City Council

Minutes of Regular Meeting of Council of Ogden City, Utah, February 24, 2015 Page Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, February 24, 2015 at 6:00 p.m., in the Council Chambers on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Chair Richard A. Hyer Vice Chair Marcia L. White Council members Bart E. Blair Neil K. Garner Caitlin K. Gochnour Doug Stephens Amy L. Wicks Council Executive Director Bill Cook Council Deputy Director Janene Eller-Smith Council Policy Analyst Glenn Symes Communications Manager Amy Sue Mabey Also present: Mayor Mike Caldwell Chief Administrative Officer Mark Johnson Assistant City Attorney Mark Stratford Finance Manager Laurie Johnson Community and Economic Development Deputy Manager Brandon Cooper Special Events and Arts Coordinator Christy McBride City Recorder Tracy Hansen At the request of the Chair, all present stood and recited the Pledge of Allegiance led by Vice Chair White. A moment of silence was observed. Consideration of appointment to the Airport Advisory Committee A letter from Mayor Caldwell requesting consideration of the appointment of Edward McKenney to the Ogden Airport Advisory Committee came before the Council for consideration. COUNCIL MEMBER GOCHNOUR MOVED TO APPROVE THE APPOINTMENT OF EDWARD MCKENNEY TO THE AIRPORT ADVISORY COMMITTEE, WITH HIS TERM TO EXPIRE MARCH 30, 2015. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. Consideration of reappointments to the Community and Economic Development Citizens Advisory Committee A letter from Mayor Caldwell requesting consideration of the reappointments of Jan Capener and Janith Wright to the Ogden Community and Economic Development Citizens Advisory Committee came before the Council for consideration. COUNCIL MEMBER GOCHNOUR MOVED TO APPROVE THE REAPPOINTMENTS OF JAN CAPENER AND JANITH WRIGHT TO THE COMMUNITY AND ECONOMIC DEVELOPMENT CITIZENS ADVISORY COMMITTEE, WITH THEIR TERMS TO EXPIRE NOVEMBER 30, 2017. MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. Proposed Ordinance 2015-6 amending the FY2015 budget by increasing the anticipated revenues for an increase of $504,582 A memo from the Management Services Department regarding a proposed budget opening in the Fiscal Year 2015 budget came before the Council for consideration. The memo stated the budget opening recognizes and appropriates additional revenue received during the first half of the fiscal year from grants, donations, and other miscellaneous sources. The budget opening also transfers $291,500 from the Risk Management Fund to assist in the elevator upgrade in the Municipal Building and to fund the Enterprise Resource Planning request for proposals development process. Chair Hyer then introduced in writing proposed Ordinance 2015-6, entitled: “An ordinance of Ogden City amending the budget for the Fiscal Year July 1, 2014 to June 30, 2015 by increasing the anticipated revenues for a gross increase of $504,582 from sources as detailed in the body of this ordinance; and increasing the appropriations for a gross increase of $504,582 as detailed in the body of this  ordinance; and providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the City Recorder and ordered that the City Recorder have at least one copy available for public inspection in her office during all business hours. The proposed ordinance was then read by long title. COUNCIL MEMBER GOCHNOUR MOVED A PUBLIC HEARING ON THE PROPOSED ORDINANCE BE HELD IN THE CITY COUNCIL CHAMBERS ON MARCH 17, 2015, DURING THE CITY COUNCIL MEETING TO BE HELD AT 6:00 P.M. AND THAT THE CITY RECORDER BE DIRECTED TO PROVIDE NOTICE AS REQUIRED BY LAW. MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. Proposed Ordinance 2015-4 amending Chapter 21 of Title 15 of the Ogden Municipal Code to adopt a new Business Exchange Industrial (BEI) Zone and a new Business Exchange Historical (BEH) Zone; amending Chapter 22 of Title 15 to adopt dimensional requirements in the BEI and BEH Zones; and amending Chapter 23 of Title 15 to establish architectural guidelines and special regulations for the BEI and BEH Zones. AND Proposed Ordinance 2015-5 amending the Zoning Map of Ogden City as adopted by Section 15-3-3 of the Ogden Municipal Code to reclassify as Open Space (O-1), Business Exchange Industrial (BEI) and Business Exchange Historical (BEH) Zones, property generally located at 550 West Exchange Road A memo from the Community and Economic Development Department regarding proposed zoning designations in the Business Exchange project area came before the Council for consideration. The memo stated the City has been working on the development of a special industrial park in the area of the old stock yards. Last month the Planning Commission reviewed the master development plan and also the preliminary subdivision for the property. That discussion has led to the creation of proposed new zoning to be able to set the standards for development of this area. Since the uses are industrial in nature, amendments to the existing chapters of the manufacturing ordinances would be the appropriate course to pursue. There will be private declaration and covenants that will be recorded with the subdivision and private review groups, but to make sure that the proposed standards are able to be enforced, zoning regulations should also be adopted. The memo stated when the Ogden Industrial Park was developed it had covenants but as the development grew there was no one to enforce the covenants. The City had to then create the Ogden Commercial and Industrial Park (OCIP) Zone and used