August 18, 2015

Minutes of the Centerville City Council meeting held Tuesday, August 18, 2015 at 7:00 p.m. at Centerville City Hall, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT

Mayor
Paul A. Cutler

Council Members
Ken S. Averett
Tamilyn Fillmore
John T. Higginson
Stephanie Ivie
Lawrence Wright

STAFF PRESENT
Steve Thacker, City Manager
Lisa Romney, City Attorney
Jacob Smith, Management Assistant
Marsha Morrow, City Recorder
Paul Child, Centerville Police Chief
Bruce Cox, Parks and Recreation Director
Katie Rust, Recording Secretary

STAFF ABSENT    Blaine Lutz, Finance Director/Assistant City Manager

VISITORS    Interested citizens (see attached sign-in sheet)

PLEDGE OF ALLEGIANCE

PRAYER OR THOUGHT    Steve Thacker, City Manager

POLICE DEPARTMENT RECOGNITIONS

Police Chief Child recognized Lieutenant Von Steenblik and Sergeant Jake Alexander for promotions within the Police Department, and Detective William Barnes for his new assignment.  He introduced two new officers, Colton Robinson and Marquelle Peters, who were sworn in by City Recorder Marsha Morrow.  The officers were welcomed and congratulated by the Council, and Chief Child thanked the Council and Mayor for the trust placed in the Police Department.

OPEN SESSION

Mayor Cutler submitted to the record a letter (attached) signed by owners of properties between 100 South and 400 South on Main Street requesting that the zoning in their area of Main Street allow medium density residential.

Dale McIntyre – Mr. McIntyre pointed out that the Council meeting was begun with the Pledge of Allegiance and prayer.  He mentioned that the words “under God” were added to the Pledge of Allegiance in 1954, and “In God We Trust” was adopted as the motto of the United States of America in 1956.  He quoted from the Book of Mormon, and expressed a desire to see the national motto proudly displayed in the City Council chambers.

CANVASS OF AUGUST 11, 2015 PRIMARY ELECTION

Marsha Morrow, City Recorder, distributed the canvass report of the August 11, 2015 Primary Election to the Council members, and the canvass was reviewed.  Councilwoman Fillmore stated it would be interesting to calculate and compare the cost of providing an early voting period with the cost of the vote-by-mail option.

Councilman Wright made a motion to accept the canvass report of the August 11, 2015 Primary Election.  Councilman Higginson seconded the motion, which passed by unanimous vote (5-0).  Councilman Wright expressed appreciation for Ms. Morrow’s work as the City’s Election Official.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the July 8, 2015 joint City Council/Planning Commission meeting, and the August 4, 2015 joint City Council/Planning Commission work session and regular Council meeting were reviewed.  Councilwoman Fillmore requested two additions to the July 8 joint meeting.  Councilman Wright requested an addition to the August 4 Council meeting minutes.  Councilwoman Ivie requested the recording secretary double-check a statement made by the Community Development Director during the August 4 joint work session.  Councilman Averett made a motion to accept the July 8, 2015 joint City Council/Planning Commission meeting minutes as amended and the August 4, 2014 regular Council meeting minutes as amended, and table approval of the August 4, 2015 joint City Council/Planning Commission work session minutes, directing the recording secretary to listen to Mr. Snyder’s comments.  Councilman Wright seconded the motion, which passed by unanimous vote (5-0).

SUMMARY ACTION CALENDAR

a.    Award Annual Drainage Maintenance Project contract to Twin D Environmental Services in the estimated total amount of $96,710
b.    Planning Commission Per Diem for Training – Consider Resolution No. 2015-15

Councilman Wright made a motion to approve both items on the Summary Action Calendar, including Resolution No. 2015-15.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).

