Centerville City Hall
250 N. Main Street
Centerville, UT 84014
(801) 292-8034 fax
8:00 a.m. to 5:00 p.m.
Monday - Friday
September 20, 2016
Minutes of the Centerville City Council meeting held Tuesday, September 20, 2016 at 7:00 p.m. at Centerville City Hall, 250 North Main Street, Centerville, Utah.
Mayor Paul A. Cutler
Council Members Tamilyn Fillmore
STAFF PRESENT Steve Thacker, City Manager
STAFF ABSENT Blaine Lutz, Finance Director/Assistant City Manager
VISITORS Interested citizens (see attached sign-in sheet)
PLEDGE OF ALLEGIANCE
PRAYER OR THOUGHT Jacob Smith, Assistant to the City Manager
AWARD TO CENTERVILLE CITY
Mayor Cutler recognized Randy Randall, Public Works Director, and Centerville City for receiving the Energy Efficiency Award at the National Rural Water Association’s annual Tribute to Excellence awards ceremony in Orlando, Florida on September 12th.
Nancy Lawrence – Ms. Lawrence expressed appreciation for each of the City Council members. She said she is concerned about the portion of the General Plan that would prohibit equestrian use of intercity pathways, and stated she is not sure why the Council would prohibit equestrian use on bike trails. Ms. Lawrence commented that as a motorist she feels a certain amount of stress when she is driving next to a cyclist, but the fact that she feels the stress does not mean the cyclist should not be allowed to use the roadway. She suggested it should be reasonable for drivers, cyclists, and horse riders to be responsible and look out for each other. Prohibiting equestrian use of public bike trails would be in conflict with the intent of public access areas.
Steve Allen – Mr. Allen stated he was informed by the Police Department that urban deer trapping can begin October 1st. He said he believes the urban deer are getting more aggressive this year, and emphasized that the entire community should be made aware of the options provided by the Urban Deer Control Program. Steve Thacker, City Manager, responded that the trapping program is authorized to begin August 1st, but would not be effective until other food sources are gone. Some success has been reported with the archery option.
Holly Peterson – Ms. Peterson reported a sticker weed problem on the west side of Main Street north of Centerville Junior High. She said the weeds cover most of the sidewalk and are dangerous to pedestrians and bikers, particularly the children walking to and from school. Ms. Peterson said she called the City offices with a complaint a couple weeks ago and was advised to call back if they weren’t taken care of. She expressed frustration with the disrespectful response she said she received from Cory Snyder when she called back to follow up. She said she was told that Main Street is not controlled by Centerville and is not his problem. She asked why the City would discuss spending taxpayer dollars to beautify Main Street if the City is not responsible and able to act when problems arise. Ms. Peterson said the City should start on Main Street by making it safe for children and friendly for residents.
Mayor Cutler apologized to Ms. Peterson for the response she received from the staff member, and said the City will work with the property owner to get rid of the sticker weeds.
Debbi Allred – Ms. Allred said she enjoys riding horses on City streets, and she is concerned with movement toward prohibiting equine use of any public trail or roadway.
Ron Randall – Mr. Randall said he protests prohibiting any equine use in the city. He said he feels there is room for all users on trails and roadways if laws are obeyed and common sense is used.
Spencer Summerhays – Referring to the possibility that the Council may repeal the existing SMSC Public Space Plan, Mr. Summerhays said he hopes the Council will first consider what the ordinance would revert to. He said he hopes the Council has a vision based on a long-term approach, not exceptions. He repeated his suggestion for north/south and east/west symmetry on Main Street, with a right-of-way standard of four-foot park strip and four-foot sidewalk. He suggested vertical elements, alternating between trees and decorative light poles. He expressed confidence in the viability of appropriate drought tolerant plants. He repeated his suggestion for a two-pronged payment approach, and his recommendation to add crosswalk flashers at crosswalks on Main Street, adding that crosswalk flashers would also be beneficial at 400 West and Porter Lane. He said his approach would not require land-owners to give up any land.
