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November 3, 2010Minutes of the Centerville City Council meeting held Tuesday, November 3, 2010 at 7:00 p.m. in the Centerville City Council Chambers, 250 North Main Street, Centerville, Utah. MEMBERS PRESENT Mayor Ronald G. Russell
Council Members Ken Averett
Justin Y. Allen
STAFF PRESENT
VISITORS PRAYER/THOUGHT Councilman Ken Averett OPEN SESSION Jason Bunting said the City website is poorly designed. Citizens need information and the website is difficult to navigate to find relevant information. PUBLIC HEARING – INDUSTRIAL REVENUE BONDS – Consider issuance of Industrial Revenue Bonds not to exceed $7,000,000 for acquiring equipment for Larry H. Miller Theatres, Inc. Blaine Lutz, Finance Director, reported the purpose of tonight’s public hearing is to take comments regarding the allocation of Recovery Zone Bonds of up to $7,000,000 to be loaned to Larry H. Miller Theatres, Inc. for the purchase of equipment for the new megaplex theatre being built in west Centerville. The City is the conduit for the funds and once the funds are transferred to Larry H. Miller, Inc. the City will have no more responsibility for the funds or for repayment of the funds. Mayor Russell opened the public hearing. There was no comment; he closed the public hearing. The process for the issuance of the Industrial Revenue Bonds will continue at a future City Council meeting. PUBLIC HEARING – SOUTH MAIN STREET CORRIDOR PLAN AND ZONING CODE AMENDMENTS – Consider proposed amendments to Section 12-480-7, South Main Street Corridor Plan and Zoning Code Text, Chapter 12-48, South Main Street Corridor Zone between Parrish Lane and Pages Lane. Consider Ordinance No. 2010-16 and 2010-17. Mayor Russell suggested the City Council take public comment regarding this issue, but recommended postponing any action until all Council members can be present. Councilman Allen and Councilwoman Lindstrom had conflicts with tonight’s meeting, but have both expressed a desire to be a part of this process. Mayor Russell reviewed the process of the creation of the South Main Street Corridor Plan (“Plan”). A few years ago the City desired to be proactive and create a plan for Main Street. This was an extensive process including a special Committee, public meetings, open houses, etc. The Plan was officially adopted in 2008. During the past few years UTA has also conducted a transit study that resulted in light rail being identified as a “preferred alternative” for Main Street. It was not the intent of the Main Street Plan to recommend light rail specifically, so the Committee was reconvened to change any language that may appear to advocate light rail and to discuss any other concerns regarding the Plan. The Committee has now provided six (6) recommended changes as follows. The Planning Commission has also reviewed these proposed changes and has forwarded them to the City Council for their final review.
1. Eliminate “rail or mass transit” related terms from the Main Street Corridor Plan. Mr. Snyder discussed mass transit and how it relates to the Plan and Centerville as a whole. The Plan provides for mass transit, but that could mean the current bus system. Any language regarding regional mass transit has been eliminated or softened to avoid the impression of endorsing light rail. However, Centerville is a regional community and UTA will use Centerville as a conduit to get mass transit from Salt Lake City to Ogden. This is why the Plan is important. Zoning on Main Street prior to the adoption of the Plan in 2008 pushed buildings to the rear of properties and placed parking on the street front. This configuration would provide UTA the ability to widen Main Street at a minimal cost in order to develop mass transit. The Plan brings buildings closer to the street. It would be too costly for UTA to eliminate buildings in order to widen Main Street, thus diminishing the possibility of mass transit on Main Street. Mr. Snyder reviewed the proposed density (1-4 units per building, permitted, and 5-8 units per building, conditional use). The Planning Commission asked the City Council (by way of motion) to carefully consider and understand the issues and public concerns regarding density and building height. Mr. Snyder said, in his opinion, the proposed density is an important component to the success of the Plan. Staff believes the proposed density is the minimum necessary to encourage redevelopment on Main Street. He reminded the Council that a conditional use density requires a more stringent review process and compliance with higher standards. He explained form-based zoning provides parameters for building options. It does not regulate by units per acre; it allows the market to dictate investment values. The public has been concerned that a majority of property owners on Main Street will redevelop using the maximum conditional use density available. Staff does not believe this is the case; statistics show that only about 20% will reinvest in their properties, and not all those will be the same type of development. Mr. Snyder said the Plan will preserve the small town feel of Centerville. The principles in the Plan are sound and are often used to create small towns. The Plan will move the center of the city from the big box commercial area on Parrish Lane to Main Street and will provide opportunities for services that are not provided by big box retailers. The