Logan Municipal Council Logan, Utah March 6, 2012

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1 Logan Municipal Council Logan, Utah March 6, 2012 Minutes of the meeting of the Logan Municipal Council convened in regular session on Tuesday, March 6, 2012 at 5:30 p.m. in the Logan City Municipal Council Chamber, 290 North 100 West, Logan, Utah. Chairman Dean Quayle conducting. Council members present at the beginning of the meeting: Chairman Dean Quayle, Vice Chairman Holly Daines, Karl B. Ward, Herm Olsen and Tom Jensen (present electronically by telephone). Administration present: Mayor Randy Watts, City Attorney Kymber Housley, Finance Director Richard Anderson and City Recorder Teresa Harris. OPENING CEREMONY Pastor Paul Heins from the First Presbyterian Church gave the opening thought, prayer and led the audience in the pledge of allegiance Chairman Quayle welcomed those present. There were approximately 24 citizens in the audience at the beginning of the meeting. Meeting Minutes. Minutes of the Council meeting from February 21, 2012 were reviewed and approved with minor changes. Meeting Agenda. Chairman Quayle announced at tonight s meeting there would be three public hearings. Meeting Schedule. Chairman Quayle announced that regular council meetings would be held the first and third Tuesdays of the month at 5:30 p.m. The next regular council meeting is Tuesday, March 20, QUESTIONS AND COMMENTS FOR MAYOR AND COUNCIL. Attorney Nathan Hult addressed the Council regarding an appeal of park strip reclamation. He represents appellants Gutke Hult Properties (Law Offices), St. John s Episcopal Church, Citrus and Sage, Sunrise Cyclery and Le Nonne s all of which are located in the area of 110 North 100 East. He distributed a summary of arguments in support of a request for the City Council appeal hearing. He highlighted Logan City Resolution that approved Supporting Park Strip Regulation and Enforcement on May 13, He feels the plan does not designate what a park strip is exactly. The appellants feel this is public parking and not private. They believe that these facts and issues are sufficient for the City Council to conclude that an exception could be justified and it should therefore grant them an appeal hearing. Dr. Myron Guymon addressed the Council. His business is located at 191 North 200 East. He appeals for a hearing on the nature that he has anywhere from 60 to 80 patients, most of which are adolescents coming into his business each day and not having off street parking is a safety concern. He feels the parking was there as a contingency when the building was built and the parking has been in place for over 50 years. He has maintained 1 P a g e

2 the building and does not want his patients crossing 100 East. He respectfully requests a hearing. Councilmember Olsen stated there might not be enough interest on the Council for a hearing but he is sympathetic to these parking concerns and there is a historical component that he feels is worth reviewing. MAYOR/ STAFF REPORTS. Board Appointments Mayor Randy Watts. Mayor Watts asked the Council for ratification of Fred Duersch and Doug Raymond to serve on the Board of Adjustment (reappointments) which are five year terms. ACTION. Motion by Councilmember Daines seconded by Councilmember Ward to approve ratification of Fred Duersch and Doug Raymond as presented. Motion carried by roll call vote. Mayor Watts asked the Council for ratification of Clair Griffin to serve on the Board of Adjustment (new appointment) which is a five year term. ACTION. Motion by Councilmember Daines seconded by Councilmember Ward to approve ratification of Clair Griffin as presented. Motion carried by roll call vote. Gang Officer of the Year Award Chief Gary Jensen. Logan City Police Chief Gary Jensen recognized Detective Denny Bird who recently received the Utah State Gang Officer of the Year Award. Detective Bird is a NOVA Officer in the Logan City Elementary Schools. Canal Update Mark Nielsen. Public Works Director Mark Nielsen gave an update on the canal. He stated the canal project is underway and Cache County has selected a project management consultant to start the planning process. They are currently working on a request for proposal for a design engineer for the canal facilities. The consultant will be ready May 1, The project team will design the facilities from May 1 to October 1 and start the construction process of box culverts and piping from the Logan River in the Logan Canyon to 1500 North. The current intended schedule is that most of the construction will be completed during the winter of 2012 and The entire project is projected to be completed in the 2 P a g e

