May 19, 2015

Minutes of the Centerville City Council regular meeting held Tuesday, May 19, 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 (arrived at 7:05 p.m.)
Tamilyn Fillmore
John T. Higginson
Stephanie Ivie
Lawrence Wright

STAFF PRESENT        Steve Thacker, City Manager
Blaine Lutz, Finance Director/Assistant City Manager
Lisa Romney, City Attorney
Cory Snyder, Community Development Director
Katie Rust, Recording Secretary

VISITORS            Interested citizens (see attached sign-in sheet)

PLEDGE OF ALLEGIANCE

PRAYER OR THOUGHT    Councilwoman Ivie

OPEN SESSION

Patricia Hedrick – Ms. Hedrick expressed concern for student safety at the school crossing at Parrish Lane and Main Street.  She suggested adding a second crossing guard at that location.  Ms. Hedrick also suggested an electric sign to announce City news and meetings to let people know what is happening.

Dale McIntyre – Mr. McIntyre said he was very pleased with the inspired and uplifting Centennial Celebration event on May 17th.  He also stated he was pleased that all five Council members voted to require candidate financial disclosure prior to the primary election.

YOUTH CITY COUNCIL

Youth Mayor Jessica Greer reported on Youth Council activities during 2014-2015. Lisa Summers, Youth Council Advisor, recognized the outgoing Youth Council members:

Jessica Greer, Youth Mayor        Jenna Lewis
Abbie Hodgson                           Jeremiah Moore
Abigail Wadley                           Jordan Hawkes
Brenna Wilkinson                       Rachel Creer
Brittney McDonald                     Spencer Vorgrinec
Hannah Klein                              Valarie Beer
Jens Fillmore

SUMMERFEST

Emma Dugal, Executive Director of the Bountiful Davis Arts Council, introduced her assistant, Alysa Revell, and reported that the Arts Council has moved into their new location on Main Street in Bountiful.  Summerfest will be held August 5th – 8th.  Ms. Dugal thanked Centerville City for continued sponsorship, and asked the Council to get the word out regarding the need for host families.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the May 5, 2015 work session and regular Council meeting, and the May 12, 2015 special meeting and closed meeting were reviewed.  Councilman Higginson made a motion to accept the May 5th work session and regular meeting minutes.  Councilwoman Fillmore seconded the motion, which passed by unanimous vote (5-0).  The Council chose to table approval of the May 12th minutes until the next meeting.

SUMMARY ACTION CALENDAR

a.    Approve extension of Independent Auditor’s contract
b.    Begin warranty period for Chick-Fil-A

Councilman Wright requested the Council consider the two items on the Summary Action Calendar separately.  Councilman Wright made amotion to approve item (b) on the Summary Action Calendar.  Councilman Higginson seconded the motion, which passed by unanimous vote (5-0).  Councilman Wright said he agrees with the extension of the Independent Auditor’s contract this year, but said he would prefer to put auditor services up for bid next year.  Councilman Wright made a motion to approve item (a) on the Summary Action Calendar, approving a one year extension of the Independent Auditor’s contract.  Councilman Higginson seconded the motion, which passed by unanimous vote (5-0).

MUNICIPAL CODE AMENDMENT – SECTION 2-03-110 – CAMPAIGN FINANCE DISCLOSURE STATEMENTS – ORDINANCE NO. 2015-07

Lisa Romney, City Attorney, explained that she prepared Ordinance No. 2015-07 according to Council direction to follow State law regarding campaign finance disclosure, with the addition of disclosure prior to the primary election.  The penalty for not complying with disclosure requirements prior to the general election is removal from the ballot.  She asked the Council for confirmation that the same penalty would apply for failure to comply prior to the primary election.  Responding to a question from Councilman Wright regarding campaign expenditures on credit cards, Ms. Romney explained that recent amendments to State law now define an expense is reportable when the charge is incurred on a credit card.

Councilwoman Ivie made a motion to adopt Ordinance No. 2015-07 amending Section 2-03-110 of the Centerville Municipal Code regarding campaign finance disclosure statements, with the addition of a sentence clarifying the penalties for failing to file prior to the primary election.  Councilman Higginson seconded the motion, which passed by unanimous vote (5-0).

