Logan Municipal Council Logan, Utah January 22, 2013

Logan Municipal Council Logan, Utah January 22, 2013 Minutes of the meeting of the Logan Municipal Council convened in regular session on Tuesday, January 22, 2013 at 5:30 p.m. in the Logan City Municipal Council Chamber, 290 North 100 West, Logan, Utah. Chairman Holly H. Daines conducting. Council members present at the beginning of the meeting: Chairman Holly H. Daines, Vice Chairman Tom Jensen, Councilmember Herm Olsen, Councilmember Karl B. Ward and Councilmember Dean W. Quayle. Administration present: Mayor Randy Watts, Public Works Director Mark Nielsen, City Attorney Kymber Housley, Finance Director Richard Anderson and City Recorder Teresa Harris. OPENING CEREMONY. Councilmember Karl Ward gave the opening thought/prayer and led the audience in the pledge of allegiance. Chairman Daines welcomed those present. There were approximately 12 citizens in the audience at the beginning of the meeting. Meeting Minutes. Minutes of the council meeting from January 8, 2013 were reviewed and approved with minor changes. Meeting Agenda. Chairman Daines announced at tonight s meeting there would be two public hearings. Meeting Schedule. Chairman Daines 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, February 5, 2013. QUESTIONS AND COMMENTS FOR MAYOR AND COUNCIL. Logan resident Joe Tennant, at 254 Rosewood Circle addressed the Council regarding his concern about snow removal this winter in his neighborhood. He said the streets in his neighborhood were cleared several times even after it had stopped snowing. Snow was pushed into his driveway and he had to continue clearing the snow. He doesn t feel it s necessary for the roads to be cleared so many times and cleared gutter to gutter. Logan City Street Manager Jed Al-Imari responded to Mr. Tennant s concern regarding snow removal. He said his first concern is for the safety of the citizens of Logan. He met with Mr. Tennant regarding this issue and he doesn t know how to change what he is currently doing. He can make one pass through on the road but then there will be complaints that the snow is not being removed completely from the road. Routinely, plows will make more than one pass through to clear a road. Mayor Watts said he s had phone calls at his home regarding snow removal. The City also needs to keep the road clear to allow for garbage collection. 1 P a g e

Mr. Al-Imari said if the snow isn t pushed back and it snows again then the snow will pile up in the road and cause more problems. Mr. Tennant said what made him upset is that prior to the snowstorm he had cleared snow and areas for the garbage cans and then the snowplow came through and pushed snow into these cleared areas and the snow started piling up more and more. Chairman Daines said the street department is now aware of this neighborhood area and Mr. Tennant s concerns. She feels the street department does the best they can but they need to move and clear the snow. Mr. Al-Imari said all areas of Logan City are treated the same when it comes to clearing snow. MAYOR/ STAFF REPORTS. Board Appointments Mayor Randy Watts. Mayor Randy Watts asked for ratification of the following to serve on various City boards and committees: Cache Valley Transit District 3 Year Term Tom Hogan Reappointment Joy Reyes Reappointment Glen Schmidt New Appointment ACTION. Motion by Councilmember Quayle seconded by Councilmember Olsen to approve ratification of Tom Hogan, Joy Reyes and Glen Schmidt as presented. Motion carried unanimously. Logan City Power Advisory Board 3 Year Term Charles Darnell New Appointment ACTION. Motion by Vice Chairman Jensen seconded by Councilmember Quayle to approve ratification of Charles Darnell as presented. Motion carried unanimously. COUNCIL BUSINESS. Follow-Up on issues raised at Neighborhood Council Meetings Chairman Holly Daines. Logan City Police Chief Gary Jensen said regarding parking issues in the Adams Neighborhood, there are three people working part time in parking enforcement and on snow event days they work more hours to enforce overnight parking. From October 22, 2012 through today, they have issued 600 citations in the Adams Neighborhood. These tickets are mainly for overnight (snow) parking and the other citations were given for timed restriction parking, left of curb, and blocking a sidewalk. 2 P a g e