MUNICIPAL CODE AMENDMENTS – SECTION 7-02-022 – PROHIBITING FEEDING OR ATTRACTING WILD ANIMALS – CONSIDER ORDINANCE NO. 2015-17

As of August 1, 2015 the Division of Wildlife Resources (DWR) has authority to assist Utah cities with deer control problems, subject to regulatory requirements and guidelines.  A city must develop an “Urban Deer Plan” and solicit public comment before the DWR will allow implementation of the plan.  The initial requirements include the passage of an ordinance prohibiting the intentional feeding of deer, elk and moose prior to applying for a certificate of registration with the DWR.  Steve Thacker, City Manager, explained the process involved in obtaining the help of the DWR, and suggested that the City receive public comments regarding the issue by email, at an open house, and at a public hearing.  Councilwoman Ivie said she would prefer to hear from residents before passing an ordinance.  Councilman Wright agreed, and commented that the first requirement listed for a municipality regarding urban deer control is to demonstrate that deer are causing significant damage or threatening public safety.  Councilman Wright said he does not feel the City has shown evidence that deer are threatening public safety.  He added that the ordinance has expanded the scope to include elk, moose, and turkeys.  Lisa Romney, City Attorney, responded that elk and moose must be included in order to qualify for DWR help, but the Council could choose to eliminate turkeys from the ordinance, which was provided by the DWR.

Councilman Wright asked what constitutes intentionally feeding the animals, and stated that the Council needs to be careful with passing a law that gives government more power.  The Council and Mayor discussed the language of the ordinance pertaining to the intent to feed.  Councilwoman Ivie repeated her desire to hear from citizens before passing an ordinance.  Mr. Thacker suggested the Council move forward with inviting public comment, and consider proposed edits to the ordinance in September.  He emphasized that Council members would be welcome to attend the open house.  Councilman Wright stated that public comment should validate that significant damage is occurring or that public safety is threatened.  Mayor Cutler responded that the DWR has already stated the City meets the standard regarding significant damage.

An article will be included in the next utility bill insert inviting email comments and attendance at an open house on September 8th [later moved to Sept. 9th], and the Council may consider an ordinance prohibiting the intentional feeding of the animals on September 15th following a public hearing.  Councilman Averett stated it is his understanding that the only option available to the City is a kill plan, which he does not support.  He commented that if there is not majority support of the Council for a kill plan, there is not a need to proceed.  Councilman Wright responded that he also cannot support a kill plan.  Councilwoman Ivie stated that, with the right balance, she could support it.  She added that the food bank does not accept meat that has not been commercially packaged.  Councilwoman Fillmore stated that two deer have died probably painful deaths in her neighborhood, and she would have an open mind and be open to receiving more information on all sides of the story.  Council members Ivie, Fillmore, and Higginson expressed interest in moving forward with collecting public input.

RAP TAX DISCUSSION

Lisa Romney, City Attorney, stated that the deadline to submit a request to write an argument for or against the RAP Tax for publication in the Voter Information Packet is Monday, August 31st at 5:00 p.m., and arguments must be submitted to the City Recorder by September 14th.  The Council will designate who will write the formal arguments both for and against.  The argument that will be placed on the State website must be submitted to the City Recorder by September 4th.  The City cannot expend public funds to campaign for or against, but can provide factual information.  Mayor Cutler suggested that websites separate from the City website could be set up by individuals for comments and information for or against the RAP Tax.  Councilman Wright added that historical information regarding the RAP Tax would be helpful.  Ms. Romney provided a training sheet regarding the Political Activities of Public Entities Act.  Mayor Cutler reported that the County Commissioners have voted in favor of placing a Transportation Tax on the ballot.

Councilman Higginson stated that, if approved by the voters, RAP Tax revenues need to benefit all aspects of recreation, arts, and parks.  The CenterPoint Legacy Theatre (CPT) benefited from the previous RAP Tax, and he feels CPT should not plan for or rely on the RAP Tax in the future.

CITY COUNCIL LIAISON REPORT

Councilman Wright suggested postponing his liaison report on the Whitaker Museum until a meeting in September.

JOINT WORK SESSION WITH PARKS & RECREATION AND TRAILS COMMITTEES

At 8:20 p.m. Councilman Wright made a motion to adjourn to a joint work session with members of the Parks & Recreation Committee and the Trails Committee.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).  The Council returned to regular meeting at 9:36 p.m. after a short recess.

MAYOR’S REPORT

•    Mayor Cutler thanked Jacob Smith, Management Assistant, for his work on the quarterly Operational Metrics Report.  The Council discussed how the metrics will be utilized.  Councilman Wright expressed a desire to receive more detailed information regarding code enforcement.
•    The Mayor reported on the initial success of the staffing changes implemented by the Fire Agency in July.

