August 16, 2016

Minutes of the Centerville City Council meeting held Tuesday, August 16, 2016 at 7:00 p.m. at Centerville City Hall, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT
Mayor                       Paul A. Cutler

Council Members        Tamilyn Fillmore
William Ince
Stephanie Ivie
George McEwan
Robyn Mecham

STAFF PRESENT
Steve Thacker, City Manager
Lisa Romney, City Attorney
Jacob Smith, Assistant to the City Manager
Bruce Cox, Parks and Recreation Director
Cory Snyder, Community Development Director
Kathy Streadbeck, Recording Secretary

VISITORS 
Interested Citizens

PLEDGE OF ALLEGIANCE

PRAYER OR THOUGHT    Steve Thacker

OPEN SESSION

John Marsh, Bountiful resident, said he attended Centerville City’s 4th of July Parade and he was shocked and appalled that the Jeep Posse was proudly flying a confederate flag. He said this is grossly inappropriate and wanted to make sure the City Council was aware that this is not acceptable.

Mayor Cutler said the City is aware and does not condone this behavior and agrees it was inappropriate. He said when the parade entrant was verified the confederate flag was not part of the submittal. The flag was added after review and without permission. He said the entrant has been prohibited from participating in next year’s parade.

REPORT – 4th of July Celebration Report - 4th of July Committee Co-Chairs

Kris and Steve Green, 4th of July Committee Co-Chairs, shared their report of the 2016 4th of July Celebration and responded to questions from the Council. This year’s activities carried on traditional events, added some new innovations, and enjoyed favorable financial results. Mr. and Mrs. Green thanked all committee members who helped with this year’s celebration, shared a financial summary, reviewed events and successes, and provided recommendations for next year.

The Council discussed ideas to increase the amount of floats and bands in the parade and discussed costs for band participation. Council members said they would like to see more of both in future parades.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the July 19, 2016 work session were reviewed and amended. Councilman McEwan made a motion to approve the minutes as amended. The motion was seconded by Councilwoman Ivie and passed by unanimous vote (5-0).

The minutes of the August 2, 2016 Centerville City work session were reviewed. Councilman McEwan made a motion to approve the minutes as written. The motion was seconded by Councilwoman Ivie and passed by unanimous vote (5-0).

The minutes of the August 2, 2016 Centerville City meeting were reviewed and amended. Councilman Ince made a motion to approve the minutes as amended. The motion was seconded by Councilwoman Fillmore and passed by unanimous vote (5-0).

SUMMARY ACTION CALENDAR
a.    Approve Facilities Use Agreements for use of City sports fields
1)    Ute Conference, Inc. (youth football league)
2)    Ascent Futbol Club (BOCA)
3)    South Davis Soccer Association dba FORZA
b.    Terminate warranty period for Pastures Phase 1
c.    Approve purchase of a Kubota (Ventrac) multi-use tractor and accessories from RMT Equipment in the amount of $29,216.00

Bruce Cox, Parks and Recreation Director, discussed how the fields are scheduled and explained that all fields are open to all on a first come first serve basis when not reserved for games. He said he has been working with South Davis Recreation in allowing them to use Centerville’s fields in coming soccer seasons. Councilman McEwan requested staff continue to work with South Davis Recreation.
Councilwoman Ivie made a motion to approve items a, b, and c on the Summary Action Calendar. The motion was seconded by Councilwoman Fillmore and passed by unanimous vote (5-0).

PUBLIC HEARING - TRANSFER OF REAL PROPERTY TO SOUTH DAVIS METRO FIRE SERVICE AREA - FIRE STATION NO. 83 - Consider transfer of approximately 0.74 acres of real property for Fire Station No. 83 located at 125 South Main Street to the South Davis Metro Fire Service Area - Parcel Nos. 02-102-0012 and 02-102-0013

Lisa Romney, City Attorney, explained the agreements that have been made with numerous entities to create the South Davis Metro Fire Service Area (SDMFSA). As part of the creation of the SDMFSA, Centerville City has entered into an Interlocal Agreement with SDMFSA and the other entities for the provision of fire suppression and emergency medical services. In accordance with Section 12 of the Interlocal Agreement, Centerville City is obligated to transfer ownership of the land owned by Centerville City for Fire Station No. 83 to SDMFSA no later than September 1, 2016.  This obligation of the City to transfer ownership of the land for Fire Station No. 83 is consistent with the current obligation of the City to transfer such land under the existing Lease Agreement entered into by the City and the South Davis Metro Fire Agency. Section 7 of the Lease Agreement provides that the City will transfer all right, title and interest in the real property improvements for Fire Station No. 83 to the successor special district of the South Davis Metro Fire Agency within 60 days of commencement of operations as a special district. Based on these prior arrangements and contractual obligations staff recommends approval.

