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CLEARFIELD CITY COUNCIL AGENDA and SUMMARY REPORT March 12, 2019 – POLICY SESSION

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CLEARFIELD CITY COUNCIL AGENDA AND SUMMARY REPORT March 12, 2019 – POLICY SESSION Meetings of the City Council of Clearfield City may be conducted via electronic means pursuant to Utah Code Ann. § 52-4-207 as amended. In such circumstances, contact will be established and maintained via electronic means and the meetings will be conducted pursuant to the Electronic Meetings Policy established by the City Council for electronic meetings. City Council Chambers 55 South State Street Third Floor Clearfield, Utah 7:00 P.M. POLICY SESSION CALL TO ORDER: Mayor Pro Tem Peterson OPENING CEREMONY: Councilmember Phipps APPROVAL OF MINUTES: February 12, 2019 – Policy Session February 26, 2019 – Policy Session PUBLIC HEARING: 1. PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE CDBG (COMMUNITY DEVELOPMENT BLOCK GRANT) ONE-YEAR ACTION PLAN FOR PROGRAM YEAR JULY 1, 2019 TO JUNE 30, 2020 BACKGROUND: The Council was provided a copy of the proposed 2019/2020 CDBG (Community Development Block Grant) One-Year Action Plan. Citizens are given the opportunity to review the One-Year Action Plan at the Customer Service Center from March 13, 2019 to April 23, 2019. The final copy will be presented to the Council for consideration on April 23, 2019 at which time a second public hearing will be held. RECOMMENDATION: Receive public comment. SCHEDULED ITEMS: 2. OPEN COMMENT PERIOD The Open Comment Period provides an opportunity to address the Mayor and City Council regarding concerns or ideas on any topic. To be considerate of everyone at this meeting, public comment will be limited to three minutes per person. Participants are to state their names for the record. Comments, which cannot be made within these limits, should be submitted in writing to the City Recorder at [email protected]. The Mayor and City Council encourage civil discourse for everyone who participates in the meeting. Comments pertaining to an agenda item that includes a public hearing or public input should be given as that item is being discussed during the meeting. 3. CONSIDER APPROVAL OF RESOLUTION 2019R-10 ANNEXING SUNSET CITY INTO THE NORTH DAVIS FIRE DISTRICT’S SERVICE AREA FOR FIRE PROTECTION AND EMERGENCY MEDICAL AND AMBULANCE SERVICES BACKGROUND: Sunset City petitioned the North Davis Fire District (NDFD) to consider its annexation into its service area for fire protection and emergency medical and ambulance services. The North Davis Fire District passed its Resolution 2018R-11 requesting Clearfield City, as the Governing Authority for the NDFD, take all the necessary and appropriate action to annex Sunset City into its boundaries. Notice of the proposed annexation was provided as required by law and a public hearing was held on January 8, 2019. No comments or protests were received. RECOMMENDATION: Approve Resolution 2019R-10 annexing Sunset City into the North Davis Fire District’s service area for fire protection and emergency medical and ambulance services and authorize the Mayor’s signature to any necessary documents. 4. CONSIDER APPROVAL OF ORDINANCE 2019-09 ENACTING A TEMPORARY LAND USE REGULATION REGARDING MASSAGE PARLOR ESTABLISHMENTS APPLICABLE TO THE COMMERCIALLY ZONED PROPERTIES LOCATED WITHIN THE CITY’S GEOGRAPHIC BOUNDARIES BACKGROUND: The City has revoked five massage parlor businesses licenses located within City boundaries within the past four years as a result of criminal and administrative violations occurring on the premises of the massage parlors. Therefore, the City finds a compelling, countervailing public interest to regulate massage parlors within its boundaries in order to promote the health, safety, and welfare of the community; and to serve the best interests of the City’s residents, visitors, and property and business owners. RECOMMENDATION: Approve Ordinance 2019-09 enacting a temporary land use regulation regarding massage parlor establishments applicable to the commercially zoned properties located within the City’s geographic boundaries and authorize the Mayor Pro Tem’s signature to any necessary documents. 5. CONSIDER APPROVAL OF RESOLUTION 2019R-07 AUTHORIZING AMENDMENT NO. 3 TO THE INTERLOCAL COOPERATION AGREEMENT WITH DAVIS COUNTY FOR ANIMAL CONTROL SERVICES BACKGROUND: Davis County Animal Care and Control provides animal control services for the City. This service is essential to the residents of Clearfield City in order to promote public health, safety and improve the City’s image and livability. Each year the services and fees are reviewed and the agreement amended as necessary. Amendment No. 3 increases the fee for the services. RECOMMENDATION: Approve Resolution 2019R-07 authorizing Amendment No. 3 to the Interlocal Cooperation Agreement with Davis County for animal control services and authorize the Mayor’s signature to any necessary documents. 