PERSONNEL POLICIES AND PROCEDURES – AMENDMENTS – LONG-TERM SICK LEAVE AND ALL-PURPOSE LEAVE, CONSIDER RESOLUTION NO. 2015-16

City Manager Thacker reported that the employee committee recommends preserving the separation between long-term sick leave and all-purpose leave, with a recommendation to establish a cap on the accumulation of long-term sick leave at 800 hours.  Cashing out the 800 hours of long-term sick leave when employment ends would require formal retirement or at least 20 years of employment with the City.  Councilman Wright pointed out that the purpose of granting leave is to promote employee morale, and employees should be encouraged to use the leave given.  Mr. Smith displayed the City’s current financial liability from accrued employee sick leave, and Mr. Thacker explained staff’s recommendation regarding buying down the accrued amounts.  Responding to the question of whether the City is obligated to buy-down the accrued amounts in excess of 800 hours, Ms. Romney stated that it is more of an employee morale issue than a legal issue, and expressed willingness to research the issue further if directed by a majority of the Council.

Mayor Cutler stated three questions that need to be considered and answered by the Council:
•    Is 800 hours a good cap?
•    What should be done about accrued amounts over the cap?
•    Should the accrual rate be changed?

Councilman Wright emphasized that the use of leave time needs to be well managed by department heads.  Further discussion of the issue was tabled.

CITY MANAGER’S REPORT

•    An I-15 Project Milestone Event will take place on Friday, August 21st.
•    Mr. Thacker updated the Council regarding the pedestrian bridge fencing, and reported that UDOT has suggested the City might receive lower bids for administering the sidewalk connection on the east side of the bridge.  Councilwoman Fillmore suggested the City request that a percentage of the project cost include an amount for City administrative costs for oversight of the project.
•    The next utility bill insert will include an article regarding the proposal to create a Fire District, and will advertise the September 9th open house [corrected later to be Sept. 8th] at the Centerville Station, and the open house at City Hall prior to the regular Council meeting on September 15th.  Councilman Wright said he would like to see a breakdown of the City’s property tax revenue between the General Fund and RDA.

MISCELLANEOUS

Councilwoman Fillmore reported that the Recreation Center is willing to host a free admission day for Centerville citizens any day the City chooses.  She said she would look into the possibility of selecting a Saturday in February, 2016.

ADJOURNMENT

At 10:24 p.m. Councilwoman Fillmore made a motion to adjourn the meeting.  Councilman Wright seconded the motion, which passed by unanimous vote (5-0).

________________________________        ______________________
Marsha L. Morrow, City Recorder            Date Approved

________________________________
Katie Rust, Recording Secretary

Aug 18, 2015 Joint City Council/Parks&Rec and Trails Worksession

Minutes of the joint work session of the Centerville City Council, Parks and Recreation Committee, and Trails Committee held Tuesday, August 18, 2015 at 8:20 p.m. at Centerville City Hall, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT

Mayor
Paul A. Cutler

Council Members
Ken S. Averett
Tamilyn Fillmore
John T. Higginson
Stephanie Ivie
Lawrence Wright

PARKS & RECREATION COMMITTEE
Kyle Barney
Gary R. Goff, ChairMelissa Smith
Rebecca Wright

COMMITTEE MEMBERS ABSENT
Ben Horsley
Lynn Keddington
Loren Pankratz

TRAILS COMMITTEE
Denise Cox
Mark Dimond, Vice Chair
Greg Gunnell
Matt Johnson
Alan Peterson, Chair

COMMITTEE MEMBERS ABSENT
Mikael J. Remington
Richard Turner

STAFF PRESENT
Steve Thacker, City Manager
Lisa Romney, City Attorney
Jacob Smith, Management Assistant
Bruce Cox, Parks and Recreation Director
Katie Rust, Recording Secretary

STAFF ABSENT    Blaine Lutz, Finance Director/Assistant City Manager

VISITORS    Interested citizens (see attached sign-in sheet)