many of the private covenants as the standards in an ordinance format. It is better to begin with an ordinance that sets enforceable standards so that there is consistency as development occurs. There are three chapters within the existing zoning ordinance that will need to be amended to accommodate the addition of the two new zones. The first is Chapter 21, which deals with the purpose of the zone and then identifies the uses allowed in the specific zones. Two zones would be created each with a slightly different purpose. The Business Exchange Historical (BEH) Zone is intended for the area around the Stock Exchange building. Uses here would all be inside the buildings with no outdoor storage permitted. Support uses to a job base would be permitted uses as well as small scale manufacturing and retail. Even recreational indoor uses would be allowed to create various activities that would draw people to the area. The Business Exchange Industrial (BEI) Zone is intended for manufacturing uses that would be drawn to the area because of the unique setting. Such things as contractor trade businesses and large distribution uses would not be allowed in this area because of the limited land available in this park and the desire to preserve the land for uses that are more appropriate given the setting. Uses in this area are intended to be job and product producers that are looking for a unique setting that matches their marketing scheme. Chapter 22 deals with dimensional requirements of the zone such as setbacks and lot coverage. Different heights for buildings are proposed for the different zones. A 35 foot height is proposed in the BEH Zone to be in scale with the Stock Exchange building. Rear setbacks in the BEI Zone are also proportional to the height of the building since these areas are nearest the river trail and the desire is to have a more open feel than what generally happens in industrial areas. The final set of revisions are in Chapter 23 which deal with special requirements for different uses in the manufacturing zones or special conditions for a specific zone. The first set of changes deal with revisions to existing language regarding outdoor storage. While the BEI zone would allow outdoor storage of finished products that the regulations in this section would prohibit the storage between buildings and the Weber River and also require screening from public view whether that is from the street or the pedestrian access ways. The screening wall needs to be designed to fit the architecture of the building or be a mounded landscaped areas. The Planning Commission clarified that outdoor storage can only be allowed in the BEI Zone and not the BEH Zone. The next revision was that there could be no drive-up windows for restaurants in the BEH Zone. Services and retail are allowed in the BEH Zone to provide activity in the area and meet the needs of the park as well as trail users. Indoor recreation facilities that are non-motorized are also permitted in the BEH Zone. The memo added Planning Staff also suggested a new addition to the chapter which deals with architectural requirements for development in the two zones and other special requirements for only these two zones. Things such as building materials, colors and glazing are discussed in the zones. The Planning Commission discussed living roof opportunities and the use of non-reflective materials and some silver architectural metals that are not the typical galvanized metal exterior materials of a pre-manufactured metal building. The proposed ordinance was revised to include these opportunities within the zoning designations. The Planning Commission also recommended more solid wording to void language regarding buildings in the BEH zone so that the new construction can follow the true intent of the purpose to respect the historic Exchange Building. Planning staff also noted lighting within the zone must be down lighting and not spill onto other properties and also no chain link fencing is permitted and no fencing is allowed between the buildings and the river. The memo noted the Planning Commission reviewed this item on January 21, 2015 and the Commission made a recommendation based on the findings that the proposed amendments are consistent with the master plan and the conditions desired for this area to recommend approval. The memo explained that upon creation of the new zoning language, the next step in the process is to rezone the properties with the appropriate zoning. The two new zones are defined by the proposed road systems in the development and the pathway. The BEH Zone is the area between Exchange Road and the inner loop road where the Stock Exchange building is located. The BEl Zone is the area between the loop road and the old rail bed with the loading docks. The area north of that is proposed to be rezoned to Open Space O-1 to reflect the policies of the West Ogden Plan and the general plan regarding open space zoning. The proposed zoning follows polices regarding rezoning such as boundaries following defined edges. The rezoning is important so that the existing Manufacturing M-2 uses such as salvage yards would not be allowed on this property. The rezoning also includes the existing Brenntag facility. It makes that use nonconforming so it is allowed to continue but cannot expand beyond its present boundaries. The memo concluded the Planning Commission also reviewed this item on January 21, 2015; and a recommendation was made, based on the findings the rezoning is consistent with the general and community plan, to rezone from