Holly Ince – Ms. Ince agreed with Nancy Lawrence’s comments. She said she has watched Salt Lake City transform streets for bikers. She said in one instance she saw seven bikers pass her as she waited on the street – four in the designated bike lane, and three using the sidewalk going against traffic. She asked why the city should worry about spending time and money to separate bikers from cars if bikers will do what they want anyway. Ms. Ince said she likes the cyclist motto “Share the Road.” She commented that whether her car is parked or moving, if a bike hits her car it is her insurance that pays for it. She suggested perhaps bikers should be required to have insurance if they are allowed to use the roads.
Shannon Elite – Ms. Elite stated as an equestrian she enjoys use of the City streets and trails on the hillside above Centerville three to five times per week. She said she is often greeted warmly by citizens and has never had a negative experience with any citizens complaining. She stated she takes the responsibility to remove waste seriously.
Marcella Leos – Ms. Leos stated she loves riding horses on City roads and would not want that experience taken away.
Libby Cerar – Ms. Cerar expressed appreciation for the equestrian nature of the conversation. As a cyclist, she said she agrees that sharing the road is a reasonable request. As an equestrian, citizens have commented to her that horses on the City streets are a beautiful sight. Ms. Cerar said she appreciates the freedom to be able to move around as she pleases. She said she tries to be responsible with waste clean-up.
GENERAL PLAN AMENDMENTS – BICYCLE & NON-MOTORIZED VEHICLE PATHWAYS AND TRAILS MASTER PLAN MAP
City Manager Thacker presented suggested revisions to the proposed Centerville Trails and Bikeways Map and the Centerville Trails and Bikeways Master Plan. He explained that the intent had not been to prohibit equestrian use on roadways and trails. The revisions would more clearly identify the few community pathways on which equestrian use is prohibited because the pathways were not designed and built for equestrian use. He suggested a text amendment to clarify equestrian use in the General Plan. Councilwoman Fillmore suggested the Trails Committee check the Farmington equestrian trail access at Freedom Hills Park. She suggested it would be beneficial to have equestrian representation on the Trails Committee. Bruce Cox, Parks and Recreation Director, described the history and evolution of the Parks and Recreation Committee and Trails Committee.
Councilman McEwan made a motion to table this issue to the next Council meeting. Councilman Ince seconded the motion. Mark Dimond, Trails Committee Chair, commented that the term “community pathway” does not sit well with him, since equestrians are part of the community. Mayor Cutler suggested the Trails Committee make recommendations for the term used on the map. The motion to table passed by unanimous vote (5-0).
AGREEMENTS REGARDING CONSTRUCTION OF WATER MAIN UNDER RAILROAD TRACKS
Staff explained the proposed Agreements with Utah Transit Authority (UTA) and Utah Pacific Railroad (UPR) for a water main project under I-15. Councilwoman Ivie made a motion to approve Agreements with UTA and UPR allowing the City to install a water main under their tracks (and I-15) at Chase Lane to improve culinary water service to the area west of I-15. Councilwoman Fillmore seconded the motion, which passed by unanimous vote (5-0).
PUBLIC HEARING – ZONING CODE AMENDMENTS – SOUTH MAIN STREET CORRIDOR (SMSC) OVERLAY – SUBSECTION 12.48-180(b) – SCOPE CORRECTION
When the City adopted the comprehensive updates to the Zoning Code pursuant to Ordinance No. 2016-20 (adopted June 21, 2016), an inadvertent correction to the term Residential “Boulevard” Subdistrict changed the intended applicability of the SMSC Public Space Plan. Adding the term “Boulevard” to the Residential Subdistricts reference unintentionally made the SMSC Public Space Plan applicable to the North Gateway Mixed-Use Subdistrict and the Pages Lane Mixed-Use Subdistrict. The proposed amendment to Subsection 12.48.180(b) is to specifically list the Subdistricts subject to the SMSC Public Space Plan – i.e. the Traditional Main Street and City Center Subdistricts.
At 8:20 p.m. Mayor Cutler opened a public hearing, and closed the public hearing seeing that no one wished to comment.
