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October 19, 2010Minutes of the Centerville City Council meeting held Tuesday, October 19, 2010 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville, Utah.
MEMBERS PRESENT
Members Absent: Justin Y. Allen City Officials Absent: Steve Thacker, City Manager PLEDGE OF ALLEGIANCE INVOCATION Councilman Paul Cutler OPEN SESSION
No one present wished to comment. The minutes of the City Council meeting held October 5, 2010 were reviewed and amended. Councilwoman Lindstrom made a motion to approve the minutes as amended. The motion was seconded by Councilman Averett and passed by a unanimous (4-0) vote. The minutes of the City Council special Council meeting held October 13, 2010 were reviewed. Councilwoman Lindstrom made a motion to approve the minutes. The motion was seconded by Councilman Averett and passed by a unanimous (4-0) vote. SUMMARY ACTION CALENDAR The Council reviewed items a-c on the Summary Action Calendar. Councilman Cutler made a motion to approve items a-c on the Summary Action Calendar. The motion was seconded by Councilwoman Lindstrom and passed by unanimous roll-call vote (4-0). Approved was:
a. Award bid for 2011 GMC Sierra 2500 HD ¾ ton pickup truck in the amount of $30,682.40 to Young Automotive Fleet Sales for the Public Works Department, Water Division. CONSIDERATION FOR ADOPTION OF RESOLUTION REAPPROVING (1) THE FINANCING BY CENTERVILLE CITY, UTAH (THE "ISSUER"), OF THE ACQUISITION AND CONSTRUCTION OF A MEGAPLEX THEATRE AND RELATED FACILITIES ("THE PROJECT") TO BE LOCATED IN CENTERVILLE CITY, UTAH FOR USE BY LEGACY CROSSING LLC, OR ANY RELATED COMPANY (THE "BORROWER") IN ORDER TO PROMOTE THE GENERAL WELFARE OF THE RESIDENTS OF THE STATE OF UTAH; (2) THE ISSUANCE BY THE ISSUER OF ITS $12,225,000 INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 2010 (LEGACY CROSSING, LLC PROJECT) WHICH WILL BE PAYABLE SOLELY FROM THE REVENUES ARISING FROM THE PLEDGE OF A LOAN AGREEMENT AMONG THE ISSUER, THE BORROWER, AND ZIONS FIRST NATIONAL BANK ("THE LENDER"); AND (3) THE AUTHORIZATION AND EXECUTION AND DELIVERY OF SAID LOAN AGREEMENT, AN ESCROW AGREEMENT AND RELATED DOCUMENTS; CONFIRMING THE SALE OF SAID BONDS; AND RELATED MATTERS – RESOLUTION No. 2010-22 Blaine Lutz explained the final loan agreement documents are prepared and ready to be considered for approval. The Council has already approved the documents at a previous meeting. Mr. Lutz explained that no significant changes have been made from the previous documents already approved by the Council. However, Bond counsel has recommended that the Council again approve the resolution. Councilwoman Lindstrom made a motion to adopt Resolution No. 2010-22 re-approving (1) the financing by Centerville City, Utah (the "Issuer"), of the acquisition and construction of a Megaplex Theatre and related facilities (the "Project") to be located in Centerville City, Utah for use by Legacy Crossing, LLC or any related company (the "Borrower") in order to promote the general welfare of the residents of the state of Utah; (2 the issuance by the issuer of its $12,225,000 Industrial Development Revenue Bond, Series 2010 (Legacy Crossing, LLC Project) which will be payable solely from the revenues arising from the pledge of a Loan Agreement among the Issuer, the Borrower, and Zions First National Bank (the "Lender"); and (3) authorizing the execution and delivery of said Loan Agreement, and related documents; confirming the sale of said bonds; and related matters. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (4-0). ZONING CODE TEXT AMENDMENT REGARDING SECTION 12-12-040, DEFINITIONS, AND CHAPTER 12-36, TABLE OF USES ALLOWED, BY ADDING TOWING & IMPOUND YARDS Cory Snyder, Community Development Director, explained that David Bell of Dave’s Complete Auto desires to add the use of “towing and impound yard” to his property. Currently this use is not called out specifically within the City’s Zoning Ordinance. Generally this type of use has fallen under transportation service, which is allowed within the Industrial-High and Industrial-Very High Zones only. Dave’s Auto is zoned Commercial-Very High, which would currently not allow a “towing and impound yard.” He desires to allow the use within the