May 5, 2015

Minutes of the Centerville City Council meeting held Tuesday, May 5, 2015 at 7:09 p.m. in the Centerville City Hall Council Chambers, 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
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    Councilman Averett

OPEN SESSION

Dale McIntyre – Mr. McIntyre referred to the campaign finance item on the agenda, and suggested that campaign contribution disclosure be required prior to a primary election.  He expressed his desire to know who is paying for the candidates before he votes in the primary election.

Marti Money – Ms. Money is a resident of the Shaela Park neighborhood.  She expressed concern regarding proposed high-density development directly north of Shaela Park.  She said she and her neighbors would support medium density, but not high density.  Ms. Money informed the Council that a petition is being circulated that addresses both proposed developments on Porter Lane.

Robyn Mecham – Ms. Mecham said that listening to the Council during the work session, she got the impression that some Council members believe the citizens would like to remove commercial from the South Main Street Corridor Plan.  She stated that no one is trying to take commercial away from the property owners.  Property owners have a right to the commercial component, but the City should not give them the density to make commercial successful.  If commercial is not viable without the high density, she expressed confidence that the property owners will be willing to accept a different density.  Ms. Mecham also pointed out that the Council has no way of knowing if developers are negotiating with other property owners on Main Street.  She stated that the Council needs to work as fast as possible to lower the density.  She said she is not sure it is necessary to pay a consultant to study commercial viability, because no one is trying to take commercial away.

Brita Johnson – Ms. Johnson expressed concern with the proposed higher-density development just west of 400 West on Porter Lane.  She said she saw high-density development cause problems with schools in Logan, and also expressed concern with traffic/pedestrian safety.

Jeff Thomas – Regarding the campaign finance item on the agenda, Mr. Thomas encouraged the Council to make sure whatever is adopted is as transparent as possible.  He said he likes to see who is supporting the candidates.

Kyle Green – Mr. Green said he also likes to see who is financially supporting the candidates in an election.  He stated he is in support of transparency at every level, and that every penny should be accounted for.  Regarding the South Main Street Corridor Plan, Mr. Green said it is the developer/property owner who should pay for a study to determine if commercial is viable, not the City.  He agreed with Ms. Mecham that it is not the City’s responsibility to provide the density to make commercial work.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the April 21, 2015 work session and regular Council meeting were reviewed.  Mayor Cutler requested a change to the regular meeting minutes.  Councilman Higginson made a motion to approve the April 21, 2015 work session minutes, and the regular meeting minutes as amended.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).

URMMA PRESENTATION

Paul Johnson, Executive Director of the Utah Risk Management Mutual Association (URMMA), explained a proposal to open up URMMA membership to special service districts.  The Interlocal Agreement specifically only includes municipalities.  An amendment to the Agreement would require approval of each member city council.  Mr. Johnson said he does not anticipate that many special service districts would want to join.  The requesting district is a relatively small fire district.  Service districts, generally speaking, are sued less than municipalities.  Mr. Johnson stated that allowing service districts to join would most likely not have a financial effect on Centerville.  All applicants are thoroughly vetted prior to acceptance by URMMA.  The Council seemed to indicate support.

FINANCIAL REPORT

Blaine Lutz, Finance Director/Assistant City Manager, answered questions from the Council related to the Financial Report for the period ending March 31, 2015.

AMEND FY 2015 BUDGET

Mr. Lutz explained proposed FY 2015 Budget amendments included in Resolution No. 2015-06.  At 7:51 p.m. Mayor Cutler opened a public hearing regarding the proposed amendments.

William Ince, Centerville Planning Commission – Commissioner Ince expressed surprise that the City Hall roof already requires replacement.  Mr. Lutz responded that City Hall is 21 years old, and explained the roofing changes/improvements that will be made.

Mayor Cutler closed the public hearing at 7:54 p.m.  Councilman Wright made a motion to adopt Resolution No. 2015-06 amending the Fiscal Year 2015 Budget of Funds and Accounts for Centerville City and giving an effective date of May 5, 2015.  Councilman Higginson seconded the motion, which passed by unanimous vote (5-0).

SUMMARY ACTION CALENDAR

a.    Award bid for re-roofing City Hall
b.    Award bid for the 2015 Street Overlay Project
c.    Accept Public Utility Easements for Island Parcel lot split

Lisa Romney, City Attorney, explained item (c) on the Summary Action Calendar.  Councilman Wright made a motion to approve all three items on the Summary Action Calendar.  Councilman Higginson seconded the motion, which passed by unanimous vote (5-0).

