Logan Municipal Council Logan, Utah August 2,2016

Logan Municipal Council Logan, Utah August 2,2016

Minutes of the meeting of the Logan Municipal Council convened in regular session on Tuesday,August 2, 2016 at 5:30 p.m. in the Logan City Municipal Council Chamber, 290 North 100 West, Logan, Utah. ChairmanHerm Olsenconducting.

Councilmembers present at the beginning of the meeting: Chairman Herm Olsen, Vice Chairman Holly Daines,Councilmember Tom Jensen, Councilmember S. Eugene Needham and Councilmember Jeannie F. Simmonds. Administration present: Mayor H. Craig Petersen, Finance Director Richard Anderson, City Attorney Kymber Housley and City RecorderTeresa Harris.

Chairman Olsenwelcomed those present. There were approximately34citizens in the audience at the beginning of the meeting.

OPENING CEREMONY:

Keith Shaw gave the opening thought/prayer andled the audience in the pledge of allegiance.

Meeting Minutes. Minutes of the Council meeting fromJuly 19, 2016were reviewed and approved as amended.

ACTION.Motion byVice ChairmanDaines seconded byCouncilmember Simmonds to approve the July 19,2016 minutes as amendedand approve tonight’s agenda. Motion carried unanimously.

Meeting Agenda. ChairmanOlsenannouncedthere are 10 public hearings scheduled for tonight’s Councilmeeting.

Meeting Schedule. ChairmanOlsenannounced 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,August16,2016.

QUESTIONS AND COMMENTS FOR MAYOR AND COUNCIL:

There were nocomments or questions for the Mayor or Council.

MAYOR/STAFF REPORTS:

Updates on Projects/Issues – Mayor Petersen

Mayor Petersen updated the Council on the following:

1. Current Construction Projects

1. The Steep Dugway project is on schedule to be completed by August 20. The dugway will be opened earlier if possible.
2. The 400 East construction between 1000 North – 1100 North is on schedule for completion by September 2.
3. Road and trail access to Trapper Park should be completed by August 13. There will also be a ribbon cutting ceremony for the new park.

1. The City received a Utah League of Cities and Towns/IHC Healthy Communities Grant in the amount of $225,000 over a three year period. The money will be used to develop exercise programs to combat childhood obesity and diabetes.

1. The Tour of Utah is interested in coming back to Logan in 2017. No decision has been made at this time and Mayor Petersen asked for input from the Council.

1. The City is in the process of implementing the use of the “311” number to assist citizens in making non-emergency calls. The idea evolved from Councilman Jensen’s Neighborhood Improvement Committee.

1. Conservation Coordinator Emily Malik conducted an analysis of Logan’s recycling program as implemented in rural areas. Emily will present her findings at a future Council meeting.

1. Urban deer continue to be a serious problem in certain areas of the City. Mayor Petersen would like to further discuss this with the Council at a future meeting.

1. Permits issued for winter on-street parking are a problem for snow removal and police patrolling. Council input on an appropriate policy is welcome.

1. Mayor Petersen thanked Parks & Recreation Director Russ Akina and his staff for a great Pioneer Day celebration.

Councilmember Jensen stated that a citizen contacted him and commented on the recent decision to close the Logan Library due to the air conditioning not working.The citizen asked what is the City’s policy during this hotter than normal summer when it comes to someone’s power being turned off.

Finance Director Richard Anderson responded that the City does shut off people’s power due to various reasons. He said the important thing to understand is that shutting someone’s power off is the very last thing we do whether it’s during the winter, spring, summer or fall. The City does all they can to contact the person, meet with them and make payment arrangements. As long as the customer is willing to keep their commitments regarding payment, the City will work with them. Those people who we cannot contact or will not return phone calls, we have to do something and their power is shut off.

Chairman Olsen commented that if the Tour of Utah is interested in coming back to Logan he would be supportive and would hope for better weather this time.

Councilmember Simmonds said she also supports the Tour of Utah returning to Logan and feels this is very positive for the City overall.

Mayor Petersen said there were substantial in-kind contributions in terms of police, fire and public works for the Tour of Utah. The out of dollar cost to Logan City was virtually zero.