Plan also allows flexible uses and provides options and incentives to encourage new development patterns. Mr. Snyder asked the Council to allow him the opportunity to review and provide options regarding density and building heights if the Council chooses to reconsider these recommendations. Mayor Russell opened the public hearing. Stephanie Ivie said she loves her rural Centerville. She likes that Centerville has a homey feel and wants to keep it that way. The proposed Plan will bring more people and more traffic. Alan Hayward said the public is not over-reacting and is not unwilling to listen to reason, but the Plan is not perfect. There are good things about the Plan and bad things about the Plan. The City Council should consider the feelings of the public. Three-story buildings are not appropriate and will look down into his kitchen window, affecting his privacy and his sunlight. Wanting to maintain a small town is not fanatical; it is why many of the citizens chose to live in Centerville. Maintaining a small town is reasonable. He does not want to see mass transit on Main Street either. Janet Hill said UDOT informed her and her neighbors that they are planning to take 10-12 feet of their front yard to widen the Parrish Lane/Main Street intersection. She asked the City Council to help convince UDOT that the widening of this intersection is not appropriate and that the property owners are not accepting of this idea. If UDOT widens this intersection who is to say they won’t continue it down Main Street. Robert Hogge asked what the Plan is for the north and south gateway areas. He lives directly behind the Fresh Market grocery store and wants to know what may be possible for development on that site. He is worried that he will lose his privacy if a three-story building were to be constructed near his home. Blane Roskelley said he is not opposed to progress, but it was said that the density will be left up to the market to decide. The market always wants more density. This is not what the citizens want. If more density is provided then UTA will use our tax money to provide services for those residents. Marjean Steed said she does not like outsiders coming in and telling Centerville citizens how to live. Most citizens moved to Centerville because it is a lovely city. City officials are outsiders trying to change Centerville into something that they want, not keeping it as the citizens desire, which is a small town. If City officials do not like Centerville then she will help them pack their bags and move out. The City is upsetting a lot of people for something the citizens do not want. The City Council needs to listen to the citizens and vote in their favor. Adam Ward said a lot of comments from his neighbors have been that the City is trying to pull something over on the public. This is not the case; the City is trying to provide a plan that will help direct future growth. He said the Plan may not be perfect, but it would be better to continue to massage the current Plan than it would be to throw out the entire Plan. Cheryl Murray said if this Plan is passed and a developer submits an application under the direction of that Plan, how can the City then make adjustments to that application; it will have to be approved. The changes have to take place now. She encouraged the Council to carefully consider the public’s input and make the necessary adjustments to the Plan now, before an application is on the table. Nancy Smith is concerned with the language “public transportation facility” as mentioned in the Plan. She suggests this language be eliminated from the Plan as its definition is all inclusive with regard to mass transit. This language is also not used in any other City ordinance. She would also like to see language added to the Plan stating that Centerville is accepting of transit opportunities in west Centerville, but not on Main Street. She submitted 2,000 signatures of citizens who are also opposed to mass transit on Main Street. She is in favor of creating a citizens committee to secure a transit station in west Centerville which can connect the Frontrunner and other future transportation options. She said she does not support the proposed building height of three-stories. She feels a two-story building is sufficient for Main Street and will not adversely affect the intent of the Plan. She said three-story buildings are not sensitive to the relationship or transition from commercial to residential zones. Centerville City has very few three-story buildings in commercial districts. They are not needed on Main Street. She provided graphics explaining that a three-story building could potentially shadow more than one neighboring residence for the majority of a day and would be detrimental to those residences. A building permitted to have a 35-foot maximum could actually end up being 40-45 feet tall, as the 35-foot standard is measured at the mid-point of the roof, not at the peak. This Plan could also create a solid wall for neighboring residents. She said Salt Lake City has two areas in their city with similar concepts and neither of those areas allows more than a 25-foot high building or two-stories. This is sufficient for Centerville as well. She also said the citizens of Centerville do not want more apartments, especially on Main Street. This is just a tactic to maximize profits. Citizens want lower density. The City Council