6. CONSIDER APPROVAL OF RESOLUTION 2019R-08 AUTHORIZING THE INTERLOCAL AGREEMENT WITH DAVIS COUNTY FOR ELECTION SERVICES BACKGROUND: The City has successfully conducted it last two municipal elections by mail with the assistance of the Davis County Clerk’s office. The County has the resources and equipment necessary to continue to assist in administering the election by mail. This Interlocal Agreement sets out the terms and fees for that service. RECOMMENDATION: Approve Resolution 2019R-08 authorizing the Interlocal Agreement with Davis County for election services and authorize the Mayor’s signature to any necessary documents. COMMUNICATION ITEMS: Mayor Pro Tem’s Report City Councils’ Reports City Manager’s Report Staffs’ Reports **ADJOURN AS THE CITY COUNCIL** Dated this 7th day of March, 2019. /s/Nancy R. Dean, City Recorder The City of Clearfield, in accordance with the ‘Americans with Disabilities Act’ provides accommodations and auxiliary communicative aids and services for all those citizens needing assistance. Persons requesting these accommodations for City sponsored public meetings, service programs or events should call Nancy Dean at 525-2714, giving her 48-hour notice. CLEARFIELD CITY COUNCIL MEETING MINUTES 7:00 P.M. POLICY SESSION February 12, 2019 City Building 55 South State Street Clearfield City, Utah PRESIDING: Mark Shepherd Mayor PRESENT: Kent Bush Councilmember Nike Peterson Councilmember Vern Phipps Councilmember Tim Roper Councilmember Karece Thompson Councilmember STAFF PRESENT: JJ Allen City Manager Summer Palmer Assistant City Manager Stuart Williams City Attorney Kelly Bennett Police Chief Scott Hodge Public Works Director Mark Baird Deputy Public Works Director Eric Howes Community Services Director Curtis Dickson Community Services Deputy Dir. Spencer Brimley Community Development Director Brad McIlrath Senior Planner Rich Knapp Finance Manager Trevor Cahoon Communications Coordinator Nancy Dean City Recorder Wendy Page Deputy Recorder VISITORS: Cravin Mark Horrock, Dyson Strong, Jacque Strong, Lois Eberhard, Kristi Bush, Bob Bercher, Kathryn Murray, Robert Poirier, Jacob Taft, Garden Porter, Cameron Winquist, Natalie Winquist, Carah Porter Mayor Shepherd called the meeting to order at 7:00 p.m. Mayor Shepherd informed the audience that if they would like to comment during the Public Hearing or Open Comment Period there were forms to fill out by the door. Councilmember Bush led the opening ceremonies. APPROVAL OF THE MINUTES FROM THE DECEMBER 4, 2018 WORK SESSION AND THE JANUARY 8, 2019 POLICY SESSION Councilmember Phipps moved to approve the minutes from the December 4, 2018 work session and the January 8, 2019 policy session; as written, seconded by Councilmember 1 Peterson. The motion carried upon the following vote: Voting AYE – Councilmembers Bush, Peterson, Phipps, Roper and Thompson. Voting NO – None. PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON A ZONING TEXT AMENDMENT TO AMEND THE PUBLIC NOTICE REQUIREMENTS FOUND IN TABLE 11.2 OF TITLE 11 CHAPTER 1 AS WELL AS TEXT AMENDMENTS TO TITLE 11, CHAPTER 4 SECTION 3, PARAGRAPH B IN THE CITY’S LAND USE ORDINANCE Spencer Brimley, Community Development Director, stated generally public hearings and noticing were required for legislative items and not for administrative items as outlined in the Utah State Land Use Development and Management Act (LUDMA). He commented the City currently required a public hearing for conditional use permits and preliminary plats which were defined by State Law as administrative in nature and did not require public hearings. He explained in an effort to be more consistent with State Statute, the zoning text amendment proposed changes to the City’s public noticing and hearing requirements as outlined in Table 11.2 of Title 11 Chapter 1, as well as text amendments to Title 11, Chapter 4, Section 3, Paragraph B of the Clearfield Code. Mr. Brimley reviewed the current and proposed public notice requirements as found in Table 11.2 of Title 11 Chapter 1. He explained the differences between a public meeting and public hearing. He indicated there would continue to be posted signs on the property so the public was aware of meetings or hearings prior to any considerations about a given project. He mentioned staff was reviewing options to improve the property noticing to continue its efforts with improving public education and transparency. Mr. Brimley stated the Planning Commission reviewed the item at its meeting on January 9, 2019 and recommended approval. Mayor Shepherd opened the public hearing at 7:11 p.m. Mayor Shepherd asked for public comments. There were no public comments. Councilmember Roper moved to close the public hearing at 7:12 p.m. seconded by Councilmember Bush. The motion carried upon the following vote: Voting AYE – Councilmembers Bush, Peterson, Phipps, Roper and Thompson. Voting NO – None. PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE AMENDED SUBDIVISION PLAT FOR THE MASONIC TEMPLE SUBDIVISION LOT 2 LOCATED AT APPROXIMATELY 723 SOUTH DEPOT STREET (TINS: 12-066-0113, 12-066-0099, 12-850- 0002) Brad McIlrath, Senior Planner, stated a request was received to amend Lot 2 of the Masonic Temple Subdivision located at approximately 723 South Depot Street to create a 32-unit townhome subdivision. He reviewed the proposed plat amendments and explained the area was zoned T-C (Town Commercial) as part of the Form Based Code rezone, which allowed for townhome development.
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