Councilmember Needham stated that he also supports the Tour of Utah coming back to Logan.

Chairman asked that Urban Deer Management and Winter On-Street Parking Permits be added to a future council agenda for discussion.

COUNCIL BUSINESS:

Chairman Olsen explained that by State law, the public hearing for Resolution 16-42 and Resolution 16-43 cannot be held before 6:00 p.m. He asked that the Council skip to Action Item C at this time.

Chairman Olsen announced that the public hearing for Code Amendment – Consideration of a proposed ordinance amending Subsection (C)(2) of 10.52.285 of the Logan Municipal Code Regulating the Booting of Vehicles – Ordinance 16-23has been continued to a future council meeting.

ACTION ITEMS:

PUBLIC HEARING - Future Land Use Plan (FLUP) Amendment and Zone Change – Consideration of a proposed FLUP Amendment, Zone Change for the Falls at Riverwoods Phase II. Bracken Atkinson/Evelyn H. Ellis, authorized agent/owner, requests a Future Land Use Plan (FLUP) amendment and zone change to Mixed Use (MU) and expansion of the current multi-family complex for an additional 92 units on 5.4 acres at approximately 650 South 100 East – Ordinance 16-20

At the July 19, 2016 Council meeting, Amber Pollan addressed the Council regarding the proposed amendment. The applicant is proposing to disconnect from River Heights City a 5.28 acre property into the City of Logan then Rezone it to Mixed Use and obtain a design review permit for 92 new dwelling units. The dwelling units are proposed as two 24-plexs (because of exercise rooms, one will be a 22-plex), five 6-unit townhomes and four 4-unit townhome buildings. The 24-plexs are located in the center of the property and the townhome buildings wrap the perimeter. Two accessory garage buildings are located near the East border and the remaining surface parking lots are dispersed around the residential dwellings. Sidewalks and landscaping will go throughout the site. A road dedication of an additional 24’ is shown along the North boarder for a future 66’ 500 South right-of-way.

The land has historically been used for agriculture and is accessed by 500 South. The parcel sits northeast of the existing Falls at Riverwoods Phase One apartment complex which contains 214 units configured in nine 24-plexs. Low-density single family homes currently exist to the North and East inside the City of River Heights.

Staff recommended that the Planning Commission recommend approval to the Logan Municipal Council for the rezone and conditionally approve a Design Review Permit for Project #16-027, The Falls at Riverwoods II, for the property located at 650 South 100 East.

On June 23, 2016, the Planning Commission recommended that the Municipal Council approve the Future Land Use Plan amendment and Rezone of approximately 5.4 acres to Mixed Use. The project area is currently outside of the Logan City boundary

Chairman Olsen opened the meeting to a public hearing.

There were no comments and Chairman Olsen closed the public hearing.

ACTION.Motion by Councilmember Simmonds seconded by Councilmember Jensen to adopt Ordinance 16-20as presented. Motion carried unanimously.

PUBLIC HEARING – Consideration of a proposed sale of City property located on the East side of 200 East between 200 and 300 South consisting of 6 residential lots within the 200 East Subdivision

City Attorney Kymber Housley addressed the proposed sale of City property. He explained the City of Logan is requesting proposals from a residential housing developer with significant experience in high quality residential construction to purchase the 200 East Subdivision and construct 6 new and unique single family residential dwelling units on these lots with the intent of stimulating future neighborhood revitalization efforts. Mr. Housley stated the Council is not required to take action on the proposed property sale.

Chairman Olsen opened the meeting to a public hearing.

There were no comments and Chairman Olsen closed the public hearing.

Chairman Olsen stated that he received a recommendation from a citizen asking that the City take into account the desire of the neighborhood to have good, quality homes built and the City not approve a project that would be lower quality homes and to preserve the integrity of the neighborhood.