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

Councilwoman Ivie asked if there is any possibility of this property becoming surplus in the future and questioned if there is a way to allow Centerville first right to the property in such a situation.

Jeff Bassett, Fire Chief, said it not likely that Fire Station No. 83 will ever move or become irrelevant. He said they have already prepared plans to remodel this station in the near future. He said Centerville is narrow and this is a good central location. He said their response times are appropriate for the city from this location. He said the only option for a greater facility would be to move west where there is open land, but response times would be unacceptable from the west side of I-15.

Ms. Romney said she chose not to include a reversionary clause because it seemed unlikely and to maintain clarity of all the documents and agreements involved. In addition, all proceeds from the reversal would have to be used for fire agency purposes. However, she said a reversionary clause could be added to the agreements if the Council feels it is necessary.

Councilman McEwan made a motion to approve the transfer of approximately 0.74 acres of real property for Fire Station No. 83 located at 125 South Main Street to the South Davis Metro Fire Service Area and authorize Mayor Cutler to sign and execute a special warranty deed transferring the land; Parcel Nos. 02-102-0012 and 02-102-0013. The motion was seconded by Councilman Ince which passed by unanimous vote (5-0).

PUBLIC HEARING - GENERAL PLAN AMENDMENTS - WEST CENTERVILLE NEIGHBORHOOD PLAN - REMOVING INDUSTRIAL VERY-HIGH ZONING DISTRICT - SECTION 12-480-6 - Consider General Plan Amendments regarding Section 12-480-6, West Centerville Neighborhood Plan, Goal 1, Objective 1.I., removing the I-VH (Industrial Very-High) Zoning District from the extreme southeast area of the Centerville Business Park District - Ordinance No. 2016-23

Cory Snyder, Community Development Director, reported the Planning Commission and City Council have been concerned with uses allowed within the Industrial-Very High (I-VH) Zone not being in harmony with the future of the West Centerville Neighborhood and set a goal to revisit the West Neighborhood Plan. The Commission has recommended approval of a General Plan Amendment to eliminate I-VH from the West Centerville Neighborhood. Mr. Snyder explained this is only step one of the process. Step two would include a Zone Map amendment. The Commission was only comfortable approving the General Plan amendment. They were not comfortable amending the zoning map until a better plan for the future is established. The General Plan is a policy not an ordinance and eliminating the I-VH Zone from the General Plan simply shows a desire for future planning; it does not set a zoning map regulation. Mr. Snyder provided the history of the I-VH Zone and how it was amended in 2008 to allow Syro Steel to continue their use in a way that would eliminate some of the concerns related to their manufacturing process. In addition, the 2008 amendments provided for commercial uses and brought about the current mixture of uses on the west side, thus changing the essence of the neighborhood. He said it is now the Council’s job to review the proposed General Plan amendment and decide if the Commission should move forward with a Zone Map amendment.

Mr. Snyder reviewed the few current uses located within the I-VH Zone. He said to his knowledge and according to the definition of an I-VH use, none of the businesses are actually performing an I-VH operation at this time. He said Syro Steel has currently put their manufacturing processes on hold and are only warehousing products. However, this does not mean they won’t restart their manufacturing processes in the future. He explained a General Plan amendment will not render any of these uses nonconforming, that would come with the Zone Map amendment.

Mayor Cutler opened the public hearing.

