February 3, 2015 Work Session

Minutes of the Centerville City Council work session held Tuesday, February 3, 2015 at 5:00 p.m. at the City Hall Council Chambers, 250 North Main Street, Centerville, Utah.


Mayor                           Paul A. Cutler

Council Members        Ken S. Averett
Tamilyn Fillmore
John T. Higginson
Stephanie Ivie    (arrived at 5:20 p.m.)

MEMBER ABSENT        Lawrence Wright

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

STAFF ABSENT        Blaine Lutz, Finance Director/Assistant City Manager


Cory Snyder, Community Development Director, presented recommendations from the Planning Commission regarding the proposed General Plan Amendments, Zone Text and Zone Map Amendments for the West Centerville Neighborhood.  Mr. Snyder stated that no changes are proposed for Legacy Crossing, Legacy Village, or the light industrial area directly south of Legacy Village.  During the process of developing the Preferred Scenario, what was done at Legacy Crossing (with a PDO) was deemed, in general, acceptable.  The General Plan Amendments and Zoning Ordinance were modeled after the same concept, with the creation of a whole new Zoning District rather than using a PDO.  Mr. Snyder said that his greatest concern as a Planner for the west side is that Legacy Crossing will remain isolated.

Parrish-Legacy Mixed Use Preferred Scenario

•    Land use pattern consists of a “mixed-use” center
•    The land uses are to be focused around localized commercial businesses
•    The core density is located south of 200 North (up to 45 units per net acre)
•    A secondary density sector begins south of the core (between 30 to 35 units per net acre)
•    A public park is envisioned in this secondary density area
•    A potential vehicle fly-over bridge (over the rail line and interstate) is being suggested
•    Some type of future transit station could be integrated into the area, but is not crucial

The zoning changes would limit the expansion ability of existing uses.  There are currently nine property owners within the new district.  The proposed park space is located on the current Trinity Industries site.  The potential vehicle fly-over bridge has been included in the third phase of the 2040 Regional Transportation Plan.

Zone Text and Map Amendments for the New Zoning District

•    The base layer of commercial uses are those of the Commercial-Medium (C-M) Zone
•    A secondary layer of multi-family residential use is allowed; which are those uses of both the Residential-Medium and High Zones (R-M and R-H)
•    Multi-family residential uses cannot be singularly developed without establishing the required supportive commercial uses
•    The ratio of commercial vs. residential uses is established using site plan approval process – (staff feels this is a potential weakness)
•    The supportive commercial use findings needed to approve the use of multi-family residential are:
o    Provide opportunity for food service or local service type retail commercial service
o    Provide opportunity for personal care and/or instructional type services
o    Provide opportunity for medical care or health type services
o    Provide opportunity for adult or child care type services, or
o    Provide other types of commercial uses deemed appropriate for servicing the local residents

Mr. Snyder stated that he does not think, considering demand, that medium box and Commercial-Very High (C-VH) uses are in the future for this area.  He added that the proposed support commercial mixed-uses together would make each other viable.  Councilman Averett asked how a hotel would fit into the proposed district.  He said that professionally he sees a need for hospitality services in Centerville.  Mr. Snyder responded that the Council can edit and alter the proposed new district to match the Council’s vision.  A hotel would be allowed in a C-VH Zone.  Councilwoman Fillmore added that the need to look at the entire west side as a whole was emphasized the last time the Council discussed this issue.  She said she feels putting higher densities further north and the C-M Zone in the new zoning district is being respectful of West Bountiful as a neighbor.  Councilwoman Fillmore stated she feels the proposed Zoning District provides better control than using the PDO process.

Mr. Snyder said he anticipates a push for more residential development than commercial development.  Councilman Averett stated he feels the City needs to figure out how to zone for services to be provided for those already living in the area, such as a sports facility for youth sports, a neighborhood grocery store, emergency services, hotel, medical care, churches, and a bus line.  Mr. Snyder responded that development partially creates its own synergy and demand for services.  He suggested the Council give a broad category definition and let the market fill itself in.  Council members Averett and Ivie both expressed concern for the ability to provide adequate fire services on the west side.