Councilman McEwan made a motion to approve Ordinance No. 2016-26 amending Subsection 12.48.180(b) of the SMSC Public Space Plan to correct the list of Subdistricts subject to the SMSC Public Space Plan. Councilwoman Mecham seconded the motion. Councilwoman Ivie referred to Mr. Summerhays’ comment recommending north/south and east/west symmetry for Main Street, and commented that perhaps the Council should rethink the definition of Main Street. Councilman McEwan responded that the proposed amendment simply corrects an inadvertent change. He agreed that the Council can certainly consider the suggestion going forward. The motion passed by unanimous vote (5-0).
ZONING CODE AMENDMENTS – SOUTH MAIN STREET CORRODIOR (SMSC) OVERLAY – CHAPTER 12-48 – PUBLIC SPACE PLAN AMENDMENTS
Ms. Romney explained that three proposed ordinances have been prepared, Ordinance No. 2016-27A, B, and C, to provide flexibility to the Council. Ordinance No. 2016-27A represents the City Council’s original directive to staff on January 19, 2016 removing benches, planters, and drought tolerant grasses, and changing the position of the lighting. Ordinance No. 2016-27B represents the Planning Commission’s July 13, 2016 recommendation. Ordinance No. 2016-27C represents discussion from some Council members about possibly repealing all of the SMSC Public Space Plan provisions. The South Main Street Plan adopted in 2008 set the framework for building on Main Street. The Public Space Plan was adopted in November of 2015. If the Public Space Plan is repealed in total, standard UDOT specs would apply. Councilwoman Fillmore commented that the point of having a Public Space Plan in place is to strengthen any conversations with UDOT regarding what Centerville wants on Main Street.
The Council discussed the proposed ordinances. Councilman McEwan said he thinks it makes sense to repeal and revert to an existing set of standards. Mayor Cutler commented there is not a clear consensus in the community. He recommended the Council modify rather than completely replace the Public Space Plan. Councilwoman Fillmore suggested that if a majority of the Council feels comfortable repealing the Plan, it would be simple to replace with a couple of basic desires – bike lanes and symmetry (width of sidewalk and park strip). She said she feels it is important to have the basics in place considering the UDOT overlay planned for 2018. Councilwoman Mecham said her concern is that, as originally passed, the property owners/developers would pay for the improvements. The Planning Commission now recommends the City pay for the improvements, but she pointed out that the City cannot afford them. Councilwoman Mecham said she heard citizens say they want continuity. She heard comments that safety is an issue, but there has never been a pedestrian hit on Main Street. She said she is not sure slowing traffic would be a good idea.
Cory Snyder, Community Development Director, said he feels it is reasonable to require development to make improvements with sufficient incentives. He said he does not believe that balance has been established given the amendments that have taken place. Councilman McEwan said he was bothered by both the lame-duck legislation and the concept of concurrent engineering. He said the shared design elements have created a liability issue and an ongoing maintenance issue. Councilman McEwan said there is no part of the current Plan that he wants to keep in place. Councilwoman Ivie stated she feels symmetry would be difficult considering the topography of the west side of Main Street. Responding to a question from Councilman Ince, Mr. Snyder said the UDOT standard is for sidewalk against curb. He added that UDOT is obliged to take a community’s plans and standards into consideration, compare budget costs, and discuss options with a community. Costs in addition to UDOT’s budget would be considered betterment costs and would be the responsibility of the community. Councilwoman Fillmore added that a lot of the incentive and intent in the simplicity of UDOT’s standards is to make it easier in the future to widen a road, which is why she has supported putting the SMSC Plan and Public Space Plan in place to protect the small town feel of Main Street.
Councilwoman Ivie pointed out that no development has occurred in the 10 months since the standards were put in place. She said she thinks it will be a while before development/redevelopment occurs. Councilman Ince said he leans toward Ordinance No. 2016-27C with modifications to provide symmetry, and possibly a five-foot sidewalk. Councilman McEwan said he feels Ordinance No. 2016-27C is the right choice, and he has no problem with adding language for a park strip and a sidewalk of some width for symmetry. Ms. Romney commented that repealing and coming back later to put something in place will require input from the Planning Commission. Councilman McEwan responded that he values the Planning Commission’s input, and he is not against involving the Planning Commission as long as it does not take 10 months to move forward. Mr. Snyder commented that if the issue is sent back to the Planning Commission, he does not think the Council should expect it to move quickly. He suggested that putting a simplified version in place and letting it rest would be a better process for collaboration. The Council agreed on a four-foot park strip standard for the east side of Main Street.
