December 1, 2015

Minutes of the Centerville City Council meeting held Tuesday, December 1, 2015 at 7:00 p.m. at Centerville City Hall, 250 North Main Street, Centerville, Utah.



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

Cory Snyder, Community Development Director

Brandon Toponce, Assistant Planner

Jacob Smith, Management Assistant

Katie Rust, Recording Secretary


STAFF ABSENT                   Blaine Lutz, Finance Director/Assistant City Manager


VISITORS                              Dee Hansen, South Davis Sewer District

Spence Packer, Whitaker Museum Board Chair

Interested citizens (see attached sign-in sheet)


PLEDGE OF ALLEGIANCE Skyler Henry, BSA Troop 1462


PRAYER OR THOUGHT     Councilman Higginson



Dale McIntyre – Mr. McIntyre stated that, prior to the election, George McEwan stated on a radio show that he would like to see Council meetings streamed so citizens can watch what is happening without having to attend.  Mr. McIntyre said he thinks it is an excellent idea, and that transparency in government is important.


The minutes of the October 29, 2015 Council work session, and the November 17, 2015 Canvass meeting and regular Council meeting were reviewed.  Councilwoman Fillmore requested an addition to the October 29 work session minutes.  Councilman Wright made a motion to approve the October 29, 2015 work session minutes as amended.  Councilwoman Fillmore seconded the motion, which passed by unanimous vote (5-0).  Councilwoman Fillmore and City Manager Thacker requested changes to the November 17 Council meeting minutes.  Councilman Wright made a motion to approve the November 17, 2015 regular meeting minutes as amended.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).  Lisa Romney, City Attorney, requested an amendment to the Canvass meeting minutes, and Councilman Wright made a motion to approve the November 17, 2015 Canvass meeting minutes as amended.  Councilwoman Fillmore seconded the motion, which passed by unanimous vote (4-0), with Councilman Averett abstaining.


Dee Hansen, Centerville’s representative on the South Davis Sewer District Board of Trustees, updated the Council on the finances and operations of the Sewer District, including a potential “food waste to energy project” the Board is currently evaluating.  Councilman Higginson mentioned that the Wasatch Integrated Waste Management District has also been interested in anaerobic food waste digestion.  He acknowledged the potential benefit to such a program, and expressed a hope that the two entities could cooperate.  Councilwoman Fillmore said she looks forward to hearing more about the possibilities, and agreed with Councilman Higginson’s hope for open communication between the two entities.  Councilman Wright expressed appreciation for the Sewer District’s exemplary fiscal management.


Mayor Cutler recommended the Council reappoint Dee Hansen as Centerville’s representative on the South Davis Sewer District Board of Trustees.  Councilman Wright made a motion to approve Resolution No. 2015-18 appointing Dee C. Hansen as a member of the Board of Trustees of the South Davis Sewer District representing Centerville City.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).


On October 28, 2015, the Planning Commission recommended to the City Council approval of the Final Subdivision Plans and Plat for the Porter Walton Townhomes project located at 564 West Porter Lane, allowing the property to be divided into 47 residential units for individual ownership.  Cory Snyder, Community Development Director, explained the recommendation and answered questions.  Applicant Taylor Spendlove added that Brighton Homes has received multiple conditional offers, and has a long list of potential buyers waiting for the plat to record.  Mayor Cutler stated he feels the community will be better served with individual ownership of the units.

At 7:45 p.m. Mayor Cutler opened a public hearing, and closed the public hearing seeing that no one wished to comment.  Councilwoman Fillmore made a motion to approve the Final Subdivision Plat for the Porter Walton Townhomes Subdivision located at approximately 564 West Porter Lane, subject to the following conditions and findings.  Councilman Averett seconded the motion, and agreed with the Mayor that owner-occupied units rather than rental units is an improvement.  Councilwoman Ivie asked about maintenance of the development.  Mr. Spendlove responded that the HOA will be required to hold an insurance policy that covers all of the buildings as well as the common space.  Maintenance will be administered by the HOA.  The motion to approve the Final Subdivision Plat passed by unanimous vote (5-0).