Councilman Higginson pointed out that no matter what is decided now, the market will change over time.  The Council and staff discussed the potential weaknesses and benefits involved with including a required ratio of residential and commercial uses.  Mr. Snyder agreed that the market is difficult to predict, and pointed out the mixed vote of the Planning Commission.  Councilwoman Ivie stated she is not ready to ignore the possibility of attracting larger uses to the area in the future.  Councilman Higginson responded that Fred Hale tried for years and was unable to attract larger commercial uses to his property on the corner of 1250 West and Parrish Lane.

Design Regulations

•    Design Principles – establish the expected contextual relationship of the built environment for enhancement of the functional system elements and uses of a “Mixed-Use Center.”
•    Design Standards – are required in addition to other standards set forth in the Ordinance and are indicated by the verb “shall.”
•    Design Guidelines – indicated additional actions that are to be taken to enhance the development design and achieve greater compatibility of development in the “Mixed-Use Center District.”

Councilwoman Fillmore stated she would prefer using the term “neighborhood” rather than “urban” in describing the desired feeling of the District.  Mayor Cutler asked Mr. Snyder for clarification regarding proposed parking restrictions in the area.  Mr. Snyder responded that the goal is to utilize as much ground as possible in the area to create a specific environment, avoiding excessive parking and landscaping.  Introducing a certain level of congestion slows traffic and improves safety.  Councilwoman Fillmore added that mixed-use development allows shared parking situations.  She said she feels it would be an improvement to have parking located primarily behind the buildings, not allowing parking lots to be placed right off the street, in front of buildings–creating a neighborhood feeling.  The Council and staff also discussed sidewalk requirements, front setback standards, and landscaping requirements in the proposed design standards.

Lisa Romney, City Attorney, encouraged the Council to complete the public hearing process before making changes.  The public hearing will be held later in the evening during the regular Council meeting, with a continuation of the public hearing on February 24th for stakeholders and March 3rd for the general public.

Planning Commissioner Logan Johnson arrived at 6:50 p.m.  He stated that once it was apparent that a FrontRunner stop would not be possible in the West Centerville Neighborhood, the perspective and debate regarding planning significantly changed.  Commissioner Johnson added that the Planning Commission put a lot of effort into the recommendation, which he said accurately reflects how the Commission feels.


Mayor Cutler adjourned the work session at 6:52 p.m.

____________________________        ___02-17-2015________
Marsha L. Morrow, City Recorder            Date Approved

Katie Rust, Recording Secretary

February 3, 2015

Minutes of the Centerville City Council meeting held Tuesday, February 3, 2015 at 7:00 p.m. in the Centerville City Hall Council Chambers, 250 North Main Street, Centerville, Utah.


Mayor                          Paul A. Cutler

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

MEMBER ABSENT        Lawrence Wright

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)


PRAYER OR THOUGHT     Councilman John Higginson


No one wished to comment.


The minutes of the January 13, 2015 work session, the January 20, 2015 work session, and the January 20, 2015 regular Council meeting were reviewed.  Councilman Higginson made a motion to approve all three sets of minutes.  Councilman Averett seconded the motion, which passed by unanimous vote (4-0).


Mayor Cutler described the process and timeline agreed on by the Council for receiving and considering the recommendation of the Planning Commission and public comments regarding the West Centerville Neighborhood.  Cory Snyder, Community Development Director, briefly described the Preferred Scenario for the proposed Parrish Legacy Mixed-Use Zone prepared under the direction of the City Oversight Committee.  The Council’s first action will be deciding whether or not to amend the City’s General Plan for the West Centerville Neighborhood.  The second consideration will be whether or not to implement the potential General Plan Amendment and use the Zoning Ordinance to begin a new direction for the area south of 200 North, east of 1250 West to the railroad tracks, proceeding south to the City boundary.  The Council will also consider a Text Amendment that would change the zoning, creating the Parrish Legacy Mixed-Use District.  The mixed-use concept is similar in model to the Legacy Crossing Development, intensified south of 200 North with a commercial base, and does not envision directly competing for a FrontRunner station stop at this time.

Mayor Cutler opened the public hearing at 7:15 p.m.

