May 12, 2015 Special Meeting

Minutes of the Centerville City Council special meeting held Tuesday, May 12, 2015 at 5:00 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
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 Wright


Mayor Cutler explained that, in addition to considering Temporary Zoning Regulations (TZRO) for the South Main Street Corridor (SMSC) Overlay District, he would like the Council to consider beginning the process to amend City ordinance to cap residential density for any mixed-use commercial development in the SMSC Overlay District, and consider changing City ordinances so that properties less than five acres in size could be eligible for a Planned Development Overlay (PDO).   He reported that Brighton Homes has shown a willingness to meet with residents to discuss options regarding the development of property between 300 South and Porter Lane on Main Street.

Councilman Wright asked if any Council members have been involved in discussing the current application with Planning Commissioners, and if any Council members have been involved in direct negotiations with the developer, Brighton Homes.  Mayor Cutler responded that he has been representing the City in discussions with Brighton Homes, and has not discussed the issue with any Planning Commissioners.  The Mayor stated he asked Councilman Averett to join him in the first meeting with Brighton Homes because of his professional experience and expertise.  Councilman Averett stated that he declined a request by Brighton Homes to meet prior to their application, feeling that it would be inappropriate.  After an application is filed, he said he feels Council members have a responsibility to communicate the Council’s willingness to negotiate, to hopefully end up with a project the citizens and developer can be happy with.  Councilman Averett said he believes that in retaining legal counsel, Brighton Homes is letting the City know that they have options.  Councilwoman Fillmore said that, as a Planning Commissioner, she felt her role was to evaluate an application based on land use.  However, as a Council member, she feels it is her role to bring people to the table to achieve the best results possible.  She said that when she found out Brighton Homes removed their invitation to meet with citizens prior to the Planning Commission meeting, she contacted Brighton and asked them to please come back to the negotiating table.  She did not attend or participate in the discussions, but Brighton did meet with citizens, and has expressed willingness to continue to negotiate.  Councilman Averett and Councilwoman Fillmore both stated they have not spoken to any member of the Planning Commission regarding this application and, contrary to rumor, have no financial interest in the matter.  Council members Higginson and Wright both stated they have not spoken with members of the Planning Commission, and have not participated in negotiations or discussions with Brighton Homes.  Councilwoman Ivie stated she has not met with the developer or Planning Commission members, and has avoided “muddying the waters.”  Mayor Cutler said he believes it is the Council’s job to share information and help people understand the legal process that has to be followed, the property rights that property owners and developers have, and what tools are available.  He said he feels that bringing people together to find solutions is the Council’s job.  Councilwoman Ivie disagreed, stating she feels it is her primary job to listen to the citizens, not the developer.  Ms. Romney said that it has often been her advice to Planning Commission and City Council members to refrain from talking to developers or others outside the public process when there is a pending application.

Mayor Cutler explained that the SMSC Overlay District runs from the Dick’s Market area at Parrish Lane along Main Street to Pages Lane.  Ms. Romney confirmed that the Council could reduce the area of study in the TZRO if desired.  Mayor Cutler pointed out the many restrictions involved with a TZRO for property owners.  Councilman Wright added that the last thing he would want is for someone to move away because the neighborhood is no longer what they envisioned.

Mayor Cutler recommended the Council begin the process to revise density limits in the SMSC Overlay District since the Council seems to be in agreement that density should be capped, in addition to the TZRO.  Councilman Wright responded he does not see the logic in beginning the process to cap density since the TZRO accomplishes the same thing.  Mayor Cutler pointed out that the Council is not in complete agreement regarding the approach that should be taken and what should be studied and changed, but is in agreement regarding density.  The process to amend City ordinances to cap the density will take at least six weeks.  Councilman Higginson expressed a desire to negotiate with the developer to get the best possible development for the neighborhood, and expressed frustration with rumors that have been spread.  He pointed out that, until the May 5th Council meeting, the Council did not have consensus to implement a TZRO.  Councilman Higginson added that he is still not sure it is the right way to go.  Councilman Wright said it would be doing the citizens a disservice to argue for six months.  He said he does not think it will take six months if the Council works together.  Mayor Cutler expressed a desire to move forward, and repeated the suggestion to start the process to adjust the PDO Ordinance and cap density in the SMSC Overlay District.  The Council can try to make all the changes at once, or choose to solve one step at a time.

Lisa Romney, City Attorney, explained the pending ordinance doctrine.  Councilwoman Fillmore stated she is not opposed to using a TZRO, but she has a lot of respect for the process and does not want to use a TZRO inappropriately.  Councilman Wright said he considers a TZRO to be a natural part of the planning process.

The Mayor asked the Council to consider reducing the area included in the TZRO, or removing building permit restrictions from the TZRO.  The Council discussed his suggestion.


At 5:55 p.m. Councilwoman Fillmore made a motion to move into a closed session to discuss pending or reasonably imminent litigation.  Councilman Higginson seconded the motion, which passed by unanimous vote (5-0).  In attendance were: Paul A. Cutler, Mayor; Council members Averett, Fillmore, Higginson, Ivie, and Wright; Steve Thacker, City Manager; Lisa Romney, City Attorney; and Katie Rust, Recording Secretary.

The Council returned to open meeting at 6:25 p.m.

Councilman Wright made a motion to adopt Ordinance No. 2015-05 establishing a TZRO within the SMSC Overlay District, with direction to strike building permit restrictions from the Ordinance.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).

The Council discussed the suggestion to have staff prepare a text amendment and start the process with the Planning Commission to establish a density cap for the SMSC Overlay District, and revisit acreage requirements for PDOs.  Councilman Higginson made a motion to direct staff to prepare a text amendment for the SMSC Overlay District related to capping residential densities at R-M levels for any mixed-use as part of a commercial development, and to revisit the acreage restrictions on PDOs.  Councilwoman Fillmore seconded the motion.  Council members Wright and Averett expressed concern for the demand on staff time.  City Manager Thacker stated he is not opposed to the motion.  The motion passed by majority vote (3-2), with Council members Averett, Higginson, and Fillmore voting in favor, and Council members Wright and Ivie dissenting.  Councilman Higginson left the meeting at 6:30 p.m.


At 6:31 p.m. Councilman Wright made a motion to adjourn the meeting.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (4-0).

___________________________        ___06-02-2015____
Marsha L. Morrow, City Recorder            Date Approved

Katie Rust, Recording Secretary