  1. The final plat shall be recorded at the Davis County Recorder’s Office prior to the sale of any individual units.
  2. The applicant shall address all correction and edits as stated by the City Engineer and City Attorney prior to the printing of the final linen plat.
  3. The applicant shall address all corrections and edits to the CC&Rs as stated by the City Attorney.
  4. All applicable development fees shall be paid prior to the recording of the final plat.
  5. The applicant shall enter into an improvements agreement and related bonding for remaining public improvements prior to recording the plat.
  6. The applicant shall meet all applicable conditions as approved by the Planning Commission and set forth within the final site plan approval and the conditional use permit including but not limited to the continuation of traffic monitoring and a determination by the City Engineer of any applicable impact fees to be paid by the applicant.


  1. The final subdivision plans and plat are in harmony with the relevant provisions of the City’s General Plan [Section 12-480-1(a)].
  2. The Porter Walton Townhomes Development is in harmony with the provisions of the Residential-Medium Zone [Chapter 12-32].
  3. The Porter Walton Townhomes Development is in harmony with the final site plan and conditional use permit as approved by the Planning Commission [July 22, 2015].
  4. The City Council is the authorized body to grant approval for a final subdivision plat [Section 15-4-107].
  5. With the directives listed, the acceptance is consistent with the expectations for PUD subdivisions, as outlined in Chapter 15-6, Planned Unit Development.


Spence Packer, Whitaker Museum Board Chair, updated the Council regarding projects funded by CLG Grants.  He expressed the appreciation of the Museum Board for the Council’s continued support, and stated the Board is looking forward to working with the Council regarding possible use of RAP Tax revenues to fund physical projects.  Mayor Cutler commended the Board for the significant improvements made at the Museum.  Councilman Wright added that he feels the Whitaker Museum is an asset to the community, and it has been his privilege to be associated with the Museum as Council liaison.


Mr. Snyder opened the discussion pointing out that, regardless of what the Council decides regarding the proposed historic district, the City has already made progress in preserving Centerville’s built historic environment with the Whitaker Museum and the continued efforts of the Landmarks Commission to add homes to the National Historic Register.  The first settlement in Centerville was the Deuel Creek Settlement, and the Landmarks Commission has chosen to propose a locally-recognized historic district – the Deuel Creek Historic District – to celebrate the history of the community.  The Landmarks Commission has put together an incentive program for properties within the proposed Historic District.  Mr. Snyder expressed the hope that creating the Historic District will encourage property owners to participate in preserving the area of historical significance to the City.

Brandon Toponce, Assistant City Planner, explained that as a result of a reconnaissance level survey completed by a Historic Preservation Consultant, and close examination of the historic area of Centerville by the Landmarks Commission, the Landmarks Commission has proposed the creation of the Deuel Creek Historic District in the area defined by the following boundaries: the east side of Main Street from Parrish Lane to Porter Lane, the south side of Parrish Lane from Main Street to 400 East, the west side of 400 East from Parrish Lane to Porter Lane and both sides of Porter Lane from 400 East to Main Street.  He explained participation incentives proposed by the Landmarks Commission, and provided an estimate of the financial impact on the City of the proposed ordinance.  Participation by property owners would not be mandatory.  The Planning Commission has recommended the Council approve creation of the Deuel Creek Historic District.