Chairman Daines said alot of these parking issues are happening overnight and asked if it s a slow night can on-duty officers drive through the neighborhood and give citations if needed. Chief Jensen responded yes, on-duty officers can go through the neighborhood. He can provide numbers from last year s tickets to compare to this year and will report back to the Council if requested. Revenue is up this year and the goal is to make budget. The collection rate is high and is going well. They are writing roughly 1,000 tickets per month citywide. Vice Chairman Jensen said he heard from the Adams Neighborhood that in some of the larger housing complexes there is spillover parking into the neighborhoods. Revenue is good, but is not the objective when it comes to parking enforcement; he asked are we improving when it comes to respecting neighborhoods? Chief Jensen said the first few times parking enforcement went out there were several violations. The subsequent times they went out, violations were down. They also went out prior to the overnight parking rule went into effect, reminding residents about overnight parking and the winter parking rules. Chairman Daines said she would appreciate the nighttime duty officers to be aware of the problem areas and have them check more frequently if they are able. Logan City Public Works Director Mark Nielsen addressed the Council regarding the sidewalk on 400 East, 1000 North to 1150 North and the issue that school children are walking out in the street on the North side of 1000 North going West. This property is owned by Craig Champlin and will hopefully have a housing development at some point. A sidewalk for this area is not on any CDBG project lists. He will contact Mr. Champlin and request that he work with Logan City to put in a sidewalk. If Mr. Champlin would be willing to pay for the concrete, Logan City can help with the labor. Councilmember Olsen said sidewalk safety is also a concern in the Wilson School area. Councilmember Ward said the main theme in most of the neighborhood meetings is the need for more sidewalks. Chairman Daines asked are we putting money in the general public works capital budget just for sidewalks. Mr. Nielsen said most of the capital money in the budget is for high hazard sidewalk repairs. The amount is $40,000-$50,000 which is not nearly enough for what the needs are for sidewalks. Chairman Daines asked if the Council would be interested in putting more funding towards sidewalks. Councilmember Olsen said sidewalks are important but in doing this, the Council will also have to balance other projects and other needs in the City. 3 P a g e

Mr. Nielsen said the cost of a sidewalk is approximately $20 per linear foot for the sidewalk only. James Geier in Neighborhood Improvement has a prioritization map of all the sidewalks in Logan City and where the needs are located. When the City works with a neighborhood or a homeowner, there is a 50/50 agreement to pay for sidewalk installation. An Assessment District can also be established to pay for sidewalk improvements. Councilmember Quayle said he attended the recent National Guard Armory dedication. The Armory is available for public use and those interested can contact the Armory regarding their fees and to make reservations. Councilmember Olsen said a recent article was written regarding air quality which stated that Logan is the second city in the United States with the unhealthiest air with Provo being first. The air is simply harmful for the young, the old and those with respiratory issues. Obviously, there is nothing we can do about the geography of our valley but there are contribution problems that we can address such as not idling vehicles. He feels we need to continue working on air quality and any small steps will help, and possibly readdress our current idling ordinance. We can also address a discussion of a voluntarily or non-voluntary closure of drive-throughs on red air days which will have a business impact. We need to address this issue and encourage Cache County to do what it can regarding air quality such as emission testing. Councilmember Quayle stated due to the recent cold temperatures, the current ordinance is that a car can idle if it drops below 32 degrees. Logan resident and USU student Andrew Smith addressed the Council regarding air quality. He recently moved from Honolulu, Hawaii and one thing he noticed being a new resident is trying to learn the transit system. He suggested the transit district update their software so residents can access information from their mobile phones. He also talked about open government data and said the Cache County Assessor s office does not have information online about parcel searching and tax records posted online. Chairman Daines suggested that Mr. Smith contact Cache County regarding this issue. Mr. Smith also voiced his concern stating that he is an atheist and does not approve of the opening public prayer and pledge. Chairman Daines responded this issue has been addressed in the past and is completely legal. She thanked Mr. Smith for his comments. Councilmember Jensen will address the issue of drive-throughs with the Downtown Alliance. His concern is there are a lot of businesses outside of Logan and we need to involve the County in this discussion. He asked if information can be gathered from the Bear River Health Department regarding idling and the effects on air quality. Councilmember Ward said he would like to find the source of data that we keep hearing about regarding idling. 4 P a g e