Bob Mason, Masco Property, said he is one of those businesses owners located in the I-VH Zone. He said he started his business in east Centerville in the 1970’s but was later pushed to the west side due to a City rezone. He agreed the future of West Centerville does not include industrial uses but said he does not want his ability to do business limited. He said there is no plan or vision for the future of this area and he believes it is premature for the City to make changes until that plan is established. He said if there is no vision then the zone should be left alone. He said the market should dictate the change, not the City. He said Syro Steel may only be warehousing at this time but if a change in use is on the horizon it may push them to restart their manufacturing processes in order to maintain their rights. He said he is okay with a General Plan amendment but is strongly opposed to a Zone Map amendment. He said he has been told the Zone Map amendment will not happen, but he is skeptical. He believes the whole process would be better received if a full plan was established. He said a zone change will only limit property rights. He said once a plan is established then the City could look for a developer that is interested which in turn would bring about the zoning change. He said the City is trying to make a change in hopes of a new vision, which he believes is not the best approach.

John Marsh, Bountiful resident, discussed air quality issues with regard to industrial uses. He said citizens rely on the permit and zoning process to ensure air quality. He said he is not in favor of high industrial uses within city boundaries.

Seeing no one else wishing to comment, Mayor Cutler closed the public hearing.

Lisa Romney, City Attorney, read the definition for Industrial-High and Industrial Very-High and reviewed both the permitted and conditional uses in each zone. She explained the General Plan is a visionary document and will not change the zoning designation. This means those uses that currently exists within the I-VH Zone can continue within a conforming status with a General Plan amendment. If and when a Zone Map amendment is completed, then the I-VH uses would become nonconforming, thus changing the right.

Councilwoman Fillmore said this General Plan amendment will provide a vision for future ordinances. She said considering the neighbors in the West Neighborhood area and concerns that have been voiced with regard to density, industrial uses, and possible residential expansion this seems like an easy first step.

Councilwoman Fillmore made a motion to approve Ordinance No. 2016-23 amending the General Plan to eliminate the I-VH Zone. The motion died for lack of a second.

Councilman Ince said he is not sure how he feels about this amendment and he would like some more time to research the issue and call the effected property owners. He said it seems dramatically unfair to ask these long standing current businesses to move out. He said he is uncomfortable with the idea of taking away their current rights and he is not ready to vote on this issue.

Councilwoman Ivies said some residents have stated they would rather have Syro Steel than more high-density housing in this area. She agreed more research is warranted.

Councilman McEwan said the City must be conscientious of those already in the community. He said this feels like encroachment on current businesses. He said he would like to see a planning processes that provides a cohesive direction for all of Centerville, not just north Centerville, south Centerville, or West Centerville.

Mayor Cutler said, it is his opinion, the City Council is responsible to set a vision and establish that vision in the General Plan. He believes it is appropriate to set a long-term goal within the General Plan that there should be a different direction for the West Neighborhood. He agreed there are challenges on how to proceed but believes the General Plan is a good place to start. He agreed I-VH uses are not envisioned for the future of West Centerville. He also agreed that holding off on a Zone Map amendment at this time is appropriate.

Councilwoman Fillmore said the City Council set a goal to look at the West Centerville Neighborhood. She too agreed that a Zone Map amendment does not need to be immediate, but that the General Plan amendment is acceptable.

Councilman Ince made a motion to table this item until the September 20, 2016 City Council meeting to allow time for further research and discussion. The motion was seconded by Councilman McEwan and passed by unanimous roll-call vote (5-0).

MAYOR'S REPORT

Mayor Cutler used this time to update the City Council on several items including the South Davis Metro Fire Service Area, the Tour of Utah Stage 5, and the UTOPIA/UIA financial reports.

CITY COUNCIL LIAISON REPORT – Councilwoman Ivie liaison report of the Landmarks Commission and the Whitaker Museum Board

Councilwoman Ivie used this time to update the Council on recent meetings and activities of the Landmarks Commission and the Whitaker Museum Board.

CITY MANAGER'S REPORT

Steve Thacker, City Manager, used this time to schedule a work session for the Planning Commission and the City Council to be held on September 7, 2016 at 7:00 p.m. to discuss the South Main Street Public Space Plan. The Council directed staff to contact (via two forms) all property and business owners that are within the City Center and Traditional Districts. Mr. Thacker informed the Council that staff will be meeting with UDOT this week to participate in a brainstorming session about the Parrish Lane Interchange. Mr. Thacker said he would discuss the Operational Metrics at a future meeting.