Mr. Snyder stated he is still in favor of an offset, unsymmetrical plan. Symmetry would be a challenge for several properties, and Mr. Snyder said he thinks it would be a long time before symmetry is achieved. He stated there are no current UDOT plans for street reconstruction. There will be overlays, but the City would have to rely on redevelopment to get the symmetry. Mayor Cutler said they heard comments from citizens that a wider sidewalk might help with snow removal. Councilman McEwan said he thinks visual symmetry (i.e. light poles that look the same) would be much easier to achieve than structural symmetry (i.e. hardscapes) with no incentives to make it happen now. Redevelopment including at least 30% additional square feet or 50% of the premises value would trigger the Public Space Plan standards. Councilwoman Fillmore said she cannot imagine that major redevelopment would not try to match street grade. Councilman McEwan said he would not want to be short sighted and think only of major redevelopment. He would like to keep redevelopment economically viable for the business community.
Councilwoman Ivie said she thinks the bike lanes recommended by the Planning Commission are a good thing. Mayor Cutler commented that elements such as decorative street banners, funded by the City, would probably not need to be included in the Code. Mr. Snyder responded it could be approached from a non-code capital improvement perspective. Councilwoman Fillmore said the City would probably want at least one extra foot on the west side. Mr. Snyder responded that at least a foot of easement on the other side of sidewalk is probably already in place on the west side. Councilwoman Fillmore suggested the Ordinance include a requirement for six-seven foot sidewalk on the west side, depending on the survey for the property at time of redevelopment. Councilman McEwan said there are too many issues undecided; bike lanes are the only amendment he would be in favor of adding to Ordinance No. 2016-27C. He suggested they send Ordinance No. 2016-27C back to the Planning Commission to pick up whenever the Planning Commission feels it is appropriate. Council members Mecham and Ivie said they would like to specify four-foot park strip for the east side.
The Council continued to discuss sidewalk widths for the east and west side. Mr. Snyder said he suspects UDOT sidewalk minimum widths would trump city recommendations. He said it has been his experience that UDOT’s goal is to limit their liability in these situations. Councilwoman Fillmore said she does not think a four-foot sidewalk is wide enough for two people to comfortably walk side-by-side. Councilwoman Mecham said she feels the four-foot park strip is necessary on the east side. Councilman McEwan said he would not want to make a unilateral decision without involving the property owners. Councilman McEwan said the only thing he can see agreement on is bike lanes.
Councilwoman Ivie made a motion to accept Ordinance No. 2016-27C, and reenact Subsection 12.48.180 to include four-foot park strip on the east side, and bike lanes as recommended by the Planning Commission. Councilwoman Mecham seconded the motion. Councilwoman Fillmore made a motion to amend the motion to include five-foot sidewalks on the east side and sidewalk to the right-of-way on the west side. The motion to amend failed for lack of a second. Councilman Ince made a motion to amend the motion to include five-foot sidewalks in addition to four-foot park strip on the east side in the Traditional Main Street and City Center Subdistricts. Councilwoman Mecham seconded the motion to amend, which passed by majority vote (3-2), with Council members Ince, Fillmore, and Mecham in favor, and Council members Ivie and McEwan against. Councilman McEwan said he has heard comments that citizens would like to see unified elements throughout the corridor. Councilwoman Ivie said she does not like setting businesses up to have to go to the Board of Adjustments. Ms. Romney confirmed that buildings on the National Historic Register, or contributing, are exempt from the Public Space Plan requirements. Councilman McEwan recommended the following seven findings:
1. It is unreasonable to place the entire financial burden on property owners. There were no cost figures provided to the Council or the Planning Commission at the time the Public Space Plan was recommended or enacted. Therefore, the adoption of the Ordinance was made without significant factors being established in the public hearings and deliberations of the Council. It is reasonable to assert had the cost of compliance with the Public Space Plan, which is estimated at approximately $26,000 per eighty (80) feet of frontage, may have mitigated the enthusiasm of both Planning Commissioners and City Council members to unduly burden property owners with the entire costs of these improvements. It is far more likely the City Council would have deliberated on the merits of what the public monetary contributions should have been to make the Public Space Plan a success. As the plan currently stands, there are no incentives for property owners to accept these additional costs, and therefore the plan will fail in its stated goals due to low adoption rates by those impacted.