Councilwoman Fillmore said she thinks including the many historic homes on the east side of 400 East would be a good idea.  Mr. Toponce responded that the Landmarks Commission had a difficult time narrowing down the proposed area, with an emphasis on walkability, but added that he thinks expanding the area to the east side of 400 East would be a good idea.  Councilwoman Fillmore also stated she would like the building permit fee reduction to be greater than the proposed 25%, considering the cost-intensive process involved in historic preservation for property owners, and the relatively small financial impact the reduction would have on the City.  Mr. Toponce agreed, stating that greater incentives would result in greater preservation.  As Council liaison to the Landmarks Commission, Councilwoman Ivie added that the Commission tried to propose a reduction the Council would be willing to approve.  Councilwoman Fillmore suggested that even a 100% fee reduction would have a small impact on the City.  Mayor Cutler responded that he would be willing to support a reduction higher than 25%, but not willing to completely eliminate the fee considering the significant amount of work involved in reviewing building permit applications.  Mr. Snyder also agreed with the idea of increasing the percentage, but pointed out that the fee reduction would also apply to new development within the District.  Responding to a follow-up question from Councilwoman Fillmore, staff agreed that the ordinance could specify that the fee reduction would apply only to preservation efforts.  Councilman Wright asked if the proposed ordinance addresses infill.  Mr. Toponce responded it does not.  Councilman Wright encouraged the Council to consider looking at the possibility of infill within the Historic District.  Councilman Wright also encouraged changing the name to “Centerville – Deuel Creek Historic District” to improve public recognition.

The Planning Commission is scheduled to consider a zoning map amendment creating an overlay for the proposed Historic District boundaries on December 9th.  Councilman Wright recommended the boundary of the Historic District not include the South Main Street Corridor (SMSC), since the result would be an overlay on top of an overlay.  Mr. Snyder responded that one is a regulatory overlay and the other is a voluntary incentive overlay.  By including the east side of Main Street, the Landmarks Commission was being sensitive to historic buildings in the Corridor.  The proposed ordinance does not specify particular building types.  Councilwoman Fillmore suggested the Council could discuss incentives that could be given for different types of buildings.  Mayor Cutler said he suspects it would be best to take a long-term view, starting with a minimal ordinance and incentives that could be adjusted over time based on experience.  Mr. Toponce commented that the Landmarks Commission has discussed strengthening the demolition aspect of the ordinance, but did not want to bring that into the initial discussion with the Council.  Mayor Cutler recommended the city present the ordinance as it is for public comment.  Council members Ivie and Averett indicated agreement.  Councilman Wright repeated his concern that the SMSC Plan does not take historic nature into account, and that two competing interests would be created.  Mayor Cutler said he feels the two overlays would be complimentary rather than competing.

Councilwoman Ivie made a motion to table discussion of the proposed Deuel Creek Historic District to the December 15, 2015 Council meeting, at which a public hearing will be held.  Councilman Wright seconded the motion, which passed by unanimous vote (5-0).


Mr. Snyder stated that, from previous discussions with the Council regarding ADUs, he received the impression that the Council is leaning toward removing development impact fees from the proposed ADU ordinance, based on data gathered by staff that other cities in Utah do not charge ADU development impact fees.  He stated he also sensed support from a majority of the Council for removing detached units from the ADU ordinance, to be addressed along with other accessory buildings.  Removing detached units from the ADU ordinance would not require remanding the issue back to the Planning Commission.

Councilman Averett pointed out that the Council listened for six months to citizen comments expressing preference for single-family housing in the community.  He said that, in his opinion, ADUs turn single-family units into multi-family units, and he will not be voting in favor of allowing ADUs.  He asked if a majority of the Council is in favor of continuing the discussion.  Councilman Wright asked if a mother-in-law or parent apartment is considered an ADU, and was informed that the ordinance currently allows residence of up to two people in addition to a family in a single-family home.  Councilman Wright then responded that he agrees with Councilman Averett and is not in favor of ADUs.  Councilwoman Fillmore pointed out that Centerville has an aging population.  Many homeowners have decreased their density impact on the city as family members have left the home.  ADUs would provide an opportunity for older citizens to stay in their homes and return to former density impacts.  She said she believes the ordinance would clearly be most used by the older population.  Councilwoman Ivie agreed with Councilwoman Fillmore.

Mayor Cutler commented that the City has a large number of ADUs existing in noncompliance, and he feels it would be beneficial to make the situation legal with specific restrictions.  Councilman Averett stated an ADU would involve more adults and vehicles than a typical family with varying ages, and would create issues not present with a single family.  Councilman Wright agreed that most Centerville neighborhoods are not designed to handle the additional intensity.  Councilmen Averett, Higginson, and Wright stated they are not interested in further Council consideration of ADUs.  Councilwoman Fillmore suggested tabling the issue to January 2016.  Staff will put a notice on the City website that the public hearing advertised regarding ADUs will be tabled to January.  Councilman Averett commented that the three newly-elected Council members were all elected on a single-family low-density platform, and he cannot imagine any of them would be interested in allowing ADUs.