MUNICIPAL CODE AMENDMENT – REPEAL SECTION 2-03-110 – CAMPAIGN FINANCE STATEMENT

The Council discussed campaign finance requirements with Ms. Romney.  Ms. Romney recommended the Council adopt State law in place of the outdated City Ordinance.  State law currently requires financial disclosure after a primary election, and no later than seven days prior to a general election.  Councilwoman Fillmore stated she understands the benefits of adopting the State Code for uniformity, but stated that the question of financial disclosure prior to a primary election is a valid point.  She suggested that those wanting to see the requirement in the State Code for State elections could lobby at the State level.

Councilman Wright made a motion directing staff to draft an ordinance that adopts State law regarding campaign finance with the addition of a municipal reporting requirement prior to primary elections.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).

PUBLIC HEARING – ZONING CODE TEXT AMENDMENT, CHAPTER 12-60, ACCESSORY DWELLING UNITS (ADUs)

On March 25, 2015, the Planning Commission reviewed and recommended approval of proposed amendments to the Centerville Zoning Ordinance regarding Accessory Dwelling Units (ADUs) by majority vote.  Cory Snyder, Community Development Director, briefly explained the proposed amendments.  The size and occupancy component is based on the International Building Code occupancy limit of 200 square feet per resident. The owner occupancy component would allow the homeowner to occupy either the primary residence or the ADU.  The Council discussed whether ADUs should be a conditional use, with Planning Commission review, or a permitted use.  Impact fees are an unresolved matter.  Mr. Snyder explained Planning Commission recommendations, and Ms. Romney recommended the Council direct staff to review impact fee studies before making changes.

Mayor Cutler opened a public hearing at 8:27 p.m.

Nancy Smith – Ms. Smith asked if ADUs could also be allowed on single-family dwellings in Residential-Medium Zones, rather than restricting to Agricultural and Residential-Low Zones.

Kyle Green – Regarding impact fees, Mr. Green stated that increased use of services would be offset by increased utility fees.  He also suggested that all parking should take place off the street to maintain the appearance of single-family neighborhoods.

William Ince – As a member of the Planning Commission, Commissioner Ince voted against the 25% size restriction because he believes more flexibility should be given – i.e. allowing more than 25% of floor area to be used for an ADU.

Lee Skabelund – Mr. Skabelund stated he is in favor of ADUs.  He said he feels the 25% limit is too restrictive.  He agreed that off-street parking should be provided.  He is not in favor of impact fees, because increased use is paid for with increased utility fees.  Mr. Skabelund cautioned against micromanaging, and added that there is no better landlord than an owner-occupant.

At 8:39 p.m. the Mayor closed the public hearing.

Steve Thacker, City Manager, stated that the different impact fees should be considered separately, giving thought to the rationale behind each impact fee.  Responding to Ms. Smith’s comment, Mr. Snyder stated that Residential-Medium Zones are already multi-family zones.  ADUs are meant for single-family neighborhoods.  The 25% size restriction is the controlling unit for occupancy and parking.  Councilman Averett stated that parking is the biggest issue.  Mr. Snyder added that the proposed ordinance is not intended to put all existing units in compliance.  Councilwoman Fillmore suggested the size restrictions could be different for attached units and detached units.  Mr. Snyder responded that different size allowances would add complications.  The Mayor invited two additional public comments.

Kyle Green – Mr. Green mentioned that in Logan up to three unrelated individuals are allowed to live in the same unit.  He said he believes parking restrictions would be the easiest way to mitigate the occupancy issue.

Nancy Smith – Ms. Smith asked if an ADU would be allowed on a duplex or a fourplex property.

The Council and staff discussed impact fees.  Councilman Wright made a motion to table the issue and schedule a work session for staff to make a report and recommendation within the next two months.  Councilwoman Ivie seconded the motion, and requested an additional public hearing following the work session. The motion passed by unanimous vote (5-0).  Mayor Cutler expressed appreciation for the time spent by the Planning Commission on this issue.

At 9:06 p.m. the Council took a break, returning at 9:11 p.m.

FY 2016 BUDGET

Mr. Thacker presented the City Manager’s Proposed Budget for FY 2016.   Councilman Wright made a motion to adopt the Proposed Budget as the FY 2016 Tentative Budget, and allow the Mayor and City Manager to recommend a meeting schedule and public hearing date at the May 19th meeting.  Councilman Higginson seconded the motion, which passed by unanimous vote (5-0).