Alan Peterson, Trails Committee Chair, stated that the Trails Committee views their role as providing an opportunity for the citizens of Centerville to engage in the community in a hands-on/feet-on way, and experience what Centerville has to offer in a personal way.  The two biggest issues faced by the Trails Committee are maintaining and keeping access to the existing trails system, and finding ways to expand hiking activities.  The City’s trails can be divided into mountain trails and urban trails.  The biggest challenge on mountain trails is overuse and access.  The vast majority of users have no idea that access to the mountain trails is largely through private property.  Some property owners have suffered over time from their generosity in sharing access.  Balancing the many stakeholders involved is a challenge.  One negative event could potentially shut-off access to the trails.   Mayor Cutler asked if there would be ways to educate citizens if more financial resources were available.  Mr. Peterson responded that signs can be problematic because they don’t last very long.  The Trails Committee has included educational information in the Davis County Clipper, and has considered making educational efforts in the public high schools to reach younger trail users.  The lack of ability to control information posted about trails on the internet can be a challenge.  Motorized use of the trails is a big concern, but other concerns include vandalism, drug use, and fire danger.

The Trails Committee has initiated a Trail Chief program to involve citizens in scouting trails and keeping the Committee updated on trail status.  Councilman Wright mentioned a program used in Germany to reward or recognize use of trails, and asked the Committee if they have considered a similar program.  Mr. Peterson responded that citizens who hike at least five trails in Centerville can receive a pin that states “Take a Hike”.

Mayor Cutler stated that the Council is hoping to hear from both Committees regarding improvements that could be made or programs initiated if the RAP Tax is passed by voters.  Mr. Peterson responded that more signage on the mountain trails, erosion control, trail maintenance, and additional publicity would be nice.  Councilwoman Ivie, as liaison to the Trails Committee, added that information that could be distributed at the schools for the young trail users would be helpful.  She stated the Committee has considered going through the DARE program to spread information.  The Trails Committee has had enthusiastic participation from Youth Council liaisons, but has been limited in their ability to utilize them.

Councilman Wright asked if there would be a way to link with the walking programs available through Medicare.  Councilwoman Fillmore commented that the Silver Sneakers Program is currently the only source of increasing participation at the Recreation Center.  City Manager Thacker asked if they would be interested in using RAP Tax money for bike lane improvements.  Mr. Peterson responded that they have become aware of a potential bike lane grant possibility for Main Street.  Mr. Thacker stated that the City should not be too specific in stating how RAP Tax funds would be used, but bike lanes could be advertised as a possible use.  Bruce Cox, Parks and Recreation Director, pointed out proposed bike lanes on the City trails map.  An annual budget for bike lane improvements would be helpful.  Councilman Wright added that the Complete Streets approach can include bike lanes.  Lisa Romney, City Attorney, specified that RAP Taxes can be used for recreation facilities, which includes trail systems, and for ongoing operating costs of recreation facilities.  She cautioned that there would be a limited amount of revenue from the RAP Tax, and stated that the ballot proposition was drafted broadly.  Mayor Cutler stated that cost estimates would be helpful in determining how to use the funds.  He added that the application for the UDOT grant for bike lanes may be more competitive if Centerville teams up with the Farmington or Bountiful Trails Committees for a longer stretch of road.  Councilwoman Fillmore commented that Main Street is scheduled for an overlay in a few years, and a bike lane could be added as part of the necessary re-striping.  Mayor Cutler suggested that the trails map be updated to more boldly differentiate the proposed lanes and trails from existing trails.

The Council and Committees discussed possible locations for a restroom along the Legacy/DNRG trails, and Mr. Peterson stated that the addition of a bike station has been discussed for the Maverick that will be located on the southwest corner of Parrish Lane and 1250 West.  Councilman Wright asked if the Trails Committee has considered sponsoring any marathons or races.  Mr. Peterson responded that they sponsor City hikes, and have helped to sponsor race events as part of a larger group of entities.

Gary Goff, Parks & Recreation Committee Chair presented a prioritized Parks Capital Improvement Plan.  Completing the Community Park Expansion is the first priority on the Plan, followed by improvements at Island View Park.  Mr. Goff addressed public interest in adding a splash pad somewhere in the City, and the expense and complications involved.  Becki Wright on the Parks & Recreation Committee mentioned some of the ways the complications could possibly be reduced.  Councilman Wright stated that demographics are changing, and the City needs to attract young families with children.  Mr. Goff agreed that a splash pad is a popular suggestion, and the City needs to weigh the costs and the benefits.  The idea of providing a District splash pad at the Recreation Center was discussed.  Mayor Cutler suggested that a fountain or other water feature designed for playing might be a lower-cost option.  Councilwoman Fillmore suggested that Island View Park with its multiple tiers might be an appropriate place for a water feature, with the runoff being used for irrigation.  Mr. Cox suggested it might be possible to take advantage of the creek at Smoot Park to add a water feature.  Mr. Thacker commented that the City does not currently have funding for repair and replacement that needs to take place in the parks.  It was suggested that ongoing park maintenance and upgrading could be added to the Parks Capital Improvement Plan.