M-2 to O-1, BEH and BEl as proposed on the presented map. Planning Manager Montgomery summarized the memo and reviewed a map of the project area to identify the areas that would be subject to each zoning designation. Council member Stephens asked Mr. Montgomery to explain how the public will have access to the areas subject to rezone actions. Mr. Montgomery noted that within the subdivision of the property, there are proposed common areas that can be accessed via public access easements; these easements will allow the public to move from Exchange Road to the common open space. He identified the public access areas on the plat map for the project. Council member Stephens asked if the access paths will be paved, to which Mr. Montgomery answered yes. Council member Wicks asked if the architecture of the buildings will be equally attractive on all sides. Mr. Montgomery answered yes and noted one of the requirements of the new zoning designations is that architectural design will be present on all four sides of a building because public access will surround entire buildings. Chair Hyer referenced the BEH Zone and noted that the Exchange Building does not consume the entire property located within that zoning designation. He asked if there will be other buildable areas within that zoning designation. Mr. Montgomery answered yes and identified the potential building lots within the BEH Zone. Chair Hyer inquired as to the building restrictions for those properties. Mr. Montgomery stated that there will be height restrictions limiting building heights to 35 feet, a restriction on the total square footage of buildings at 16,000 square feet, specific architectural standards, and no outdoor storage. Chair Hyer then referenced the public access that crosses the BEI Zone and asked if that access will be paved and include historical placards regarding the property. Mr. Montgomery answered yes; he referenced a memorandum of agreement between the City and local historic foundations that require documentation of all historic features of the property as well as the preservation of certain components of the stockyard area. Council member Gochnour thanked everyone that has been involved in developing the project and noted she feels it has been a great collaboration. The project will celebrate the historic aspect of the property while incorporating open space. Chair Hyer introduced in writing proposed Ordinance 2015-4, entitled: “An ordinance of Ogden City, Utah, amending the Ogden Municipal Code by amending Chapter 21 of Title 15 to adopt a new Business Exchange Industrial (BEI) Zone and a new Business Exchange Historical (BEH) Zone; amending Chapter 22 of Title 15 to adopt dimensional requirements in the BEI and BEH zones; amending Chapter 23 of Title 15 to establish architectural guidelines and special regulations for BEI and BEH zones; and by providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the City Recorder and ordered that the City Recorder have at least one copy available for public inspection in her office during all business hours. Chair Hyer introduced in writing proposed Ordinance 2015-5, entitled: “An ordinance of Ogden City, Utah amending the zoning map of Ogden City, as adopted by Section 15-3-3 of the Ogden Municipal Code, to reclassify as Open Space (0-1), Business Exchange Industrial (BEI) and Business Exchange Historical (BEH), property heretofore classified as Manufacturing and Industrial Zone (M-2), general located at 550 West Exchange Road; and providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the City Recorder and ordered that the City Recorder have at least one copy available for public inspection in her office during all business hours. Chair Hyer then called for public input regarding the proposed ordinances. No persons came forward to be heard regarding this matter. ON A MOTION BY COUNCIL MEMBER GOCHNOUR AND SECONDED BY VICE CHAIR WHITE, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-4 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, STEPHENS, WICKS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO – NONE. The Chair signed the ordinance as passed and adopted and the Chair’s signature was attested by the City Recorder. The authenticated ordinance was then filed with the City Recorder for transmittal to the Mayor for review and consideration. ON A MOTION BY COUNCIL MEMBER GARNER AND SECONDED BY COUNCIL MEMBER STEPHENS, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-5 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, STEPHENS, WICKS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO – NONE. The Chair signed the ordinance as passed and adopted and the Chair’s signature was attested by the City Recorder. The authenticated ordinance was then filed with the City Recorder for transmittal to the Mayor for review and consideration. Chair Hyer thanked Community Development staff, specifically Mr. Cooper, for their hard work on this project and noted his is looking forward to great things at the project area. Council member Garner echoed Chair Hyer’s comments and noted he was pleased to hear of staff’s collaboration with Weber State University to preserve the historical components of the project site. Proposed Joint Resolution 2015-10 establishing governing financial principles relating to general financial management, user fees, capital improvements, debt, investments, and reserves A memo from Council staff came before the Council to consider a joint resolution adopting financial principles. The memo stated Council and Administrative Staff are