PUBLIC HEARING – ZONING ORDINANCE TEXT AMENDMENTS – SIGNS PERMITTED IN ALL ZONES – ORDINANCE NO. 2015-08

Cory Snyder, Community Development Director, explained the recommendation from the Planning Commission for Text Amendments regarding signs permitted in all zones.  The recommendations include three-foot setbacks in commercial zones, and no setback requirements in residential zones.  The Council discussed size restrictions, and Councilman Averett argued against excessive visual pollution.  Mr. Snyder stated that the previous Council gave direction that staff is to conduct occasional sweeps when visual pollution builds up in the commercial corridors.  He asked if the current Council would like staff to continue with the same practice.  Councilwoman Fillmore commented that sign clutter contributes to the impression given by the City.  She said she is comfortable with the proposed changes, and with conducting regular sweeps.  Mr. Snyder said that sweeps have typically occurred every month to month and a half.  Councilman Wright expressed confidence that candidates will be self-monitoring.  Mayor Cutler stated that the City needs some level of proactive enforcement to deal with sign clutter, and suggested every two weeks.  The Mayor pointed out that the City cannot treat the campaign period differently.  Councilwoman Fillmore suggested sweeps of the commercial corridors once a month.  Councilman Wright suggested that, to be consistent with other enforcement, they could go with complaint-based sign ordinance enforcement.  Mayor Cutler agreed, with the exception of a periodic sweep in the commercial corridors.

At 8:00 p.m. Mayor Cutler opened a public hearing.

Patricia Hedrick – Ms. Hedrick asked for a definition of the types of signs included in the discussion.  She repeated that she is interested in an electronic sign for the City as a benefit for the citizens.

The Council clarified that the portion of the code under consideration involves signs by right.  Electronic signs are not allowed in certain areas of the City.

Mark Gabriel – Mr. Gabriel asked if the City gives public notification of these ordinances to citizens.  Many property owners do not know what the ordinances are.  The Mayor responded that the ordinance is available on the City website.  Mr. Gabriel emphasized that whatever the rules end up being, they need to be lived by.

Dale McIntyre – Mr. McIntyre stated he is in favor of free speech, but said that attachments to signs that can pose a safety hazard (i.e., balloons and flags) should be addressed.  Mr. Thacker responded that attachments are not allowed in the current Sign Ordinance, other than for grand openings.

Patricia Hedrick – Ms. Hedrick asked if garage sale signs are included in the Ordinance.  The Mayor responded that garage sale signs are prohibited within the public right-of-way or park strips in the current Sign Ordinance.

Mayor Cutler closed the public hearing at 8:08 p.m.  Councilwoman Fillmore made a motion to approve Ordinance No. 2015-08 amending Section 12-54-080 of the Centerville City Zoning Ordinance regarding signs permitted in all zones, and direct staff to conduct monthly sweeps of Parrish Lane and the South Main Street Corridor for sign violations.  Councilman Averett seconded the motion.  Councilman Wright motioned to amend the motion, removing the three-foot setback in commercial zones, and directing staff to conduct quarterly sweeps of the commercial corridor.  Councilwoman Ivie seconded the motion to amend.  Mr. Snyder explained that the recommended setback is intended to prevent encroachment of signs in the sidewalk area, as well as preserve the visual, aesthetic appeal of the Parrish Lane area.  The Council continued to discuss setbacks and frequency of sweeps.  Councilman Wright amended his motion to amend to include a one-foot setback in commercial areas, and quarterly sweeps of the commercial corridor.  Councilwoman Ivie seconded the motion to amend, which failed to pass (2-3), with Council members Wright and Ivie in favor, and Council members Averett, Fillmore, and Higginson dissenting.  Councilman Wright made a motion to amend the original motion to approve Ordinance 2015-08 with the three-foot commercial setback and sweeps every two months, which failed for lack of second.  The original motion to approve Ordinance 2015-08 and direct staff to conduct monthly sweeps passed by majority vote (3-2), with Council members Averett, Fillmore, and Higginson in favor, and Council members Ivie and Wright dissenting.

MUNICIPAL CODE AMENDMENTS – SECTION 11-01-160 – STREET NAME AND ADDRESSING REGULATIONS – ORDINANCE NO. 2015-09

The proposed Ordinance No. 2015-09 would add a new section to the Municipal Code.  The City has received a request to add a street name to the officially assigned street numeric label.  Staff thought it advisable for the City Council to adopt policies and regulations regarding such request prior to responding.  Ms. Romney described the requirements in the proposed Ordinance.  Councilman Wright suggested the Ordinance require a public hearing as part of the process.  The Ordinance specifies that all costs associated with the application should be born by the applicant, but does not specifically address the issue of replacing street signs.