3 Spring of The 1500 North pipeline will come down the street from the bridge at Deer Crest and will go along the Logan/North Logan boundary to the lower canal. The Council will need to decide if there should be any diversions from the canal to help with power generation. The Council also will also need to make a decision regarding storm water on the upper canal. Mr. Nielsen will meet with the Mayor and Council on these two issues. Regarding the homes on Canyon Road, Logan City is working to acquire these homes and have currently purchased six homes, two that are scheduled for closing next week and another under contract. There are five more that are interested in selling and there are some that will choose not to sell. Councilmember Olsen said the canal project involves the effort from various agencies, he asked Mr. Nielsen if this is still in the best interest for Logan City to go in this direction. Mr. Nielsen responded this is the best course and he would not change the decision that has been made regarding the canal project. Sewer Phosphate/Algae Project Update Issa Hamud. Environmental Director Issa Hamud gave an update on the Sewer Phosphate/Algae Project. He said the State mandated that Logan City comply with certain requirements. The plan is very specific to what needs to be accomplished during the seven year compliance time period and also includes a timeline of what needs to be accomplished. This project has been underway for the past three years and we are working with USU to make the algae project successful. There are challenges and the goal is to present a plan to the City Council in April or May 2012 on how the algae program will work. Studies have been done on the growth of algae and have also looked into harvesting algae from the lagoons. Also studied are ways we can actually process the algae in terms of production for bio fuels. The challenges are that we cannot make changes in the lagoons and we have to make side pilot projects to perfect the technology. Logan City is working with what has been removed from the lagoon rather than the fresh product. This project will require a lot of money, he and Mayor Watts have traveled to Washington DC twice to request funding for this project. Councilmember Olsen said he received a letter from Senator Mike Lee congratulating him on his reelection. He sent a letter back to Senator Lee asking for assistance in funding this project. COUNCIL BUSINESS. No council business at this time. ACTION ITEMS. PUBLIC HEARING - Budget Adjustment FY : $61,882 for State funds received for alcohol enforcement for FY 2012; $109,398 for funds received from FEMA for Riverbank Restoration at the Logan River Golf Course Resolution P a g e

4 Chairman Quayle opened the meeting to a public hearing. There was no public comment and the hearing was closed. ACTION. Motion by Councilmember Ward seconded by Councilmember Daines to approve Res as presented. Motion carried by roll call vote. PUBLIC HEARING - Consideration of a proposed amendment to Section 5.04 of the Logan Municipal Code regarding Special Events, Itinerant or Transient Merchants, Mobile Food Vendor Licenses and Public Dance Halls/Cabarets Ordinance Chairman Quayle opened the meeting to a public hearing. There was no public comment and the hearing was closed. Councilmember Ward stated in Section Paragraph A he appreciates the language because it gives flexibility. In Section Paragraph C it states that the applicant provide a valid driver s license which he feels should happen because they are driving a mobile vehicle. In Section Paragraph D it refers to a flashing yellow beacon and the time period going go until 10:00 p.m. and he asked if this will be a problem. Community Development Director Mike DeSimone stated the reason for the flashing yellow beacon is for safety so people can see the vehicle. Regarding the hours of operation, latitude can be approved if there is a special event. Councilmember Daines asked about Section Paragraph C regarding inspections and who would do the inspections. Mr. DeSimone responded this is to make sure the vehicle is appropriately signed and in good working order. The inspection is done by the Community Development Department. City Attorney Kymber Housley said Logan City is not doing a safety inspection defined by the State of Utah and he is not concerned about liability. The vehicle will need to comply with the requirements that are in the ordinance such as flashing lights, working signals, headlights, etc. Councilmember Jensen asked about a background check and is there a consequence or limit if someone is not granted a permit because of their background check. He also referred to Section Paragraph E; he suggested that in addition to the statement to Be fully self-contained with respect to gas and water that waste to added to this Paragraph. 4 P a g e

5 Mr. Housley responded if there is a criminal background on an applicant and we don t feel comfortable licensing the applicant, they can challenge the decision. We will look at each applicant individually. He also said there was a suggestion to add the ability to extend hours for mobile food vendors and asked if the Council wants to add this to the ordinance. Chairman Quayle responded yes, they would like to make the addition to extend the hours. ACTION. Motion by Councilmember Ward seconded by Councilmember Jensen to adopt Ord as amended. Motion carried by roll call vote. PUBLIC HEARING - Consideration of a proposed rezone of approximately 30 acres of the intersection located at 1200 East and 1400 North (Gravel Pit) Ordinance Chairman Quayle opened the meeting to a public hearing. Citizen Tony Nelson addressed the Council he lives at the corner of 1400 North 1400 East. He represents the Pat Hancey family and their request that the proposed area is rezoned back to single family. They also requested the small triangle behind the Foothill Mart/Shell Gas station on 1400 North be changed from Mixed Use back to Commercial. They feel that Logan needs more single family housing and they would like to develop this property with single family homes. Jack Peterson addressed the Council regarding the proposed rezone. He and others in this area give their full support to the recommendation from the Planning Commission, staff and owners of the property to be rezoned back to the way it was. They support changing the property back to Residential Eastside and also support the change back to Commercial Zoning of the smaller piece of property. They appreciate the owners desire to make this happen and highly recommend the Council approve this rezone. Chairman Quayle closed the public hearing. ACTION. Motion by Councilmember Olsen seconded by Councilmember Ward to adopt Ord as presented. Motion carried by roll call vote. 5 P a g e