needs to promote the public interest and protect property values. This can be done by lowering the proposed building heights and the density. Bruce Pitt said the South Davis Transit Study states that mass transit is possible with the current Plan. UDOT does not need to widen Main Street to implement mass transit; it is possible with the current configuration. The current plan is favorable to mass transit because of the density. Density provides the needed ridership to support mass transit. The Plan needs to be modified to lower density and discourage mass transit. Mass transit in Centerville should be located on the west side of the city, not on Main Street. He said there are currently many commercial vacancies on Main Street. If apartments are allowed as part of a mixed-use development it will sustain the properties without the need for the commercial component, which means the commercial properties below the apartments will remain vacant. This Plan will not bring new business to Main Street, only residential apartments. This is the case with the Village in Bountiful, most of the main floor and out-lying businesses are still vacant. Centerville does not want this same scenario on their Main Street. Brent Hintze said the citizens of Centerville believe in proper planning and doing what is unique for Centerville. Citizens are not opposed to the Plan; they are only opposed to some of the details in the Plan. Citizens want the building heights lowered and the density decreased. He asked the Council to vote in favor of the citizens’ desires. This will also help eliminate the opportunity for mass transit. Scott VanOrman said this is not the first time the citizens of Centerville have filled this room with concerns regarding this Plan. However, despite these continued concerns the Plan has once again moved forward. This Plan is not what the citizens of Centerville desire. The wording must be changed to lower both density and building heights. Centerville’s identity is a small town of neighbors that take care of each other. Centerville does not want another Wal-Mart and in this case that “Wal-Mart” is mass transit on Main Street. Listen to the citizenry and modify this Plan. Encourage mass transit on the west side of Centerville and keep Main Street small. Ann Holley said it makes no sense to have mass transit on Main Street. Main Street is not the business center of Centerville any longer, it has moved to Parrish Lane and 400 West. Mass transit should be put on 400 West. She said progress is inevitable, but sometimes cities do stupid things over and over again. Do not make another stupid decision for Main Street. There are many opposed to the Plan and the City should listen.
Robyn Mecham agreed there is good and bad about the Plan. She said if apartments are the only way to make money, then more apartments will be built. The density needs to be lowered. Main Street is only half a block from residential neighborhoods and this Plan is not compatible. The current businesses on Main Street are considered soft commercial. This should be maintained. Three-story buildings are not appropriate for Main Street. Many surrounding cities have high density, and in all cases those high density areas are mixed-use. If you were to calculate the proposed mixed-use density in an acreage scenario, you would get 22-units per acre with the proposed Plan. This is too high for Centerville’s Main Street. She said she is not against apartments, but they are not appropriate on Main Street. Currently, there is a plan for apartments in west Centerville, this is adequate for the city and apartments are no longer needed on Main Street. The most recent citizen survey was clear, citizens do not want density; they want low-density, compatible development. She also said apartments bring a criminal element that Centerville does not want. She said according to the Wasatch Front Regional Council an average household makes 13 vehicular trips per day. Multiply this by the number of potential apartments and traffic could increase by upwards of 8,000 trips per day. Main Street cannot handle this increase in traffic and UDOT will fix this problem by implementing mass transit. She questioned where the children of these apartments will play. In the street? In the parking garage? Main Street is not conducive to apartments. She suggested any residential units on Main Street be owner occupied, not transient apartments. She suggested the density be lowered to 1-3 units permitted with no conditional use density. If 5-8 units are allowed as suggested in the Plan, then Main Street will become like the Village in Bountiful City and the commercial uses underneath the apartments will remain vacant. Scott Riffle said the City should be proactive in eliminating any possibility for mass transit. He would like to see any mass transit in Centerville go west of Main Street. The impact of mass transit always brings a criminal element and Centerville does not want this in their city. Jennifer Turnblom asked why there can’t be a conditional use permit to allow single-family homes on Main Street in addition to the option for apartments. Currently, there is a vacant single-family home on Main Street which no one is able to invest in because this Plan requires mixed-uses. This is not right. It should be possible to restore this unsightly property to its original single-family use. Bobby Randall said traffic on Main