MISCELLANEOUS BUSINESS

Mayor Cutler encouraged Council members to register and attend the upcoming Utah League of Cities and Towns convention. He also asked the Council to consider a full 2% merit increase for the City Manager as discussed at a previous meeting.

Councilman Ince made a motion to approve a full 2% merit increase for Steve Thacker, City Manager, retroactive to July 3, 2016. The motion was seconded by Councilwoman Fillmore and passed by unanimous vote (5-0).

Steve Thacker, City Manager, requested the Council authorize additional crack seal work for parking lots and asphalt trails. He explained the crack seal is a prudent and timely action in advance of slurry seal next year. He explained the cost and funding mechanisms for the work.

Councilman McEwan made a motion to authorize the expenditure of no more than $15,000 for crack seal work as discussed to be funded from the RAP Tax Fund and General Fund Contingency budget as appropriate. The motion was seconded by Councilwoman Ivie and passed by unanimous vote (5-0).

Councilwoman Fillmore said she has heard from those who have tried to listen to the recordings of past meetings and has found it to be difficult because of problems with the audio system and equipment. She suggested the Council look at options to replace the audio system in Council Chambers. Mayor Cutler agreed and requested the IT Steering Committee look at options and estimate costs for a new audio system. A majority of the Council agreed.

CLOSED MEETING & ADJOURNMENT

At 9:47 p.m., Councilman McEwan made a motion to adjourn the regular Council meeting and go into a closed meeting with a specific purpose to discuss the character and competency of individuals. The motion was seconded by Councilman Ince and passed by unanimous vote (5-0).

At 9:50 p.m. The City Council held a closed meeting for reasons allowed by state law, including, but not limited to, the provisions of Section 52-4-205 of the Utah Open and Public Meetings Act, and for attorney-client matters that are privileged pursuant to Utah Code Ann. § 78B-1-137, as amended. Those present included Paul A. Cutler, Mayor; Council members Fillmore, Ince, Ivie, McEwan, and Mecham; and Lisa Romney, City Attorney.

The meeting was adjourned at 9:50 p.m.

___________________________            __________________
Marsha Morrow, City Recorder                 Date Approved

___________________________________
Kathleen Streadbeck, Recording Secretary

August 16, 2016 work session

Minutes of the Centerville City Council work session held Tuesday, August 16, 2016 at 5:30 p.m. at Centerville City Hall, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT
Mayor                       Paul A. Cutler

Council Members        Tamilyn Fillmore
William Ince
Stephanie Ivie
George McEwan
Robyn Mecham

STAFF PRESENT
Steve Thacker, City Manager
Lisa Romney, City Attorney
Jacob Smith, Assistant to the City Manager
Randy Randall, Public Works Director
Kevin Campbell, City Engineer
Mackenzie Wood, Management Intern
Kathy Streadbeck, Recording Secretary

COMPREHENSIVE SIDEWALK ANALYSIS

Mackenzie Wood, Management Intern, presented the results of her comprehensive inventory and analysis of all Centerville City sidewalks. Ms. Wood explained the process she used to inventory all the sidewalks within the city. She shared the data collected including miles of sidewalk, observations, vertical faults, ADA ramps, and trees within the park strip and within the 7-foot public utility easement. She reviewed the technology applications she used to compile the data and prepare summaries. She reviewed the vertical faults or trip hazards across Centerville. She categorized these according to height from 3/8” to over 3” and shared pictures of what a typical sidewalk fault looks like. She said there are only eight (8) faults over 3 inches but there are 419 faults between 1-3 inches. These 427 faults over one inch are considered “major faults” There are 7,622 faults under one inch—these are referred to as “minor faults.” She reviewed the cost estimate for repairing/grinding or removing/replacing all fault hazards. She explained each of the major faults were evaluated on a site-by-site basis but the minor faults were calculated on a square-footage basis. The total cost to repair all sidewalk faults, both minor and major, across the city, including extreme spalling/cracking, is estimated at a total of approximately $553,000. This does not include, however, the cost of removing trees.