Councilman Higginson made a motion to approve Ordinance 2015-09 enacting Section 11-01-160 of the Centerville Municipal Code regarding street name and addressing regulations, including the addition of a public hearing.  Councilwoman Fillmore seconded the motion.  Councilman Averett suggested requiring the applicant to collect a certain percentage of registered property owners’ signatures in favor of the change instead of, or in conjunction with, a public hearing.  Councilman Higginson amended his motion directing staff to include the requirement that 75% of property owners on the street must approve the change by signature.    Councilwoman Fillmore seconded the amendment.  Councilman Wright made a motion to table the issue to allow staff time to draft language that includes the two suggested components.

Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).

SOUTH MAIN STREET CORRIDOR ZONE

City Manager Thacker presented a proposed schedule, with target dates, for action regarding review of the South Main Street Corridor Plan and Overlay Zone and proposed Zoning Ordinance Amendments.  Councilman Wright mentioned a suggestion made by Councilwoman Fillmore that the Council have a month of listening, with a public hearing at every Council meeting in June, as well as accepting comments electronically.  Mayor Cutler invited public comment.

Cami Layton – Ms. Layton commented that the first week of June is a busy week with school getting out for the summer, and suggested the Council reconsider the first public hearing.

Carol Bake – Ms. Bake agreed that the first week of June is a busy week, but pointed out that for many citizens it is the week before vacations start.

Mayor Cutler agreed with the suggestion to hold multiple public hearings.  Councilwoman Fillmore encouraged Council members to attend the Planning Commission public hearing, and the Planning Commissioners to attend the Council public hearings.  The following schedule was agreed on:

Public hearing during regular Council meeting              June 2

Electronic comments will be accepted between June 2 and July 1.

Public hearing during Planning Commission meeting         June 10

At the June 10th meeting, the Planning Commission would proceed with the process to cap residential density at Residential-Medium, and the process to amend the Zoning Code to allow the PDO option for areas less than five acres in size.

Public hearing during regular Council meeting            June 16

Meeting with property/business owners within the SMSC        June 17

Travis Davis – Mr. Davis said he does not understand why the City would hold a separate meeting with business owners.  He suggested the property owners and residents could comment at the same meetings.

Mayor Cutler responded that the Council met with property owners as part of the previous SMSC planning process to understand their concerns and discuss what might motivate them to invest in their property.  Mr. Thacker commented that the property owners may be more willing to discuss openly in a setting other than a potentially charged public hearing.  The meeting on June 17th will be a public meeting, with everyone welcome.  If property owners are unable to attend the meeting on June 17th, they are welcome to comment at one of the other public hearing opportunities.  Councilwoman Fillmore agreed that it is important to be respectful of property owners when zoning changes are considered.

The Council took a break from 8:59 p.m. to 9:10 p.m.

PROPOSED COMPLETE STREETS POLICY

Mr. Thacker stated that the intent of the proposed Complete Streets Policy is to consider opportunities to accommodate users other than automobiles as redevelopment occurs.  Councilman Wright pointed out that the Policy should consider all elements in an area, and repeated his desire to have power lines on Main Street put underground.  Councilman Wright stated that, in his opinion, the utility companies should bear the cost of putting the power lines underground in the interest of public safety.  Councilwoman Fillmore added that the Complete Streets Policy is the macro level, and then the first micro application could be the Main Street Public Space Plan, which is a priority set by the Council for this year.  Mr. Thacker asked the Council to clarify whether this is a priority.

Councilwoman Fillmore made a motion to adopt the Complete Streets Policy as written and direct staff to bring back recommendations regarding how to implement the Policy.  Councilman Wright seconded the motion.  Councilwoman Ivie commented that portions of the Policy feel to her like overregulation.  The motion passed by unanimous vote (5-0).

FINANCIAL REPORT

Blaine Lutz, Finance Director/Assistant City Manager, presented a Financial Report for the period ending April 30, 2015.

MAYOR’S REPORT

•    The Council and Mayor commented on the success of the Centennial Celebration event on May 17th, and expressed appreciation for all of the citizens who made it possible.
•    Mayor Cutler reported that the Fire Agency Board has agreed to move forward with drafting a proposal to create a Fire District that would be focused only on capital improvements.
•    The Mayor reported that UTOPIA is doing better financially than it has in the past.  If all cities pay their assessments, there will be no need for assessments in FY 2016.  A number of cities have begun paying assessments again, and Mayor Cutler asked if the Council would be willing to pay assessments for the last three months of this year as a show of support.  He said if all the cities would pay their past due assessments, UTOPIA would not need to have future assessments to the cities.  UTOPIA will continue invoicing the cities for at least another six months.  A work session will be held on June 16th regarding UTOPIA.