6 WORKSHOP ITEM. Downtown Specific Plan The Specific Plan will guide development, transportation enhancements, and provides market and economic recommendations for the City of Logan and the Logan Downtown Downtown Alliance. More information can be found at - Mike DeSimone. Community Development Director Mike DeSimone stated the Downtown Logan Specific Plan guides the future development, transportation enhancements, and recommended market and economic restructuring for the City of Logan and the Logan Downtown Alliance over the next 40 years. This Specific Plan describes a vision for the Downtown and the necessary actions to achieve that vision, and provides the blueprint for the future development of the downtown area. The Downtown Logan Specific Plan adopts the National Trust s Main Street Approach in its methodology and incorporates the approach s four principles, Design, Economic Restructuring, Promotion and Organization into the overall plan framework. The Downtown Specific Plan is consistent with the Logan General Plan, the Land Development Code, the visioning plan The Future of Downtown Logan. and the Historic District Design Standards. Councilmember Daines said regarding the Wayfinding system she asked if money will be set aside for the signage. She feels this might need to be phased in for key locations and recommended that we start putting funding toward this project. Finance Director Richard Anderson responded at this time we are looking at flat budgets so the best way to fund is reprioritizing funding. Councilmember Olsen asked about the description of traffic calming on key retail streets. Mr. DeSimone responded traffic calming is a method to try and slow traffic down and move traffic along efficiently. Chairman Quayle asked Logan Downtown Manager Gary Saxton if the Downtown Alliance and the downtown merchants have bought into this plan. Mr. Saxton responded there is a lot of information in the Specific Plan and they are working to prioritize what they can do first and what is the most beneficial. They are meeting with property owners regarding facade improvements and way finding. They are also looking for ways to improve shopping in the downtown. They are also encouraging private investment to help with the progress. He would like to dispel some of the perceptions that the City isn t supportive of the downtown and wants to have a good solid partnership between Logan City and the downtown. Chairman Quayle asked are more people supporting the Downtown Alliance. 6 P a g e

7 Mr. Saxton responded when he started as the Downtown Manager, there were 42 property owners that were involved in the Downtown Alliance and now there are 160 that are supporting the Downtown Alliance. He said the Council s approval of the Downtown Specific Plan will give validation to what they are trying to accomplish in the downtown. Mayor Watts stated there have been great improvements in the downtown such as coach lighting and parking improvements. He feels with improvements being made we are getting positive responses from the downtown and we are going in the right direction. Councilmember Jensen stated that he was part of the downtown design committee. He feels the Specific Plan is critical and the downtown will strengthen the surrounding neighborhoods if we have an exciting downtown. He feels the Downtown Specific Plan is a working document and the plan is flexible. We need to integrate a transition zone between single family housing to higher density housing. Mr. Anderson said regarding wayfinding, funding could come from multiple sources such as the Redevelopment Agency, CDBG and other funding sources including the general fund. We can phase this in and over time and allocate funding. OTHER CONSIDERATIONS. No other considerations were discussed. RECESS TO MEETING OF LOGAN REDEVELOPMENT AGENCY. WORKSHOP ITEM: PUBLIC HEARING - Consideration of a resolution approving Agency Assistance in Neighborhood Nonprofit Housing Corporation s Welcome Home Own in Logan Program Resolution RDA. Chairman Quayle opened the meeting to a public hearing. There was no public comment and the hearing was closed. Councilmember Ward feels the Welcome Home Program is very important and the Council needs to seriously consider this interim funding. He feels this is something we should have as a priority and is a long term benefit to our community. Councilmember Daines stated the funding comes from Redevelopment Agency funds that have to be applied specifically to housing projects. Mayor Watts feels the Welcome Home Program is a jewel in bringing back vitality to our community. 7 P a g e

8 ACTION. Motion by Councilmember Olsen seconded by Councilmember Daines to approve Res RDA as presented. Motion carried unanimously ADJOURN. There being no further business to come before the Council, meeting adjourned at 6:55 p.m. Teresa Harris, City Recorder 8 P a g e