Mayor Petersen said City staff supports that idea from the citizen and the intent is to upgrade the neighborhood. As property is sold there will be conditions and restrictions on what is built in this area. The City received one request for proposal(RFP) for this property. The respondent determined that the conditions the City imposed are too strict and feels that going forward is no longer a profitable venture so; the City will go back and look again. Another RFP will go out and he will make sure the Council is aware of the RFP’s that are received. Tonight’s public hearing allows us to surplus the property.

Mr. Housley said technically,we don’t need to hold a public hearing because each lot is less than one acre and less than $100,000. Because of the potential that we could sell this as a package it was decided to ere on the side of caution and hold a public hearing.

Councilmember Simmonds asked, because one person said it wasn’t profitable are we going to change the rules.

Mayor Petersen responded we are going to re-look at the rules and what we are doing. The RFP was sent to 16 different developers and we only received one so that might suggest that the market didn’t agree with us. Maybe it’s not the restrictions we imposed; maybe it was the selling price which, we could also choose to modify.

Councilmember Simmonds said she also feels that we have the uncomfortable tendency to put out RFP’s at the very height of the building season so perhaps reissuing the RFP in the fall would be better. She feels the RFP that was sent out was reasonable.

Vice Chairman Daines said again, we should not reduce the quality of the project.

Mr. Housley said he does not feel quality is the issue but rather the size requirement. There was a minimum requirement for the main level to be 1,500 SF, which is a fairly large sized home. We also required a minimum of two stories which would be a total of 3,000 SF. This is larger than the average sized home in Logan City and Cache County.

Councilmember Jensen also suggested that a discussion be held with potential developers and talk about various avenues and they can also help craft the wording for the RFP.

Chairman Olsen said this is an area that took years to acquire property and to make improvements on 200 East. The former property owners gave up their homes and he wants to make sure there is an appropriate substitute.

Mayor Petersen said there is a possibly that we can sell the lots individually.

PUBLIC HEARING – Consideration of a proposed sale of City property located at approximately 1701 South Highway 89/91 consisting of approximately 4.41 acres and more particularly described as parcel numbers 02-083-0020, 02-083-0011, and 02-083-0010

Chairman Olsen opened the meeting to a public hearing.

There were no comments and Chairman Olsen closed the public hearing.

Mayor Petersen stated this property is located between Hyclone and the Logan River Academy.

Mr. Housley explained this was property that was originally acquired for economic development purposes and was the former Buttars Tractor property. We are now in the position to put this property back into private hands. No action is required by the Council other than to hold a public hearing.

PUBLIC HEARING - Consideration of a proposed resolution adopting Revised Water Service Connection Fees – Resolution 16-41

At the July 19, 2016 Council meeting, Public Works Director Mark Nielsen addressed the Council regarding the proposed resolution. He said in preparing Resolution 16-27 for revised Water Service Connection Fees that was approved by the Council a few weeks ago, he inadvertently used an old resolution that did not reflect the current connection fees. The intent of Resolution 16-27 was to not change the fees but add three new line items to capture costs associated with water services into 1000 West, video of sewer mains to verify sewer connections, and fire hydrant flow testing. He missed a resolution in 2014 that raised the connection fees. Instead of not changing the fees, the resolution reduced the fees to 2012 levels.

The table below summarizes the history of the fees.

Fee Description / 2012 Fee / 2014 Fee / 2016 Fee / Revised 2016 Fee
1” Developed Connection / $450 / $450 / $450 / $450
2” Developed Connection / $1,200 / $1,300 / $1,200 / $1,300
1” Undeveloped Connection / $4,800 / $6,298 / $4,800 / $6,298
2” Undeveloped Connection / $5,100 / $9,155 / $5,100 / $9,155
4” Undeveloped Connection / $12,550 / $14,835 / $12,550 / $14,835
6” Undeveloped Connection / $15,150 / $19,475 / $15,150 / $19,475
6” Fire Hydrant Installation / $6,400 / $8,321 / $6,400 / $8,321

This new resolution restores the Water Service Connection Fees to their previous level. Every fee should be changed to be identical to the 2014 fee. In addition, the three new line items have remained.

Chairman Olsen opened the meeting to a public hearing.

There were no comments and Chairman Olsen closed the public hearing.