Mayor Watts will contact Transit Director Todd Beutler regarding the software issue brought forward by Mr. Smith. It was also suggested that Mr. Beutler give a report at the February 5 council meeting on the CVTD. Logan resident and USU student Krista (last name inaudible), 161 Kings Court addressed the Council regarding air quality. She has become an asthmatic since moving to Logan from Idaho. She said there are things going on at USU that can help with air quality such as idle free zones on campus. She works at an elementary school and the students have to stay inside due to the air quality and she feels we need to educate children on this issue and why air quality is a problem. She also suggested organizing a committee that can work together with Cache County and Logan City residents to address air quality. Councilmember Olsen suggested that Logan Superintendent Marshall Garrett attend a future council meeting regarding air quality and idling at schools. ACTION ITEMS. PUBLIC HEARING - Budget Adjustment FY 2012-13 appropriating: $30,000 in the fund reserve for the purchase of a brush truck; $877,200 for the Utah Division of Water Resources (UDWR) Loan repayment allocation to Logan City for canal improvements; $62,635 for funds received for alcohol enforcement; $3,849 for Task Force expenses to be paid from restricted Task Force account Resolution 13-03. Finance Director Richard Anderson explained the proposed budget adjustment. Regarding the $877,200 amount, each City or participant was granted an interest free loan for 20 years and Logan City s portion was $877,200. This proposed resolution allows Mr. Anderson to record the $877,200 loan at the end of this fiscal year and is the maximum amount that can be recorded. Mr. Housley clarified the $877,200 is not for the canal project but for storm water. This resulted in Logan City s cost participation agreement which was based on our benefit from the storm water aspect. Chairman Daines opened the meeting to a public hearing. There were no comments and Chairman Daines closed the public hearing ACTION. Motion by Councilmember Quayle seconded by Councilmember Ward to approve Res. 13-03 as amended. Motion carried unanimously. PUBLIC HEARING - Consideration of a proposed request to rezone properties at 200 South 600 West from Mixed use (MU) to Commercial Services (CS). TIN 02-030-0001, 02-030-0002, 02-030-0003, 02-030-0016, 02-030-0018, 02-030-0019, 02-030- 0021, 02-030-0023, 02-030-0024, 02-030-0025, 02-030-0029, 02-030-0031 Ordinance 13-04. The proposed request is to rezone twelve (12) parcels, consisting of approximately 17.47 acres, southwest of the intersection of 200 South and 600 West. The parcels include 5 P a g e

private properties developed with industrial and commercial uses, one (1) vacant property, a property owned by the Federal Government for storage by the Forest Service, and a parcel owned by Logan City for future right-of-way. The zoning of the property was changed to the Mixed Use zone in 2011 to encourage implementation of the Future Land Use Plan. However, property owners in the area have expressed frustration in the limitations that this has placed on their properties. The developed properties include primarily warehousing, storage and shop spaces. The Mixed Use zone allows for locallyowned oriented retail uses which are not easily accommodated in the existing spaces. Staff finds that because the subject site is a developed area that has a history of industrial uses, the 2011 zoning designation to Mixed Use does not allow for a reasonable transition of the area. The Commercial Services zone would allow for the smaller scale industrial uses like storage and shop spaces to be utilized but would not allow for further warehousing, distribution, and large scale and impact industrial or manufacturing uses. The property is adjacent to a Commercial Services zoned area to the North and is of a similar nature to the development to the North, sharing the railroad corridor. On December 13, 2012, the Planning Commission, by unanimous vote, recommended that the Municipal Council approve a Rezone Request of twelve (12) parcels in the Woodruff Neighborhood, located southwest of the intersection of 200 South and 600 West, from Mixed Use (MU) to Commercial Services (CS). Chairman Daines opened the meeting to a public hearing. There were no comments and Chairman Daines closed the public hearing. ACTION. Motion by Councilmember Ward seconded by Vice Chairman Jensen to adopt Ord. 13-04 as presented. Motion carried unanimously. WORKSHOP ITEMS. Budget Adjustment FY 2012-13 appropriating: $27,797 from account 292104 and $27,153 from account 292103 for the purchase of Task Force vehicles from restricted Task Force reserves Resolution 13-05 Richard Anderson. Finance Director Richard Anderson explained the proposed budget adjustment. The proposed budget adjustment will be a public hearing and action item at the February 5, 2013 council meeting. Community Development Block Grant (CDBG) FY 2013 Annual Action Plan, Projects and Performance Measures, and Steering Committee Guidelines James Olson, CDBG Coordinator. CDBG Coordinator James Olson addressed the Council and referred to a handout that the council member s received. It is proposed that the portion of CDBG funds designated for housing-related programs be allocated exclusively to the Neighborhood/Block Improvement Program ($49,000). This requires that the homeownership assistance 6 P a g e