Street is already too busy. Additional density will only make this worse. He encouraged the Council to lower the density. Cami Layton said change is inevitable, but it can be embraced by using smart, legal wording in the General Plan. Words like protect, preserve, and promote can be used to encourage the small town atmosphere. Words like mixed-use and density need to be eliminated from the Plan. The last citizen survey gave a clear vision that Centerville residents want a small town atmosphere. Any future planning should recognize that sentiment. Centerville should not accommodate growth that is conflicting to the small town atmosphere. Citizens want to be able to see the mountains and sunsets over the rooftops. Citizens want soft commercial, two-story buildings, and lower density. These are the desires of the majority of the residents and business owners that live on Main Street. The commercial district of Centerville has moved west, it is no longer on Main Street. Jason Bunting said there does not seem to be anyone in this room that is in favor of this Plan. Sticking with a bad decision is not best. He agreed the general public may be confused on some of the issues regarding the Plan, but that is because the City’s website is so poorly done. Communication and information needs to be accessible and that is not the case with the City’s website. He agreed that building heights need to be lowered and that the shadow of these large buildings will adversely affect neighboring residences. He said it seems that City staff does not take the citizenry seriously and that the citizenry are only in the way of progress. The citizenry should be the ones to decide what constitutes a small town; not staff, text books, or the “experts.” The proposed Plan will not change or improve our community. Kelly Dickson said citizens elect officials to represent their wishes. It does not seem the City is representing what the citizens would like to see. It feels as if the citizens are being portrayed as unintelligent and misinformed. This may be true to some extent, but the citizens still have a say and a desire that should be considered. He believes Centerville’s tax base is sufficient and that low cost housing is already available. Centerville does not need more apartments. He is worried that the Plan is providing the baby steps necessary to allow mass transit. Centerville is a great small town and he would like to see it kept that way. Andrea Richards said she wishes the City had a plan to protect Centerville, not a plan to build more buildings. The majority of the community does not like this Plan. Matt Bryson said Centerville consists of 15,000+ people and the residents here tonight do not represent the vast majority. There are many residents who are busy and do not have the time to represent their views personally, this is why they have elected City Officials. These residents trust their City Officials to make the right choices for the community. He said he supports the Plan and the recommendations of the Planning Commission. He also thanked the City Council for their work on the Performing Arts Center and Westside Plan. Michael Randall said he is concerned that this Plan may not bring the projected commercial uses, but rather those uses will remain vacant because the apartments are more lucrative. He feels there are a few changes that could take place with the Plan to make it better. Jeff Thomas said he is concerned with density. He said he is an owner of rental properties and generally people who rent are transient people. He said he lives in the south quadrant of the city and feels as though this quadrant is always picked on to support higher density. The south quadrant does not need more apartments, it needs owner-occupied uses. Councilman Cutler thanked the public for their comments and reminded them that he is absolutely opposed to mass transit on Main Street. He said the purpose of this process is to protect Centerville from unwanted development by creating an appropriate plan. He said he was opposed to Wal-Mart when it was being planned, but it was allowed because the City did not have the appropriate plans in place to stop it. The City does not want this to happen again; a plan is necessary. He reminded the public that if the recommended changes are not approved then the Plan that was adopted in 2008 will remain which allows 5-8 units per building and four stories. The proposed edits lower that building height to three stories or 35 feet. This is the current standard for all residential areas in Centerville. Councilman Wright said it may be appropriate to reconsider the recommendations given the concerns raised by the public this evening. He is concerned with the shadow graphics that were presented and feels this may warrant additional study. He agreed any plan should protect the city and the residents that live here and perhaps the recommendations do not go far enough. He is in favor of continued discussions and study so that this Plan is done right. Centerville is a beautiful community and if growth needs to be controlled more, then it should be done. The wishes of the public should be considered. Councilman Cutler made a motion to table this issue and continue the discussion and the public hearing on November 16, 2010. The motion was seconded by Councilman Wright and passed by unanimous vote (3-0). D&RGW TRAIL PROJECT – Consider request for local match.