Ms. Wood reviewed the number of curb ramps and the number of ADA compliant curb ramps. She explained curb ramps are already repaired or replaced as part of the street repair program. She reviewed the clustering of sidewalk faults with relation to trees planted within the park strip and the 7-foot utility easement. She said there are many factors that could contribute to fault clusters including, age of neighborhood, age of trees, type of trees, caliper of trees, construction timing, etc. She collected data regarding the number of trees, hedges, and shrubs within the park strips and within the 7-foot utility easement. She counted all tree obstructions and shrubs or hedges over 2 feet tall which could be interpreted as a pedestrian interference, a traffic obstruction, or a sight triangle violation. She reviewed cost estimates for tree and stump removal for those trees associated with sidewalk faults. She also reviewed recommended corrective actions including painting (already completed), tree removal, grinding, and full replacement. In addition, she mentioned the need to establish criteria for fault repair/replacement and the need to discuss what may be allowed within the park strip and 7-foot utility easement in the future.

Council members were impressed with the amount of data that has been collected and commended Ms. Wood for her work. The Council raised several questions including policy changes, division of costs, purchasing a grinder, and liability. Councilwoman Fillmore said it is interesting that the majority of minor sidewalk faults are not related to trees. She would like to study options for preserving trees. She said tree removal may not be necessary in all circumstances. She does not want to see tree removal become the go to solution for sidewalk faults. She believes there are some types of trees that could be appropriate in the park strip and utility easement; perhaps smaller caliper trees with non-obstructive canopies.

Kevin Campbell, City Engineer, said when contracting for sidewalk repairs it is often more cost effective to include many repairs and greater square footage then less. He said a priority plan for repairs is the best approach to deal with these faults in a timely manner. He said UDOT has created a one-page policy standard for sidewalk repairs that the City may find useful when creating their own policy. He also discussed the importance of ADA ramp compliance. He said Scott Zeidler, State Arborist, recently presented to the Council (see City Council meeting minutes from April 19, 2016) that in order for a tree to thrive it really needs 8 feet. Mr. Campbell said it would be best to prohibit future trees within the 4-foot park strip or increase the park strip minimum width to 8 feet.

Lisa Romney, City Attorney, discussed risk assessment and liability. She said now that the City has collected this data it is important to prepare a plan for repairs and/or replacement. She said the major faults should be repaired immediately and a priority plan created for the remaining issues. She said an ongoing legislative policy should also be created to deal with future issues and costs, perhaps on an annual basis. She said if the City is proactive in finding and repairing sidewalk issues, then the Courts will likely look more favorably on the City if an issue were to arise. She said the City has a duty to reasonably maintain its sidewalks.

Steve Thacker, City Manager, said it would be beneficial for the City to look at all options for repairs including purchasing grinding equipment. He said it may not be necessary to grind all faults under 1/2-inch, which would reduce costs. He said the next step is to immediately repair/replace all major faults over 3”, then prepare a plan for repairing the remaining issues at hand, and finally completing a policy to deal with future faults, including standards for park strip and utility easement allowances, i.e., trees, vegetation, and park strip widths. He said the City’s goal is to provide safety for its citizens as well as avoid liability. Mr. Thacker asked the Council how they would like to proceed with the repair of the major faults. He explained several of these major faults are due to trees that are in the park strip or utility easement. He said tree removal is sensitive for property owners and there is always the cost of removal that may be shared or not.

Randy Randall, Public Works Director, explained that the faults that are not fixed will continue to grow. He agreed an ongoing policy is necessary to deal with continuing issues. He explained faults are due to a number of issues including trees, settling, run-off, trenching, etc. He suggested the major faults over 3 inches should be immediately repaired on a case-by-case basis as each property owner may have unique circumstances. He also discussed how tree roots are damaging to utilities and brought some roots that have been dug up showing how they have grown around utility lines.

Mayor Cutler agreed that each property owner associated with a current major fault over 3 inches should be contacted regarding the needed repairs and possible tree removal. He also suggested that any plan or future policy include significant public education and input. He suggested an open house be held to allow the public to comment on options for future sidewalk issues and repairs. The Council discussed assembling a committee to look at this data and provide options for the future.

Mr. Thacker said staff will contact each property owner associated with the current major faults over 3 inches and will bring back a plan for City Council review and approval. Staff will also discuss the idea of creating a Committee for further review and future policy planning.

The work session was adjourned at 6:55 p.m.

_____________________________            __________________
Marsha Morrow, City Recorder                         Date Approved

___________________________________
Kathleen Streadbeck, Recording Secretary