The amended motion passed by majority vote (4-1), with Councilwoman Fillmore dissenting.
The Council took a break at 9:59 p.m., returning at 10:10 p.m.
A majority of the Council appeared to agree that further discussion of Main Street could be one of the Council’s goals for next year.
GENERAL PLAN AMENDMENTS – WEST CENTERVILLE NEIGHBORHOOD PLAN – REMOVING INDUSTRIAL VERY-HIGH ZONING DISTRICT – SECTION 12-480-6
Councilman McEwan made a motion to table this issue to the first meeting in January 2017. Councilwoman Mecham seconded the motion. Councilman Ince said he is ready to vote now, and he thinks 2017 is too far out. Councilman Ince made a motion to amend the motion to table to the first meeting in November 2016. Councilman McEwan seconded the motion to amend, which passed by majority vote (4-1), with Councilwoman Fillmore dissenting. The amended motion passed by majority vote (4-1), with Councilwoman Fillmore dissenting.
MUNICIPAL CODE AMENDMENTS – TITLE 10, CHAPTER 3 – CONSTRUCTION CODES – ORDINANCE NO. 2016-25
The State of Utah has adopted newer editions of the International Construction Codes. The City is required to adopt and enforce such State adopted Construction Codes. Councilman McEwan made a motion to adopt Ordinance No. 2016-25, Centerville Municipal Code Amendments to Title 10, Chapter 3, regarding Construction Codes. Councilman Ince seconded the motion, which passed by majority vote (4-1), with Councilwoman Ivie dissenting.
Mr. Thacker presented a financial report for the first two months of FY 2017, and answered questions from the Council. The Council discussed the possibility of setting specific guidelines for putting together the invitation list for the annual volunteer dinner next year.
• Mayor Cutler informed the Council of a serious accident involving a cyclist that occurred on the Frontage Road. Council members expressed a desire to be informed of any significant emergency response incident that occurs in the community.
CITY COUNCIL LIAISON REPORT
Councilman Ince updated the Council on Citizen Corps Council/Emergency Management activities. He admitted he is struggling to understand his role as liaison to the Davis Chamber of Commerce. Steve Thacker and Mayor Cutler responded that a Council liaison is appointed because the City pays a membership fee. There is no set expectation.
CITY MANAGER’S REPORT
• City Manager Thacker presented suggestions for the sidewalk open house scheduled for October 5th. The arborist invited to attend is not available that night. The Council agreed that an arborist could be involved later in the process.
MINUTES REVIEW AND ACCEPTANCE
The minutes of the September 6, 2016 work session and regular Council meeting, and September 7, 2016 joint City Council/Planning Commission meeting were reviewed. Councilman McEwan made a motion to accept the September 6, 2016 work session minutes. Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0). Councilwoman Fillmore made a motion to accept the September 6, 2016 regular Council meeting minutes. Councilman Ince seconded the motion, which passed by unanimous vote (5-0). Councilman Ince made a motion to accept the September 7, 2016 joint meeting minutes. Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).
Councilwoman Ivie passed on a complaint from a citizen that wasp nests are infesting the area around the Island View Park upper-level pavilion.
At 11:06 p.m. Councilman McEwan made a motion to adjourn the regular meeting and move to a closed meeting to discuss the character and competence of an individual. Councilwoman Ivie seconded the motion. Councilwoman Fillmore expressed a concern that the Council has been too liberal with what is done off record versus on record. Mayor Cutler responded that he recommended holding a closed meeting. Councilman McEwan added that all closed meetings have been held for allowed legal purposes. There has been no closed session that in any way violates the Open Meetings Act. The motion passed by unanimous vote (5-0).