Mayor Cutler pointed out that the Parrish Creek Pond area is not included on the Parks Capital Improvement Plan.  Mr. Thacker explained the remaining phases that had been planned for the Parrish Creek Pond area on the Frontage Road.  Councilman Averett asked if the Parks & Recreation Committee has tried fundraising for any of the projects.  Mr. Cox responded that funds have been raised for baseball field infill through the City baseball program.  Councilman Averett repeated that he would like the City to add a dog park, and stated that he would be willing to pay for it if space were provided.  Mr. Goff stated he had not been aware of the desire for a dog park.  Mr. Cox mentioned some of the liability associated with dog parks.  Dogs are currently allowed on a leash in any of the City parks.

The Mayor suggested the Parks Capital Improvements Plan could be presented more aesthetically for general distribution.  He reminded the Committee members that City Committees cannot campaign for the RAP Tax, but Committee members can choose to help as individuals if desired.  Mr. Cox commended the members of both Committees for the personal time they donate for the benefit of the community.

ADJOURNMENT

The work session was adjourned at 9:30 p.m.

________________________________        ______________________
Marsha L. Morrow, City Recorder            Date Approved

________________________________
Katie Rust, Recording Secretary

August 18, 2015 Joint City Council/Planning Commission Worksession

Minutes of the joint work session of the Centerville City Council and Planning Commission held Tuesday, August 18, 2015 at 5:30 p.m. at Centerville City Hall, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT

Mayor
Paul A. Cutler

Council Members
Ken S. Averett
Tamilyn Fillmore
John T. Higginson
Stephanie Ivie
Lawrence Wright

PLANNING COMMISSION
Cheylynn Hayman (arrived at 5:58 p.m.)
PRESENT
David Hirschi, Chair
Gina Hirst
William Ince
Logan Johnson
Scott Kjar
Kevin Merrill, Vice Chair

STAFF PRESENT
Steve Thacker, City Manager
Lisa Romney, City Attorney
Jacob Smith, Management Assistant
Cory Snyder, Community Development Director
Katie Rust, Recording Secretary

STAFF ABSENT    Blaine Lutz, Finance Director/Assistant City Manager

VISITORS    Interested citizens (see attached sign-in sheet)

SOUTH MAIN STREET CORRIDOR PLAN/OVERLAY ZONE

Councilwoman Ivie asked why density is the last of the five recommended issues for discussion, considering density is the issue the public cares about most.  Mayor Cutler, Cory Snyder, Community Development Director, and Lisa Romney, City Attorney, all stated that discussion could begin with any of the issues.  The Planning Commission has already made a recommendation to the Council regarding density for the City Center and Traditional Districts.  Mayor Cutler added that a number of property owners have asked for flexibility, and the Council needs to consider their request and their property rights.

Ms. Romney reviewed existing ordinance provisions for permitted uses and conditional uses in both districts (Commercial-Medium) as presented in the staff report.  Councilman Wright asked if a convalescent center would be allowed.  Mr. Snyder responded that a convalescent center is allowed in the C-M Zone, an assisted living facility is not.  However, the market is experiencing a blending of the two types of services, and the City may want to revise its definition to be consistent with the market.

Mayor Cutler commented that the data presented at the August 4th joint work session showed the two districts to be heavy in commercial uses.  Commissioner Johnson stated he likes the idea of allowing more flexibility for property owners, and is not opposed to either full commercial, mixed-use or full residential.  Councilmen Wright and Higginson agreed that commercial uses naturally reduce density.  Commissioner Kjar stated he believes Main Street commercial uses will be office, not retail, and he would not want to limit property owners with zoning that is not feasible.  Councilman Wright said he would like to look at barriers that prevent small business, and help reduce costs to make small business more affordable on Main Street.  Councilman Averett agreed with Commissioner Kjar that Main Street will attract office commercial uses such as dentists, lawyers, and other local services, not retail.