program and housing rehabilitation assistance program shall both receive Redevelopment Agency Affordable Housing funds (a total of $150,000 for 2013 and the following four years). This funding change will reduce the administrative burden of the City s various housing-related programs and overall CDBG program substantially, and will make CDBG funding available for neighborhood infrastructure. If this RDA allocation does not occur, the proposed CDBG allocation to housing-related programs is $171,500. ** A nonprofit organization demonstrates being established based on its: financial position, as indicated by its audited financial statements; namely its balance sheet and income statement from the two most recently completed fiscal year, which shall be submitted as part of its CDBG funding application; record of funding sources for the remainder of the applied-for project; and staffing capacity, leadership, and longevity in the community. City staff will provide an opinion on how established each nonprofit applicant is with the applications delivered to the CDBG Steering Committee, but, ultimately, these considerations will be weighed by this committee as they prepare their recommendation for the Logan City Council. Applicants that cannot demonstrate reasonable levels of financial security, financial commitments for the applied-for project, and/or capacity to carry out the various responsibilities tied to CDBG funding should not be considered for CDBG funding. Chairman Daines said Mr. Olson proposed that three council members serve on the CDBG committee. She feels all five council members should serve and be involved on the CDBG committee. She feels as we have narrowed the Performance Measures and allocation priorities it narrows the amount of decisions that need to be made. There is not as much leeway as there used to be, there are fewer projects for large amounts of funding. She would also like to make adjustments to the Performance Measures and does not want to be so limited with specific amounts and have some flexibility. She proposed that all five council member s serve on the CDBG committee. Vice Chairman Jensen feels there was good input from others serving on the committee from the community but would also like to have all five council member s serve. Councilmember Olsen said he has been fine with the process and the CDBG committee organization that we ve had in the past. Councilmember Quayle said he s in favor of having all five councilmember s serve on the committee and also include someone from the school board. Logan City Attorney Kymber Housley said all five council member s can serve and others can be invited to attend the meeting and speak to the decision making body which would be the Council. Councilmember Olsen said the Neighborhood Committee Chairs also have valuable input and should be included. 7 P a g e

Councilmember Ward said CDBG funds are shrinking and with the current state of the Federal budget, how much longer will we receive this money. The funds we do have go to the projects with the highest priority that need to be completed and the funding should be used for specific projects. He agreed with Chairman Daines that all five council members should serve on the committee with input from others in the community. Chairman Daines said the five council members could meet and rank the projects, review with the Neighborhood Chairs and get their input. She will work with Mr. Olson on finalizing the details. ACTION. Motion by Councilmember Jensen seconded by Ward that all five council members serve on the CDBG Steering Committee. Motion carried 4-1 (Olsen voted nay). Chairman Daines stated that if a council member cannot attend the CDBG meeting they can appoint a citizen in their behalf. OTHER CONSIDERATIONS. No other considerations were brought forward from the Council. ADJOURN to meeting of the Logan Redevelopment Agency. WORKSHOP ITEMS. Consideration of a resolution authorizing Agency Participation and funding relative to a professional services agreement with Consultant, Better City Resolution 13-06 RDA Kirk Jensen, Economic Development Director. Economic Development Director Kirk Jensen addressed the Council regarding the proposed resolution. The Redevelopment Agency proposed the following financial commitment: The Agency will enter into a professional services agreement with Better City with the overriding objective of enabling the Agency to enter into a development agreement with a developer capable of delivering an entertainment district that will draw people regionally to Downtown Logan. Better City will perform market studies and analysis, identify funding sources, develop an RFP, as well as assist the Agency in selecting the appropriate developer proposal. The Agency agrees to pay Better City consulting fees as services are performed not to exceed $20,000. Further, the Agency will pay Better City an additional $30,000 when the Agency enters into a development agreement resulting from a proposal submitted as part of the RFP process. The reference to an entertainment district would be a movie theatre, shops and restaurants. The downtown area refers to the area defined in the Specific Plan 300 South to 500 North and from 100 West to 100 East. Councilmember Ward said we are specifying in this process to revitalize the downtown with the development of an entertainment district. His concern is we are focusing on one type of development and he is not comfortable with this concept. 8 P a g e