  • The City Employee Christmas Party will be held on Wednesday, December 2nd at the Megaplex Theater.
  • The Founders Park lighting ceremony will be held on December 7th.
  • City Council photographs will be taken on December 15th prior to the regular Council meeting.
  • Council members are invited to the Walking Comfort Grand Opening at their new location on Saturday, December 5th at 12:00 p.m.
  • Mayor Cutler recognized the tremendous amount of work City Manager Thacker has put in with the other city managers regarding the South Davis Metro Fire District.  Mr. Thacker explained the six-month Metro Fire Agency Tentative Budget, and the transition that will occur in July to a new fiscal year for the Fire District.  The six-month Budget includes an assessment for Centerville that is slightly less than the funding for this purpose in the City’s 2016 Budget.


Councilman Higginson reported that the Mosquito Abatement District is implementing an expansion effort to accommodate the growing population and development.  He repeated his hope that the Waste Management District and the South Davis Sewer District will keep open communication regarding the possibility of anaerobic digestion.  He reported that curb-side recycling may not be necessary in the near future due to Waste Management District innovations, but recommended the City renew the existing contract for recycling services for a shorter period than normal.


Mr. Thacker reported that construction of the traffic signals at the 1250 West/Parrish Lane intersection is expected to begin in the next week or two.  A decision from the Council is needed regarding the concrete on the southeast and southwest corners before UDOT work begins.  Mr. Thacker showed an image of the Landscape Architect’s proposal for the first phase of the planned intersection improvements.  The Council discussed how much concrete to approve at this stage, and gave staff direction regarding matching curves of colored concrete for both corners.  Councilwoman Fillmore emphasized that the purpose of setting up an RDA is to be able to provide improvements that distinguish the area.  Mr. Thacker said he anticipates having more information for the Council at the December 15th meeting.


  • Councilwoman Fillmore made a motion to table discussion regarding the use of City newsletters and utility bill inserts indefinitely.  Councilwoman Ivie seconded the motion.  Councilman Wright made a substitute motion to table the discussion to a Council meeting in January.  Councilwoman Ivie seconded the substitute motion, which failed (2-3), with Council members Averett, Fillmore, and Higginson dissenting.  The original motion passed by majority vote (4-1), with Councilman Wright dissenting.
  • Councilwoman Fillmore informed the Council of two upcoming free events at the South Davis Recreation Center.  The free admission day for Centerville citizens at the Recreation Center is scheduled for February 27, 2016.
  • Councilwoman Ivie informed the Council and staff of a dangerous portion of the Deuel Creek South trail on the hillside.  She said the Trails Committee would like to immediately sign that portion of the trail as dangerous, and possibly reroute the trail.  Councilman Wright agreed that the danger should be mitigated immediately.  Centerville resident and former employee of the Forest Service with experience in trail management, Lee Skabelund, commented that trail maps and trailhead signs giving invitation for use of a dangerous trail is a liability to the City.  He suggested closing the dangerous leg of the trail, and said he would be willing to help reroute and reestablish the trail in the spring with volunteer labor.  The City Manager agreed to talk with Bruce Cox about closing the trail for now, and direct the Trails Committee to consider possibilities to reestablish it safely.
  • Councilman Wright expressed a desire to place discussion of the County property on 100 South on a future agenda.  Mayor Cutler said Commissioner Smith has indicated willingness to hold off on the sale of the property to allow the new Council time for discussion.  The Mayor stated he intends the next Council to study and discuss appropriate use of the property.


At 9:44 p.m. Councilman Wright made a motion to adjourn to a closed session for the purpose of discussing the character and competency of individuals.  Councilman Higginson seconded the motion, which passed by unanimous vote (5-0).


________________________________                    ______________________

Marsha L. Morrow, City Recorder                              Date Approved


Katie Rust, Recording Secretary