RDA MEETING

At 9:20 p.m. Councilman Wright made a motion to adjourn to a meeting of the Redevelopment Agency of Centerville.  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 9:21 p.m.

COMPLETE STREETS POLICY

Councilman Wright made a motion to table discussion of the Complete Streets Policy.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).

MAYOR’S REPORT

•    Mayor Cutler reported that he recently participated in a Gigabit Networks in Utah panel discussion with Google.
•    The Fire Agency Board has been working diligently on the Fire District proposal.  Ideas are being discussed regarding oversight.
•    The Mayor reported on the progress of the Centennial Celebration.  Council members are encouraged to participate in the Day of Service on May 9th, and in the adult choir for the May 17th event.
•    The Council appeared to agree with the Mayor’s suggestion that the City extend the existing contract for independent auditing services, to minimize the impact on Finance staff this year.

CITY COUNCIL LIAISON REPORT

Councilman Higginson gave a brief update on the Mosquito Abatement District and the Wasatch Integrated Waste Management District.

CITY MANAGER’S REPORT

Mr. Thacker reported that UDOT is moving ahead with installation of traffic signals at the 1250 West/Parrish Lane intersection.  Councilwoman Fillmore offered to research betterment possibilities and report on this at the May 19th meeting.  The Centerville Community Foundation Chair has solicited an in-kind donation of a concrete sign.  Mr. Thacker suggested the 1250 West/Parrish Lane intersection would be a good location for a “Welcome to Centerville” sign.

APPOINTMENT

Mayor Cutler recommended Laura Toney be appointed to the Whitaker Museum Board.  Councilman Wright made a motion to appoint Laura Toney to the Whitaker Museum Board.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).

ADJOURNMENT

At 9:45 p.m. Councilman Averett made a motion to adjourn the meeting. Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).

___________________________        ___05-19-2015_______
Marsha L. Morrow, City Recorder            Date Approved
________________________________
Katie Rust, Recording Secretary

May 5, 2015 Work Session

Minutes of the Centerville City Council work session held Tuesday, May 5, 2015 at 5:30 p.m. at the City Hall Council Chambers, 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
Blaine Lutz, Finance Director/Assistant City Manager
Cory Snyder, Community Development Director
Lisa Romney, City Attorney
Katie Rust, Recording Secretary

SOUTH MAIN STREET CORRIDOR

At the April 21 Council meeting, the City Council agreed to meet in a work session to discuss the scope of work relating to a review of the South Main Street Corridor Plan/Ordinances, and the potential use of consultants in this review process.  Mayor Cutler recommended the Council define the scope of work for an independent consultant regarding the viability of commercial development on Main Street, particularly between 300 South and Porter Lane, and obtain the information in a short time period to make decisions regarding that portion of Main Street.  The existing South Main Street Corridor Plan is based on the assumption that commercial is viable on Main Street.  Councilwoman Fillmore pointed out that this could be an opportunity to combine some of the goals prioritized by the Council for 2015 – conduct a study regarding the economic feasibility of an RDA, and finish the public space portion of the Plan – with the desire to re-evaluate and tweak the Plan.  Mayor Cutler stated he would be interested in phasing or separating the different components for study in the interest of time.  Councilwoman Ivie said she would prefer to keep the study broad, looking at the whole overlay area.

Councilman Wright stated that most of the public comments have been focused on residential density.  He read aloud a portion of the Plan regarding the purpose, and commented that he does not feel the existing application submitted by Brighton Homes is in line with the stated goals, primarily the goal to “foster a small town atmosphere”.  Councilman Wright said the Council should first gather public opinion regarding what citizens would like to have in that part of the community for a baseline.  Mr. Snyder explained that the basic purpose of form-based code is to recreate the street-scape in small-town America, and reminded the Council that the existing application has not been approved and may change before the process is completed.  Councilman Higginson commented that a lot has changed since the Plan was put in place in 2007.  He said he is in favor of looking at the economic feasibility of different commercial land types, as well as what the citizens would like to see happen.  Councilman Higginson added that he does not think the South Main Street Corridor will ever become the commercial heart of Centerville.  Councilwoman Fillmore said she feels the Council should have data regarding what could be successful before making changes.  Councilwoman Ivie said she feels the Council should place a moratorium on further development to allow time to gather the data and really look at it.  Councilman Averett said that, regardless of the extent of the evaluation, a key component is the viability of commercial.  If it is deemed not viable, the zoning should be changed.  Councilman Averett said he thinks a study could be done quickly.  He stated he feels the City owes an economic feasibility analysis to both the citizens and the property owners before changes are made to the Plan.  Mayor Cutler agreed that it makes sense to first obtain data regarding economic feasibility, and then use the data when gathering public opinion.  Councilman Wright disagreed, stating that gathering public opinion regarding residential density should come first.  Councilman Averett pointed out that the City cannot ignore the rights of the property owners.  The Council would need to have evidence to back up removing commercial from the Plan, whether the citizens want it or not.