Mayor Cutler stated that the existing ordinance does not include clear definitions of mixed-use, and it might be helpful to clarify what is meant.  Councilman Averett commented that with the east side of Main Street backed by single-family residential, and the west side backed by medium density, it would make sense to have commercial fronting the east side and low to medium density or mixed-use on the west side.  Chair Hirschi added that, without the commercial component, the area would be vulnerable to high-density residential.  Commissioner Kjar stated that “mixed-use” in citizens’ minds means high-density residential and said he thinks it would be tough to lease the required commercial spaces in mixed-use.  Councilwoman Fillmore responded that it depends on the definition of commercial.  The data shows that 20% of the subject area has been developed commercially in the last fifteen years.  She said she agrees with everything that has been said, and added that the City needs to be more clear about the amount of commercial versus residential required, and a density cap should be added.  Councilman Wright said he agrees with the residents’ request of Residential-Low (R-L).  Councilwoman Fillmore responded that the reality with single-family development now is smaller yards and homes closer together, with at least eight units per acre.  She said she does not want high-density, but if the density cap is unfeasible the area will remain blighted.  Mr. Snyder clarified that a single-family development is currently allowed, but an entire block cannot be filled with a single lot-type.  Councilwoman Ivie said she does not want the Planning Commission to ever be in the position that they have to vote in favor of something because of the ordinance that they know is a bad development, like happened with the proposed development on the Hafoka property.  Mr. Snyder responded that in that situation the issue of residents wanting single-family overrode the possibilities with multi-family.  He pointed out that with the Hafoka property there was push for more active open space, but the development is still required to pay Park Impact Fees toward City open space.  There needs to be equity.  Councilwoman Ivie said she believes the Council is in place to listen to public outcry and respond.

Councilwoman Ivie said she feels allowing commercial is a good thing, and she likes the idea of having mixed-use only on the west side, but there needs to be a major density cap even if the area stays blighted and takes longer to redevelop.  Councilman Averett suggested a low enough density that it feels like residential with commercial allowed.  Councilwoman Fillmore added that requiring entry on ground level could be another control.  Councilman Averett agreed with the need for patio homes for the aging community.  Commissioner Kjar said the concern with the Hafoka property was that the open space was not really active open space.  Councilwoman Fillmore said she likes the idea of separating east and west, but feels it would be unreasonable to go lower than six units per acre on the east side and eight units per acre on the west side of Main Street.  She also suggested ten units per acre on the west side and eight units per acre on the east side.  She said stronger language is necessary clarifying that the commercial element needs to be predominant with residential secondary.  Mr. Snyder explained density per acre for several developments within the City for comparison.

Councilman Wright mentioned that one issue brought up during the public hearings is the impact density will have on the community and the ability to provide services, schools, and traffic impacts.  He asked how an acceptable and sustainable threshold of density is determined.  Mr. Snyder responded that it is hard to tabulate fairly because a lot of traffic on the roads is made up of people outside the community drawn by the commercial element.  Mayor Cutler pointed out that an acceptable level of density is a matter of opinion.  Mr. Snyder added that it would be difficult to guess what the market will generate in the future.  The possibility of a traffic study is included in the ordinance to review developments as they come up.  Councilman Wright said he does not know how to set a density cap without knowing the impacts.  He said he thinks the City needs to take a more holistic look at the corridor.  Ms. Romney referred to the limited numbers of units that are likely to redevelop as explained at the August 4th joint work session.  The largest property in the subject area is the O’Brien Glass property, which is under consideration for redevelopment now.  Councilman Wright repeated his suggestion that the City would have more options if it took over responsibility of Main Street from UDOT.  Ms. Romney added that residential development has not occurred in the two districts since 2000.

Councilman Higginson stated he would prefer six units per acre with no conditional use so that it really is a six-unit cap.  The Council and Planning Commission discussed whether or not a unit per building cap should be included.  Councilwoman Fillmore and Mr. Snyder spoke in favor of a unit per building cap.  Mayor Cutler explained that the density cap per acre would be an overlay regardless of the number of buildings.  Chair Hirschi agreed that doing away with the building component would be a mistake.  Commissioner Hirst said she would like to know how low the cap can be and still have redevelopment possible.  Mayor Cutler read aloud a letter submitted by owners of properties between 100 South and 400 South on Main Street requesting medium density rather than low density.