Mr. Jensen stated that ultimately it will be up to the Council and other options can be considered. It was the consensus of the Economic Development Committee that there is a disconnect when it comes to Utah State University students with entertainment, restaurants and movie theatres. Having these things will help bridge the gap. Vice Chairman Jensen said he serves on the board of the Downtown Alliance and when asked, most people would like to have a multi-plex theatre in the downtown to bring people to the downtown who would also shop and go to restaurants. Housing was also mentioned as being important. Mr. Jensen stated a successful entertainment district project could be followed by other projects such as housing. Councilmember Ward said he wants to make sure we are not putting all our efforts into one possibility. Mr. Jensen introduced Consultant Matthew Godfrey from Better City to provide additional information. Mr. Godfrey, former three-term Mayor of Ogden City, addressed the Council regarding the Better City concept and gave an overview of what Ogden City accomplished in their downtown with redevelopment. He said Logan s Downtown Specific Plan is very good and the proposal for Logan is to develop downtown housing that will support existing retail and create opportunities for new stores, develop an entertainment district with movie theatres and restaurants. Create financing solutions for development and recruit private sector developers. He feels the important part is to revitalize the downtown and get students into the downtown with movie theatres and restaurants. A housing development was built in downtown Ogden and was immediately filled with college students. He said the team of industry professionals at Better City has a proven track record of major redevelopment, job recruiting, and revenue generation. They create and implement economic development strategies designed around the community s specific needs and strengths. They specialize in creating jobs, attracting development and increasing tax revenue. Vice Chairman Jensen said he feels very comfortable with the proposal from Mr. Godfrey and his ideas for downtown. The proposed resolution will be a public hearing and action item at the February 5, 2013 council meeting. Consideration of a resolution approving Agency Assistance for the Branding Cache Valley Initiative, administered by the Cache Chamber of Commerce Resolution 13-07 RDA Kirk Jensen, Economic Development Director. Mr. Jensen said at the September 18, 2012 council meeting a presentation was made regarding the Branding Cache Valley Initiative, administered by the Cache Chamber of Commerce. This Initiative represents a comprehensive marketing effort focused on the 9 P a g e

economic development objectives of attracting new businesses and jobs and the retention of those presently here. The Initiatives marketing budget consists of anticipated funding from both private and public sources, including the City of Logan and Cache County, governmental units, that along with the school districts provide funding for the Agency s activities. The Economic Development Committee has reviewed the proposed investment and recommends its approval and proposed the following financial commitment: The Agency will invest $100,000 in the Branding Cache Valley Initiative, administered by the Cache Chamber of Commerce. Funds will not be released to the Cache Chamber of Commerce until such time as the entire proposed budget of $450,000 has been committed. Mr. Jensen asked to make an amendment to the resolution to include the wording: excepting that $5,000 per month for three months may be released for the purpose of paying the consultant, ConnectPartners, for services rendered. Mr. Housley said this would also include the Cache County School District and Cache County. Councilmember Quayle said this proposal seems expensive to him. Mr. Jensen responded corporations will contribute as they see the value for their employees and businesses. The costs go back to the professional aspect of the Initiative and will cultivate new business and job creation. Chairman Daines said the Economic Development Committee has met and discussed this proposal and approved moving forward with funding. Councilmember Ward suggested that Mr. Godfrey from Better City could also work in conjunction with the Branding Initiative. Mr. Jensen said the branding proposal will focus on job creation and new business as opposed to tourism. The aim is to add to the core of good paying jobs here in Cache Valley. The proposed resolution will be a public hearing and action item at the February 5, 2013 council meeting ADJOURN to CLOSED SESSION of the Logan Redevelopment Agency. There being no further business to come before the Council, meeting adjourned at 7:15 p.m. Teresa Harris, City Recorder 10 P a g e