Councilwoman Ivie said she feels it would be in the best interest of the citizens and the City to place a TZRO to allow time to get more information.  Councilman Wright agreed with Councilwoman Ivie, adding that the major objective is to place the citizens’ needs first.  He suggested both types of data be collected simultaneously.  Councilwoman Fillmore suggested the Council first let the existing application process play out, gather market data, and then gather public input.  Councilwoman Ivie suggested the Council place a moratorium, ask residents what they would accept, and then find out the feasibility of commercial.  The Council and staff discussed the challenges regarding density posed by the existing Plan.  Councilwoman Fillmore stated she would be in favor of a TZRO if the public space plan could be put in place and a RDA feasibility study accomplished in the same time period.  Councilman Higginson said he has been opposed to a TZRO because he has felt it would accelerate the Brighton Homes project.  Mayor Cutler stated that the Brighton Homes representatives have expressed a willingness to negotiate.  Councilman Higginson said he would like the City to be in the best negotiating position possible with Brighton Homes.  If a TZRO would not affect negotiating ability with the builder, he would be okay with a TZRO, as long as Brighton Homes does not feel pushed into a corner.  Councilwoman Fillmore added that, with the applicant willing to negotiate, placing the TZRO before negotiations are resolved would tie the Council’s hands, since text amendments would not be possible without lifting the TZRO.

Councilman Wright said he thinks the moratorium might only be necessary for a month or a month and a half.  Mr. Snyder and Councilman Averett said they do not think it would be realistic to expect less than six months.  Council members discussed the probability of additional applications for development on Main Street in the near future.  Mr. Snyder said he does not think there is a high risk of a developer making application soon.  He pointed out that a TZRO is not without risk, with a perception similar to that of condemnation from a land-use control and rights perspective.  The Council would also need to be able to justify a TZRO from a legal perspective since the existing Plan was adopted fairly recently.

Council members Ivie and Wright repeated their desire to place a TZRO, gather economic data, and collect citizen feedback all at the same time.  Councilman Higginson said he is okay with a TZRO.  Councilwoman Fillmore said she would want to use a TZRO strategically, and accomplish the other goals at the same time. Mayor Cutler said he feels there is a chance of negotiating a better development than has been proposed, and mentioned that Brighton Homes has financing deadlines. He added that property owners have rights, and the Council has the same obligation to be fair with them as with the residents. Councilwoman Fillmore suggested the Council hold off on the TZRO to allow time for negotiations, and direct staff to draft an ordinance amendment that would limit density by number.  The Brighton Homes application will be presented to the Planning Commission on May 13th.

Councilwoman Ivie expressed concern about traffic in the area of 300 South and 400 South on Main Street.  She said she would like to see a traffic study before anything else.  The Council discussed traffic study options.

A majority of the Council agreed with placing the TZRO on the May 19th agenda for implementation.  Councilwoman Ivie expressed a desire to implement a TZRO sooner.  Council members Fillmore, Ivie, Averett, and Higginson agreed with starting the process to obtain economic feasibility data.  The Mayor suggested initially limiting the scope of work to between 300 South and 400 South on Main Street, and extending the scope during the TZRO.  Staff was directed to draft a TZRO for the May 19th meeting, and also a proposed scope of work for review of the South Main Street Corridor Plan/Ordinance.  Mr. Thacker suggested the Council wait until the scope and timeline of a review are defined before hiring consultants.  A majority of the Council was in agreement.

ADJOURNMENT

Mayor Cutler adjourned the work session at 6:57 p.m.

____________________________        __05-19-2015________
Marsha L. Morrow, City Recorder            Date Approved

________________________________
Katie Rust, Recording Secretary