Mark Stanger – Mr. Stanger is a resident of West Bountiful.  He said he has attended many meetings regarding the proposal, and has never heard anyone (other than staff and Committee members) speak favorably of the proposed plan and how it would affect the business owners and existing residents in the area.  He asked the Council to have more consideration for Centerville voters and Centerville neighbors than he feels has been shown previously in the process.

Logan Johnson – Mr. Johnson is a member of the Planning Commission.  He said he supports the Zoning Amendment because he feels it will address the Council’s desire to make existing development more sustainable and merit reinvestment in the future.  He added that it allows for a wider variety of housing in the City, and he believes it will bring something that will support business and residents in the area.

Ted Tueller – Mr. Tueller is a Bountiful resident who owns a business in Centerville.  He asked if the pedestrian crossing is still planned, and where it would be located.

Rick Bingham – Mr. Bingham is a resident of Centerville.  He expressed the opinion that it would be short sighted to not press for a FrontRunner stop, and that a park in lieu of a FrontRunner stop is a big mistake.

Mark Green – Mr. Green is a resident of Bountiful, was raised in Centerville, and owns a business in Centerville in the subject area.  He stated he has found no one in support of the plan other than Committee members, Planning Commissioners, and City officials.  He stated he loves Centerville, and is proud to be American, but he feels the rights afforded to him as a property owner are being taken from him.  Mr. Green referred to a comment made in the work session earlier regarding inviting all to use the space.  He stated he does not want the public invited to use property he owns and has worked for.  Mr. Green said he is sympathetic to the desire for change, but somewhere the process has missed his rights as a property owner.  He said he has a desire to perpetuate his successful business.  He continued that he was taught that two wrongs never make a right, referring to the residential element introduced on the west side with the Legacy Crossing development.  He referred to the desire to provide for support services in the area, and stated there will not be enough space to support all the services he heard talk of on the thirty acres.  If the Council’s goal is to change the neighborhood, economics will have to play a part.  Mr. Green stated he is aware of potential businesses that would need more than the allowed maximum in the plan of 10,000 square feet.  He asked why there is a negative attitude toward the idea of a car dealership.  Mr. Green expressed appreciation for the ability to stand in public and voice his opinion for consideration.

Dale McIntyre – Mr. McIntyre is a resident of Centerville.  He agreed with Mr. Green’s comments.

Susan Ward – Ms. Ward is a resident of West Bountiful.  She expressed the hope that the Council has read the input and comments sent to them by residents in the area.  She said she thinks the proposed density would bring too many people, too much traffic, and she does not want to see a rural community turned into a big city.

Mayor Cutler suspended the public hearing at 7:33 p.m. to be continued on February 24, 2015 for stakeholders and March 3, 2015 for the general public.

Steve Thacker, City Manager, responded to the question regarding the pedestrian walkway by describing the pedestrian bridge over the freeway to be constructed in summer 2015.  Mayor Cutler responded to Mr. Green’s question regarding a car dealership stating that he is in favor of the dealership coming to Centerville, and he has offered to meet with representatives to discuss possibilities.  Councilman Higginson stated he is open-minded about the possibility of a car dealership, and agreed with Mr. Green that property rights are important.  Mayor Cutler invited Mr. Green to comment further.  Mr. Green stated that the potential developers have been scared off by the process, but he will work on encouraging them to reconsider.

Councilman Averett responded to the comment that there would not be space for all the desired services by explaining that the Council will be looking at a bigger picture, considering hundreds of acres on the entire west side of the City.  If the west side is built out the way it could be, the City needs to look at providing necessary services.  Centerville is short on hospitality services, and he feels hospitality services will be necessary to facilitate business growth.  Councilman Averett explained that the Council will be deciding the appropriate way to encourage growth.  He thanked those who commented for their valuable input.

Councilman Higginson made a motion to table the public hearing and further discussion until February 24th.  Councilwoman Fillmore seconded the motion, which passed by unanimous vote (4-0).