Table of Uses (Chapter 12-36) and add a definition of this use within Section 12-12-040 of the Ordinance. By specifically calling out “towing and impound yards” within the Table of Uses, it will give clarity to the requirements and the allowable zones for this type of use. On September 22, 2010, the Planning Commission recommended approval of the proposed amendment to Chapter 12-36 – Table of Uses Allowed, and Section 12-12-040 – Definitions, in establishing the use of a towing and impound yard. a. Public Hearing At 7:30 p.m. Mayor Russell opened the public hearing. Dave Bell – Applicant – Mr. Bell explained that part of his business has included towing and the appearance and operation of his current business will not change. He will use the Centerville location to base the towing business for South Davis, out of which he will feed his Layton body shop. Mr. Bell responded to questions from the Council regarding towing operations and time limits. Mr. Bell stated there will be a ninety-day limit before the car is auctioned or removed from the lot. At 7:35 p.m. with no others wishing to comment, Mayor Russell closed the public hearing. Cory Snyder responded to questions from the Council regarding surrounding zoning, conditional use permits, screening requirements, etc. He added the Planning Commission discussed limiting this type of use for businesses east of I-15 to the area along the south Frontage Road. b. Ordinance No. 2010-15 Councilman Cutler made a motion to adopt Ordinance No. 2010-15 amending Section 12-12-040 of the Centerville Municipal Code regarding definitions and amending Chapter 12-36, Table of Uses Allowed, by adding “towing and impound yards” in the Commercial-Very High (C-VH) Zone as a conditional use and Industrial-H (I-H) and Industrial-Very High (I-VH) Zones as a permitted use. The motion was seconded by Councilman Wright and passed by unanimous roll-call vote (4-0). This motion was made based on the following findings:
1. The proposed zoning text appears to be in harmony with the goals and objectives of the General Plan for the I-H and I-HV Zones and with proper screening and mitigation the Frontage Road from South Market Place Drive to the southern city limits [12-480(2)c , 12-480-6(1)(1.E)]. UTAH INFRASTRUCTURE AGENCY (UIA) Blaine Lutz, Finance Director, updated the Council and members of the audience about the Utah Infrastructure Agency (UIA). Several letters and documents were provided in the backup materials as well as to the public to explain the concept of the UIA. The UIA was formed to help implement the UTOPIA fiber optic network. The overall goal is to provide an open network for business and private residences in cities which joined UTOPIA. Mr. Lutz reviewed and explained the organizational structure of the UIA. Centerville City has an interest in the UIA as the way to connect and extend some stranded infrastructure in the city. Even if Centerville City decides now to walk away from the project, they are still obligated financially for their portion of the current debt. The UIA will give the cities involved with the project a way to continue implementation of the network. UIA will give the cities control of the financing of construction. Mr. Lutz showed the Council a five-year strategy plan the UIA has developed to implement and complete the fiber optic network. Councilman Cutler reviewed key points from the feasibility study that was done relating to this project. The study can also be found on the City website. The feasibility study concluded that the 30 percent take rate target is reasonable to expect to achieve. If the 30 percent take rate is attained, the network would become self sufficient and UTOPIA cities would be able to begin repaying the current financial pledge. At 8:30 p.m. the Council took a five-minute break. a. Public hearing regarding the proposed execution by the City of the Service Contract, and any potential economic impact the Service Contract, the Connection Services financed under the Service Contract, and the pledge of Franchise Tax Revenues may have on the private sector. At 8:35 p.m. Mayor Russell opened the public hearing. Chris Hogan, UTOPIA staff member – Mr. Hogan commended the Council for their work and dedication to the project.