ACTION.Motion by Councilmember Jensen seconded by Vice Chairman Daines to approve Resolution 16-41as presented. Motion carried unanimously.

PUBLIC HEARING - Code Amendment – Consideration of a proposed ordinance amending Subsection (A) of 6.12.040 and adding Subsection (C) of 6.12.040 of the Logan Municipal Code Regulating Dog Registrations – Ordinance 16-24

At the July 19, 2016 Council meeting, Chief Jensen addressed the Council regarding the proposed ordinance amendment to add the following language:

1. Any dog which has been duly or properly trained or is in trainingto assist the blind, deaf, or disabled and is acting in that capacity;

1. Any dog which has been duly or properly trained and placed in custody of a police officer and is being used in police department work;

1. Any dog which has been duly or properly trained as a service animal but has not been spayed or neutered is not exempt from registration fees.

Chairman Olsen opened the meeting to a public hearing.

There were no comments and Chairman Olsen closed the public hearing.

ACTION.Motion by Councilmember Simmonds seconded by Vice Chairman Daines to adopt Ordinance 16-24as presented. Motion carried unanimously.

PUBLIC HEARING - Budget Adjustment FY 2016-2017 appropriating: $12,000 for the Emergency Management Performance Grant (EMPG). The funds will be used to cover necessary expenses for local emergency management programs; $40,000 for 2016 Freedom Fire Independence Day Celebration at USU (RAPZ); $50,000 Aquatic Center SlideGel Coating (RAPZ); $100,000 Canyon Connector Trail (RAPZ); $30,000 Bridger Park Parking Lot (RAPZ); $30,000 Park Avenue Connector Trail (RAPZ); $50,000 Soccer Sports Complex Trail Paving (RAPZ); $40,000 Trapper park Playground (RAPZ) $84,863 2016 RAPZ Tax Municipal Population Allocation: $600 grant received from EDCUtah Community Match Grant Program for reimbursement on travel and training for professional economic development; $3,000 grant received from EDCUtah Community Match Grant Program for marketing purposes related to economic development - Resolution 16-39

At the July 19, 2016 Council meeting, Finance Director Richard Anderson addressed the Council regarding the proposed budget adjustments.

Chairman Olsen opened the meeting to a public hearing.

There were no comments and Chairman Olsen closed the public hearing.

Vice Chairman Daines asked regarding the $100,000 for the Canyon Connector Trail and the $30,000 for the Park Avenue Connector Trail. Is this funding for planning and design?

Parks & Recreation Director Russ Akina responded for the Canyon Connector Trail the $100,000 will help with construction. For the Park Avenue Connector Trail, it will also help with construction. Construction on both projects will begin Spring 2017.

ACTION.Motion by Vice Chairman Daines seconded by Councilmember Jensen to approve Resolution 16-39as presented. Motion carried unanimously.

(THE PUBLIC HEARING STARTEDAT 6:02 p.m.) PUBLIC HEARING – Consideration of a proposed resolution approving the Property Tax Rate for FY 2016-2017 – Resolution 16-42

Chairman Olsen opened the meeting to a public hearing on a proposed resolution approving a tax rate of 0.002246 in excess of the certified tax rate for 2016.

Sheldon Miller, President of the Friends of the Logan Library addressed the Council. He said their purpose is to support the Library in their mission. He said it was his understanding that the property tax increase would be used in part to help fund the creation of the new library. He said Logan has never had a new Library and he feels we need one at this time. He feels the key to providing information is with the library. The current library has infrastructure problems that need to be addressed and he feels a new library is needed for Logan.

Bronwyn O’Hara addressed the Council. She asked if the City purchased the Coppermill building and was that the original place where the library was going to be.

Mayor Petersen responded yes, the City purchased the Coppermill building and it will not be used for a future library but will instead be used for commercial purposes. The City is in the process of finding a commercial developer who will bring retail into the Coppermill building location. It will not be the City’s project but will be sold to an approved developer.

Councilmember Simmonds added that sometimes the City acquires property and issues a request for proposal (RFP) for developers or architects to come in, take the project, buy the building and do what we conceptualize might be a good use for the structure.