recommending adoption of Financial Principles prior to preparation of the Fiscal Year 2016 Budget in order to establish the financial policies that will guide preparation of the budget. The proposed Financial Principles are the same as those adopted with the FY2015 Budget, with two minor changes: City Debt 9. In order to establish appropriate accountability and accounting consistency, all “due to and due from transfers” are to be approved by the City Council. The Finance Manager will recommend appropriate transfers to the City Council annually in conjunction with the financial audit budget process. Reserve Policies General Fund 1. The City will may establish a General Fund contingency reserve fund on an annual basis to provide for unanticipated expenditures of a nonrecurring nature, or to meet unexpected small increases in service delivery costs. This reserve will be established at a level, not to exceed 1/2 of one percent of the general operating fund. Deputy Director Eller-Smith summarized the memo and stated in prior years the financial principles have been adopted in conjunction with the annual budget, but staff feels it is more sensible to adopt the policy prior to the adoption of the budget since the principles are meant to direct the budget process. The financial principles were originally adopted in 1995 and have been amended six times since then. Council member Gochnour asked if the change in the general fund reserve policy replacing the word “will” with “may” is a policy change. Ms. Eller-Smith stated that it has been a City practice to establish the general fund contingency reserve fund on an annual basis, but using the word “may” allows some flexibility in years where funding options for the fund may not be as readily available. Chair Hyer introduced in writing proposed Joint Resolution 2015-10, entitled: “A joint resolution of the Ogden City Council and Mayor Michael P. Caldwell establishing governing financial principles relating to general financial management, user fees, capital improvements, debt, investments, and reserves.” COUNCIL MEMBER GARNER MOVED THE RESOLUTION BE ADOPTED, AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, STEPHENS, WICKS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO – NONE. Public Comments Kim Dixon, 1590 South 2350 West, West Haven, stated she wanted to provide the Council with information about a project that she hopes to sponsor that will honor the service men and women and veterans of World War II from Weber County and Ogden City. She stated one year ago she was looking through old editions of the Standard-Examiner and discovered she could identify the names and addresses of those veterans that had served living in Weber County and an idea was born to create the project. The stories of the veterans are very amazing and on May 18, 2015 she would like to place a flag at every home address of the 6,000 veterans from Weber County and she is looking for volunteers to assist with her project. She provided information about how the project will be carried out, noting that veterans will have the opportunity to opt-out of the project if they choose not to have a flag in their yard. She stated there will be an article in the newspaper this Friday announcing her need for volunteers and she concluded she feels the celebration will be wonderful and awe inspiring. Council member Garner inquired as to who is providing the flags for the project. Ms. Dixon stated the volunteers will provide the flags and that is why she is seeking help from scouting groups that likely already have flags available. She added she has created a website for her project: www.wcgreatestgeneration.com and it includes stories of some of the veterans from the County. Information is also available on her Facebook page by searching for Weber County greatest generation, or she can be reached at wcgreatestgeneration@gmail.com. She invited support from the City and its residents. Mayor Comments Mayor Caldwell thanked Ms. Dixon for what she is doing and noted that movements such as the one she is promoting get started with a passionate champion and volunteer. He then thanked those City staff members, specifically Mark Johnson, Greg Buxton, Gary Williams, and Mark Stratford, as well as Department Directors of the City that have been very involved in the current legislative session, which will conclude in two weeks. Closed Executive Session At this time the Council gave consideration of adjourning into Closed Executive Session for the purpose of discussing employee negotiations pursuant to the provisions of Section 52-4-205(1)(b) of the Open and Public Meetings Law. Assistant City Attorney Stratford indicated this was an appropriate purpose to hold a Closed Executive Session. COUNCIL MEMBER GARNER MOVED THE COUNCIL ADJOURN INTO A CLOSED EXECUTIVE SESSION PURSUANT TO THE PROVISIONS OF SECTION 52-4-205(1)(b) OF THE OPEN AND PUBLIC MEETINGS LAW FOR THE PURPOSE OF DISCUSSING EMPLOYEE NEGOTIATIONS. MOTION WAS SECONDED BY VICE CHAIR WHITE, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, STEPHENS, WICKS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO - NONE. The meeting adjourned into Closed Executive Session at 6:30 p.m. The meeting reconvened at 7:31 p.m. There being no further business to come before the Council, COUNCIL MEMBER WICKS MOVED THE MEETING ADJOURN AT 7:32 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. ________________________________________ TRACY HANSEN, MMC CITY RECORDER ________________________________________ RICHARD A. HYER, CHAIR APPROVED: June 2, 2015