Blaine Nichols, Layton Resident – Mr. Nichols stated he does not think UTOPIA is a utility company. He does not think the feasibility study is correct and doubts any additional money will help complete the project. Morris Jackson, Centerville Resident – Mr. Jackson has questions about the UIA organization, connection charges for UTOPIA, why Centerville City is still waiting for service and how long Centerville will subsidize the project without getting the service. Paul Erickson, Centerville Resident – Mr. Erickson asked how many mega bytes per second the network will offer. He questions the feasibility study and doubts enough people would want what UTOPIA will provide with the added up-front fee. Bill Duncan, Centerville Resident – Mr. Duncan doubts that the additional $60 million Centerville City is being asked to support will help build out the City. He also asked for clarification on user/non user fees. Cecilia Thompson, Centerville Resident – Mrs. Thompson questioned how the network will be able to keep up with new technology. Todd Marriott, UTOPIA Director and UIA Director by contract, responded to questions brought up in the public hearing regarding UIA staffing, connection charges, connection speeds, take rates/revenue from other UTOPIA cities and how connections are funded if they are not paid for up front. Chris Hogan, UTOPIA staff member, shared some data gathered related to businesses locating into UTOPIA areas. He stressed the connection fee is really like owning service rights on the network as opposed to renting a network. Blaine Lutz, Finance Director, said Centerville City is currently paying approximately $5,600 per month to UTOPIA for operations. He also stated while the City would choose not to have to incur this additional pledge, it would not result in a tax increase to residents. Blaine Nichols, Layton Resident- Mr. Nichols stated he understands why it is beneficial for businesses, but questions the need for local citizens. He asked about liens placed on property relating to the connection fees. Paul Erickson, Centerville Resident – Mr. Erickson questioned the speed of the network Brigham City residents are currently getting with UTOPIA. Mr. Marriott responded to the questions regarding liens and network speeds, etc. that came up later in the public comment session. The City Attorney noted that the final form of security payment has not been determined yet and that a lien is one possible form of security. Dave Kimball, Bountiful Resident – Mr. Kimball asked who the network benefits most—residents or commercial business—and if commercial customers pay more. Mr. Marriott explained that commercial customers will pay more for network use than residential, but even the commercial customers should experience a savings from what they are currently paying to other network providers. Morris Jackson, Centerville Resident – Mr. Jackson asked about repair costs, and timelines. He also asked why the City’s general funds are not used as the pledge. Blaine Lutz, Finance Director, responded to the questions from Mr. Jackson regarding earmarking funds and the use of general funds. Mr. Marriott explained the protocol for responding, finding and repairing problems with the network. Mayor Russell suggested the Council continue this discussion and public hearing on this matter to allow the Council more time to review and study the feasibility report. The Council was generally undecided about needing more time to discuss the feasibility report. Councilman Averett stated that he has not supported UTOPIA from the beginning and doubts the additional money they are asking for will actually bring the fiber optic network to Centerville City. The Mayor asked if the Council was ready to vote on the matter. At 10: 15 p.m. Councilman Cutler made a motion to close the public hearing portion of the meeting and vote on the Interlocal Cooperative Agreement and Service Contract. The motion was seconded by Councilwoman Lindstrom and passed by a 3-1 roll-call vote. Councilman Wright voted in opposition to the motion. b. Resolution No. 2010-23 Authorizing the City to execute the second amended and restated Interlocal Cooperative Agreement of the Utah Infrastructure Agency The Council began deliberating on the Interlocal Cooperative Agreement. Members of the Council again discussed continuing this matter to a later date. Councilman Wright made a motion to continue the discussion and deliberation on Resolution No. 2010-23 Interlocal Cooperative Agreement and Resolution No. 2010-24 UIA Communications Service Contract to a later date. The motion failed due to lack of a second. Councilman Cutler made a motion to adopt Resolution No. 2010-23 authorizing the City to execute the second amended and restated Interlocal Cooperative Agreement of the Utah Infrastructure Agency. The motion was seconded by Councilwoman Lindstrom and passed by a (3-1) vote. Councilman Averett voted in opposition to the motion. c. Resolution No. 2010-24 UIA Communications Service Contract Councilman Cutler made a motion to adopt Resolution No. 2010-24 authorizing and approving the execution of a Communications Service Contract, (the "Service Contract") dated as of November 1, 2010, by and among the City, certain other cities and the Utah Infrastructure Agency (the "UIA"), with the following conditions:
1. Subject to and conditioned upon, at the option of the City, all other members of the UIA entering into the Service Contract. FINANCIAL REPORT Blaine Lutz, Finance Director, provided the Council with a summary of the General Fund, Capital Funds and Enterprise Funds and responded to questions from the Council. MAYOR'S REPORT The Mayor did not have anything to report. CITY MANAGER'S REPORT The Council was asked to direct input or suggestions regarding the October/November Newsletter to the City Recorder. The Council discussed having a future special newsletter about UTOPIA issues. MISCELLANEOUS Mayor Russell recommended Kevin Merrill be appointed to the Planning Commission. Councilman Wright made a motion to appoint Kevin Merrill to the Planning Commission. The motion was seconded by Councilwoman Lindstrom and passed by unanimous vote (4-0). The City Attorney updated the Council regarding a recent Planning Commission public hearing regarding the South Main Street Corridor Plan. At 10:35 p.m. the meeting was adjourned.
11-03-2010
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