In 2007, the City voters approved the imposition of a RAP Tax (0.10% local sales and use tax) to fund the Performing Arts Center and other recreational and cultural facilities and organizations, set to expire in April of 2016.  Lisa Romney, City Attorney, described the procedures and timeline for placing RAP Tax renewal on the ballot in 2015, and suggested the descriptions of proposed uses for RAP Tax funds on the ballot remain general.  Mayor Cutler stated he anticipates a majority of the Council will be in favor of renewing the RAP Tax, and he does not see any reason to delay the process.  Councilman Higginson stated he is in favor of using RAP Tax funds for parks and the Whitaker Museum, but he hopes CPT has been planning for a future without RAP tax funds, as the original intent was for the tax to expire.  If the RAP Tax is renewed, it may be determined that CPT has needs for RAP Tax funds, but since renewal is not guaranteed, current planning should be done without these funds.  Mayor Cutler responded that he believes CPT could survive without RAP Tax funds, but the Theatre Board is aggressively approaching both Bountiful and Centerville for use of RAP Tax funds (on a smaller level than previously granted), as well as the County for Davis County Tourism Tax funds.

The Council and staff discussed the possibility of talking to Bountiful representatives about strategies for presenting renewal to the public without using City funds for promotion.  City Manager Thacker shared an experience he had as a City Manager in Colorado that emphasized the need for a group of citizens to actively promote the need for renewal.  Staff will be ready in March to help the Council initiate the formal process of getting RAP Tax renewal on the ballot.


In December 2014 the City Council (and RDA Board) approved a Betterments Agreement for two purposes: 1) to cost-share a new drainage culvert to be constructed under I-15 at Lund Lane; and 2) to commit the City to pay for upgraded fencing on the pedestrian bridge to be built this year along the north side of Parrish Lane between the interchange and 1250 West.  Several conditions were attached to the Council’s approval.  One of those pertained to staff’s discovery that a drainage pipe at Chase Lane had collapsed apparently from contractor’s work on the I-15 project.  The I-15 Project Manager recently contacted the City Manager and informed him that UDOT is willing to investigate and determine if the I-15 contractor is responsible for what has happened to the pipe, and if so, to apply pressure for a fair resolution.  However, this matter will not be resolved before the contractor must order the pipe for the Lund Lane culvert.  It was also noted that the City is seeking approval from the UDOT Aesthetics Committee in February for its preferred color scheme and fencing enhancements relating to the pedestrian bridge.  Both of these situations make it impractical for the Betterments Agreement – in the form already approved by the Council – to be approved in a timely manner to accommodate the Lund Lane culvert project.  Therefore, Mr. Thacker told the Council he agrees with the Project Manager’s recommendation for the Agreement to be broken into two agreements.

Councilman Averett made a motion to approve a Betterments Agreement with UDOT pertaining to the construction of a drainage culvert under I-15 at Lund Lane, with an estimated cost of $133,267 for Centerville’s 50% share.  Councilman Higginson seconded the motion, which passed by unanimous vote (4-0).


City Manager Thacker suggested a process and timetable for Council goal-setting.  The Council indicated support for following the recommended process, as well as a desire to include input from City committees in the process.


Mr. Thacker presented a financial report for the six-month period ending December 31, 2014.


•    Mayor Cutler recognized Jake Smith, Management Assistant, for the role he played in putting together the operational metrics that have been established for City departments.  Councilwoman Fillmore suggested that adding a per user/visitor cost to some of the categories would be helpful.
•    The Mayor updated the Council on Centennial Celebration preparations.
•    Mayor Cutler reported on a meeting he and Mr. Thacker recently attended for the 2040 Regional Transportation Plan.


•    Mr. Thacker reported that West Bountiful has received a grant to fund a bike lane on Pages Lane, ending at Main Street.


Councilwoman Ivie made a motion to approve the purchase of a 2015 Ford Explorer for the Police Department from Ken Garff Ford in the amount of $28,696.22.  Councilwoman Fillmore seconded the motion, which passed by unanimous vote (4-0).


At 8:40 p.m. Councilman Higginson made a motion to adjourn the Council meeting and move to a meeting of the Redevelopment Agency of Centerville. Councilwoman Ivie seconded the motion, which passed by unanimous vote (4-0).

____________________________        __02-17-2015_______
Marsha L. Morrow, City Recorder            Date Approved

Katie Rust, Recording Secretary