Steve Thacker, City Manager, distributed a draft of a letter stating the Council’s support for the D&RGW Trail project. The City’s match would be $20,374. These funds would not be needed in the current fiscal year. The project could possibly begin next summer, 2011, but could also be several years away. SUMMARY ACTION CALENDAR
a. Approve joint funding agreement for FY 2011 with U.S. Geological Survey in the amount of $4,150 for maintenance of stream gage on Centerville Deuel Creek. Councilman Cutler made a motion for the City Council to approve the Summary Action Calendar items a, b, and c as listed above. The motion was seconded by Councilman Wright and passed by unanimous vote (3-0). MINUTES REVIEW AND ACCEPTANCE The minutes of the City Council meeting held October 19, 2010 were reviewed and amended. Councilman Cutler made a motion to approve the minutes as amended. The motion was seconded by Councilman Averett and passed by unanimous vote (3-0). MAYOR’S REPORT Mayor Russell recommended reappointing Michelle Powers to the Historic Sites Committee. Councilman Wright so moved. The motion was seconded by Councilman Averett and passed by unanimous vote (3-0). Mayor Russell also reported John and Nancy Grant will chair the 4th of July Festivities Committee in 2011. CITY MANAGER’S REPORT Steve Thacker, City Manager, reported the Deuel Creek debris basin project originally planned for a shotcrete finish. However, due to a request from the State Dam Engineer, the debris basin will have a concrete finish. This will change the color of the basin to the grey concrete color instead of the more natural earth tone of the shotcrete. MISCELLANEOUS BUSINESS UIA Communications Service Contract
Mayor Russell reminded the Council that in the motion to approve the UIA Agreement the Council included a condition stating the option to reconsider if another city did not approve the same agreement. Payson City has denied approval of the UIA Agreement, so if the Council chooses they may reconsider their participation with UIA. No motion was made to reconsider the participation with UIA. The matter was discussed and in the absence of a motion to reconsider the Council’s previous decision regarding participation with UIA remains in effect. Whitaker Museum Restoration Project Councilman Wright reported the Museum Board has been active in raising donations for the Whitaker Museum restoration project. The Museum Board currently has $7,500 available for the project (Whitaker Museum budget plus donations). The plasterer, Chuck Riley, has offered to lower his original bid for plaster from $25,000 to $14,000. The Museum Board would like to move forward with some of the plaster work at this time, up to the available $7,500. The Board anticipates this amount will cover the plaster for the kitchen and the main bay window room. Once this work is completed the Museum could open for tours again. Steve Thacker, City Manager, said he asked Paul Smith, Museum Board Chair, to speak with Don Hartley, a State History architect, and verify that the plaster bid is appropriate. There are not many plasterers today that can do this type of work, but the City would like to make sure the bid is reasonable before proceeding. If the Council approves of this expenditure then the funds will eventually need to be appropriated for this purpose. The Council was supportive of allowing the Museum Board to proceed with plastering to the extent that funds are available as donations are received. At 11:00 p.m. the meeting was adjourned.
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