The recommendation submitted to the Council by the Planning Commission includes a cap of four units per acre permitted and up to eight conditional.  Commissioner Johnson stated he feels there was some misunderstanding of conditional use on the part of the Commissioners at the time the recommendation was made.  Commissioner Johnson added that Councilman Higginson’s suggestion is closer to what he had in mind.  Ms. Romney explained that with a conditional use permit the City looks at negative impacts, and it is difficult from a legal standpoint to show negative impact for density.  Councilman Wright said he would like to eliminate conditional use and place a cap on density per acre.  Councilwoman Fillmore responded that even the limited control provided by conditional use can be beneficial.  Councilman Higginson said he would consider four units per building permitted with six conditional.  Chair Hirschi pointed out that every project is different and unique, and removing conditional use would take away the Planning Commission’s ability to consider and improve a development.  Councilman Wright said he feels the focus of the Planning Commission is different from the focus of the Council.  He said he feels the Council’s focus should be putting a framework in place after considering what the citizens say.  The Planning Commission is then to operate within that framework.

Councilwoman Fillmore said she would prefer to consider the smaller parcels and put a caveat in place to make development of smaller parcels possible.  Councilman Averett agreed that it does not make sense to try to put all properties in the same box.  He said conditional use may be necessary, but the Council needs to be comfortable with the maximum conditional use allowed.  Council members Ivie and Wright agreed that if permitted use is limited to what the City is comfortable with, the level of review with conditional use is not necessary.  Mr. Snyder pointed out that without conditional use public input cannot be considered.  If requirements of permitted use are met, approval is guaranteed.  Any problems that arise along the way cannot be mitigated.  Conditional use allows more discretion for the Planning Commission to improve a situation.

Councilmen Wright and Higginson agreed with setting the maximum they are comfortable with per building as the conditional use level, with something lower set as permitted.  Chair Hirschi added that a density cap adds a level of control.  Councilman Wright said he believes allowing six on the east is appropriate.  Mr. Snyder responded to a question from Councilwoman Fillmore stating that the Council could choose to make the decision, or could remand the issue back to the Planning Commission.  Commissioner Ince agreed with Councilwoman Fillmore, and stated that one or two units per parcel should be allowed regardless of parcel size.  Councilwoman Ivie said she prefers four units permitted on the east and six units permitted on the west, not less than one unit per parcel.  Commissioner Johnson stated he is comfortable with a minimum of eight units.  He said he is not opposed to high-density, and does not think 12-15 units per acre would be a bad addition to Main Street.  Chair Hirschi stated that developers need some flexibility, and he feels the City should be encouraging business development along Main Street.

Councilwoman Fillmore repeated that she would like to see the commercial element strengthened.  Councilwoman Ivie said she would like to see an option for single-family development by itself.  Councilman Wright stated he is comfortable with one-four units per acre permitted on the east side with up to six units conditional use, and one-four units per acre permitted on the west side with up to eight conditional.  Councilman Higginson agreed.  Commissioner Ince said he is comfortable with four and six.  Commissioner Hayman pointed out that there has been no discussion of per building limits, and said she is uncomfortable with the six units per building currently allowed.  She suggested allowing 1-3 units per building permitted and up to four units per building conditional.  Councilwoman Fillmore added that she would like to require street-level entry for stand-alone residential.

Regarding building height, Mayor Cutler pointed out current restrictions.  Councilman Wright stated that the impact of shadows on surrounding residences needs to be considered.  The Council and Planning Commission discussed height restrictions and setbacks.  Mr. Snyder added that placing parking behind a building creates a buffer, but if the ordinance is too definitive there will be scenarios where it does not work.  Commissioner Kjar said the issue is not so much how high a building is off the street, but how it affects the homes behind it.  Councilman Averett stated he prefers pitched roofs over flat roofs.  Commissioner Hirst agreed.

ADJOURNMENT

The work session was adjourned at 6:57 p.m.

________________________________        ______________________
Marsha L. Morrow, City Recorder            Date Approved

________________________________
Katie Rust, Recording Secretary