CITY MANAGER’S REPORT

•    City Manager Thacker and the Council discussed dates and topics for work sessions in May and June.  A public hearing regarding the FY 2016 Tentative Budget will be held at 6:00 p.m. on June 9th, and will be continued to the June 16th meeting.  Mr. Thacker commented that he will be interviewing each employee of the Police Department prior to the Police Chief’s retirement.
•    Mr. Thacker reported that the air conditioner in the concessions building at Community Park needs to be replaced.  The estimated cost of replacement is around $6,000.

RDA MEETING

At 10:01 p.m. Councilman Wright made a motion to move to a meeting of the Centerville Redevelopment Agency. Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).  In attendance were: Paul A. Cutler, Chair; John T. Higginson, Vice Chair; Directors Averett, Fillmore, Ivie, and Wright; Steve Thacker, Executive Director; Blaine Lutz, Finance Director; Lisa Romney, City Attorney; and Katie Rust, Recording Secretary.

The Council returned to regular meeting at 10:18 p.m.

APPOINTMENT

Mayor Cutler reported that he has received applications for the Planning Commission from three individuals, all three of whom have spoken against the current Brighton Homes application in public meeting, and would be encouraged to recuse themselves from that issue if appointed.  Mayor Cutler recommended the Council appoint Cheylynn Hayman to a three-year term on the Planning Commission.  The Council discussed the recommendation.  Councilman Averett stated that he can support the recommendation, but suggested that the next individuals appointed to the Planning Commission not be appointed based on professional qualifications.  Councilwoman Fillmore made a motion to appoint Cheylynn Hayman to a three-year term on the Planning Commission.  Councilman Averett seconded the motion, which passed by majority vote (3-2), with Council members Ivie and Wright dissenting.

ADJOURNMENT

At 10:31 p.m. Councilman Wright made a motion to adjourn the meeting.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (6-0).
___________________________        ___06-02-2015______
Marsha L. Morrow, City Recorder            Date Approved

________________________________
Katie Rust, Recording Secretary

May 19, 2015 Work Session

Minutes of the Centerville City Council work session held Tuesday, May 19, 2015 at 5:10 p.m. at the City Hall Council Chambers, 250 North Main Street, Centerville, Utah.

MEMBERS PRESENT

Mayor                          Paul A. Cutler

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

MEMBER ABSENT        Ken S. Averett

STAFF PRESENT        Steve Thacker, City Manager
Blaine Lutz, Finance Director/Assistant City Manager
Katie Rust, Recording Secretary

BUDGET WORK SESSION

Steve Thacker, City Manager, explained staff’s recommendation for a 5% increase in the culinary water rate in FY 2016.  The rate was not increased last year, and the 5% increase is recommended to avoid a much larger increase down the road.  The Public Works Director and City Engineer will complete a revision and integration of the Street Maintenance Plan and the Water System Capital Plan by November of this year, at which time the Council can evaluate how to financially meet the need to replace old water mains in the roadways in the future.  The City’s current water rate increase policy directs maintaining between 200-300 days of cash on hand, and funding 100% of depreciation.  Councilman Wright asked how the rate would be affected if 365 days of cash on hand were maintained.  Blaine Lutz, Finance Director, responded that the change would need to be studied.  It would depend on how the Council chooses to replace the system in the next couple of years; a pay-as-you-go approach would require more of an increase in the rate.  Mr. Thacker stated that staff feels the recommended 5% increase this year is a good planning estimate that would hold the City even while the Street Maintenance Plan and Water System Capital Plan are revised.  After discussing the options, all four Council members in attendance indicated they feel the 5% increase is justifiable to keep up with the impact of inflation on the water system’s O&M costs, since rates were last increased two years ago.

Mr. Thacker explained his proposal for street maintenance funding in the FY 2016 Tentative Budget.  In addition to appropriating $650,000 in the Budget for street maintenance, he recommends that the approximately $150,000 that will be unspent at the end of FY 2015 – of the $730,000 originally budgeted in the General Fund for the 2015 annual street contracts – be moved from the General Fund to a Capital Projects Fund.  Expenditures in FY 2016 in the Capital Projects Fund would not be included in the base amount used by the State to determine whether the City is complying with the “maintenance of effort” provision of HB 362 in future years.

ADJOURNMENT

Mayor Cutler adjourned the work session at 5:57 p.m.

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

___________________________
Katie Rust, Recording Secretary