it is a short-term problem.  Councilwoman Fillmore suggested that, considering the time restraint, the Council renew with ACE for a shorter period of time and continue to do research before making the decision to completely discontinue recycling.  Councilman McEwan referred to former Councilman Higginson’s report, as the City’s liaison to the Waste Management District, that the recycling industry will not rebound for another 2-3 years.  Councilman McEwan stated he believes recycling is a good thing, but at this point he feels a huge amount of effort by citizens to recycle is being wasted.  He said he would consider adding recycling back when the industry rebounds.

Councilman McEwan made a motion instructing staff to create a RFP with Schedule A including garbage, green waste, and recycling, and Schedule B including garbage and green waste, without recycling.  Councilwoman Ivie seconded the motion.  The Council discussed the possibility to negotiate with ACE versus the RFP, and Ms. Romney stated it is important for the City to go out to bid in good faith.  Mr. Thacker suggested establishing April 5th as a deadline for negotiating with ACE.  Mayor Cutler stated the Council needs to let the public know if recycling is going to be discontinued.  Councilwoman Fillmore repeated that she would appreciate solid information regarding how often recycling is diverted to the landfill, and the measurable positive outcomes of the recycling program.


The prior City Council authorized preparation of a conceptual plan for improvements on the corners of the 1250 West/Parrish Lane intersection, including a trailhead on the southwest corner. The next step includes taking the concept plan to the “design development” level so that a cost-sharing agreement can be negotiated with Maverik for construction of the trailhead improvements.  It is estimated the total cost for improvements on the southwest corner will be $60,000, with a 50/50 cost-sharing arrangement with Maverik.  If approved, the landscape architect will meet with City staff and a Maverik representative to work out the details.  The proposed contract also allows for hourly consultation regarding the welcome-to-Centerville sign on the southeast corner.

Councilwoman Fillmore made a motion to approve the contract for design development for the southwest corner of the 1250 West/Parrish Lane intersection, and on an hourly basis for the southeast corner, conditioned on RDA approval of funding.  Councilwoman Ivie seconded the motion.  Councilman McEwan stated he would prefer a capped sum for the hourly billing.  Mr. Thacker suggested the RDA place a $500 cap on the design work for the southeast corner sign.  The motion passed by majority vote (4-1), with Councilman Ince dissenting.


A financial report for the period ending February 29, 2016 was included in the meeting documents.  Mr. Thacker explained portions of the financial report, and answered questions from the Council.


•    Mayor Cutler reported that the West Valley officials indicated to him that West Valley City has no intention of approving the location discussed by Mr. Dix at the previous Council meeting for his reptiles.
•    The Mayor reported that the Centerville Youth Council won the Utah State Youth Council Competition.
•    Mayor Cutler presented graphs reflecting recurring combined UTOPIA and UIA revenue.  Councilman McEwan requested a numerical summary including losses be included with future UTOPIA reports.
•    The Centerville Community Foundation has identified as an opportunity for contributions to the Community Foundation.  A percentage (0.5%) of all purchases through AmazonSmile are sent to the designated charitable organization.  A link is included on the City website.  Ms. Romney cautioned the Council regarding specific advertising restrictions.
•    An interfaith production of “Lamb of God” will occur on March 19th at the Regional Center.
•    Mayor Cutler said he attended a Bountiful City work session regarding RAP Tax allocation.  He suggested Centerville may want to consider a structured process for allocation similar to Bountiful.  Bountiful officials suggested a willingness to commit a portion of RAP Tax revenues to CenterPoint Legacy Theatre for continued maintenance.


Councilman Ince showed images of a proposed exterior wrap for the Centerville CERT trailer, and accepted suggestions from the Council.  Neighborhood network training will occur on Thursday, March 24th.  The Utah Great Shakeout drill will occur on April 21st, with a city-wide drill on Saturday, April 23rd.


•    City Manager Thacker requested Council member goals by Wednesday, March 16th at noon.
•    Mr. Thacker reported that UDOT has not yet approved a portion of the fencing for the Parrish Lane pedestrian bridge.
•    City Attorney Romney reported on staff research regarding the reptile house on Applewood Drive.  She recommended drafting correspondence to the DWR requesting a review of the current COR at the present location.  She also recommended the City amend the Animal Control section of Title 7, repealing the language that permits wild animals with a permit from the DWR.  Mr. Thacker stated the Animal Control aspect should be done as soon as possible.  Councilman Ince suggested the Council send a letter suggesting the DWR help Mr. Dix find accommodations for the reptiles, considering the value of the services provided by Mr. Dix as expressed by the DWR representative.  Councilman McEwan said that any amount over a certain number of animals in a residential area constitutes a commercial breeding operation or a farm.  He agreed to send Ms. Romney related information.


•    Registration for the ULCT 2016 Mid-Year Conference in St. George should be submitted to the City Recorder.
•    The Council discussed video-streaming other City meetings that occur in the Council Chambers.  Councilwoman Ivie made a motion to adopt the policy that City Council and Planning Commission meetings held at the dais will be video-streamed.  Councilman Ince seconded the motion, which passed by unanimous vote (5-0).


Referring to the comment made by Mr. Gabriel during the Open Session, Mr. Thacker reminded the Council that each department head has a pool of money to use for incentives or bonuses every year, which he feels is more effective than incentives limited to rewarding cost savings.  He said the suggestion to compare employee compensation Nation-wide does not apply – the comparison should be to the job market in which Centerville competes.  Mr. Thacker briefly explained the midpoint comparison used by the City.  Regarding the suggested accountability audit, Mr. Thacker stated the City could not afford something as extensive as was suggested.  He suggested specific concerns could be identified and focused on with an audit if desired by the Council.  Councilman Ince stated that based on what he has learned since taking office, he does not see a need to pursue Mr. Gabriel’s recommendations, and he is willing to express such to him.


Mayor Cutler recommended the Council appoint Paul Smith to serve another term on the Whitaker Museum Board, and former-Mayor Michael Deamer to serve on the Community Foundation Board.  Councilwoman Mecham made a motion to appoint Paul Smith to an additional term on the Whitaker Museum Board, and appoint Michael Deamer to the Community Foundation Board.  Councilman Ince seconded the motion, which passed by unanimous vote (5-0).


At 10:53 p.m. Councilman McEwan made a motion to adjourn to an RDA meeting.  Councilman Ince seconded the motion, which passed by unanimous vote (5-0).

____________________________        __04-05-2016______
Marsha L. Morrow, City Recorder           Date Approved

Katie Rust, Recording Secretary