City Council

Minutes of Regular Meeting of Council of Ogden City, Utah, September 1, 2015 Page Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, September 1, 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 City Attorney Gary Williams Fire Chief Mike Mathieu Public Services Director Jay Lowder Comptroller Lisa Stout Planning Manager Greg Montgomery Recreation Manager Edd Bridge Arts Coordinator Diane Stern Chief Deputy Recorder Lee Ann Peterson At the request of the Chair, all present stood and recited the Pledge of Allegiance led by Ogden AYSO Youth Soccer Team member Izza Felix. A moment of silence was observed. Proposed Joint Resolution 2015-25 honoring the Ogden ICE AYSO Youth Soccer Team for an exceptional season A joint resolution regarding an Ogden AYSO Youth Soccer Team came before the Council for consideration. Council member Blair read the joint resolution, after which COUNCIL MEMBER BLAIR MOVED TO APPROVE THE JOINT RESOLUTION. MOTION WAS SECONDED BY COUNCIL MEMBER STEPHENS, ALL VOTING AYE. Chair Hyer then presented the joint resolution to Coach Steven Van Wagoner, Assistant Coach David Girardo, and team members. The team members performed their team cheer for the Council, after which Coach Van Wagoner thanked the Mayor and Council for showing their support for AYSO, who has enjoyed a long term partnership with Ogden City since 1981. He stated the two Ogden regions have been combined to create one united Ogden AYSO region, which served close to 900 youth this year. The program is a fundamental part of the community and it would not be possible without the support of Ogden City Recreation. Last year a new program was started called The Extra Program; it is a step above the primary program and he had the privilege of coaching the team. He stated the team was a try-out team that had the privilege of playing from Sandy to Brigham City and went undefeated scoring 117 goals. He indicated last year 70 children tried out for the team and this year 130 tried out. This is a results driven program that, again, would not be possible without Ogden City Recreation support. He said the region has the most beautiful parks and well maintained fields of any of the parks the team has played at; Ogden is a perfect setting. Coach Van Wagoner announced this team won the Crystal Soccer Ball, which is a first for an Ogden team. The team thought it would be best displayed in the City’s Recreation building and he presented it to Recreation Manager Bridge. He thanked Mr. Bridge for the time he dedicates to the AYSO organization. Mr. Bridge said Ogden City Recreation is honored to accept the award and he congratulated the team that won the Crystal Soccer Ball. Council member Stephens stated that he had children who participated in AYSO and he understands the dedication that coaches and parents give to the program. Chair Hyer agreed and thanked Coaches Van Wagoner and Girardo for serving the youth of Ogden. Proposed Joint Resolution 2015-26 recognizing the Engaged Learning Series on Waste at Weber State University A joint resolution regarding the Engaged Learning Series on Waste at Weber State University (WSU) came before the Council for consideration. Council member Gochnour read the joint resolution, after which COUNCIL MEMBER GOCHNOUR MOVED TO APPROVE THE JOINT RESOLUTION. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. Council member Gochnour then presented the joint resolution to Becky Jo Gesteland, Director for the Engaged Learning Series. Ms. Gesteland stated she is very excited about the theme for this year’s engaged learning series: waste. She feels the series needs to be a partnership between the community, campus, cities, and counties and encouraged everyone to get involved. In the near future she will provide copies of fliers and brochures regarding the series so that Council members and City officials can help to spread the word throughout the community. She then introduced additional WSU representatives present: Interim Associate Dean for the Lindquist College of Arts and Humanities Catherine Zublin, Chair of the Visual Arts Department Matthew Choberka, Executive Director for the Center for Community Engaged Learning Brenda Kowalewski, Community Research Extension Coordinator Azenett Garza, and WSU Development Director Carol Biddle. Lydia Gravis, Mary Elizabeth Dee-Shaw Gallery Director, remarked she is pleased to be able to partner with the Center for Community Engaged Learning on campus to offer an exhibition this fall that will directly tie into the theme of waste. She discussed artists that will participate in the exhibit, one of which uses recycled materials to build sculptures that will tower above visitors in the gallery. She extended an invitation to the Council to the opening of the exhibit on September 11, 2015 from 7:00 to 9:00 p.m.; it is a family friendly exhibition. She added that on September 16, 2015 a free film screening will be offered at Peery’s Egyptian Theater of the film Wasteland. She stated she works hard to let people know that she does not just serve the campus, but rather she serves the entire northern Utah community. Approval of Minutes Council member Wicks stated she had reviewed the minutes of the special meeting of May 12, 2015 and found them to be accurate to the best of her recollection. Council member Gochnour stated she had reviewed the minutes of the study session of June 16, 2015 and the joint study session of July 7, 2015 and found them to be accurate to the best of her recollection. COUNCIL MEMBER GOCHNOUR THEN MOVED TO APPROVE THE MINUTES AS PRESENTED. MOTION WAS SECONDED BY COUNCIL MEMBER WICKS, ALL VOTING AYE. Proposed Ordinance 2015-36 providing for the annexation of 19.17 acres of land generally located at 2863 South 1250 West and classifying said land as Manufacturing and Industrial Zone (M-2) A memo from Council staff regarding the proposed annexation of property located at 2863 South 1250 West came before the Council for consideration. The memo stated the proposed ordinance would approve the annexation of approximately 24 acres of property consisting of property owned by Geneva Rock and a smaller section of railroad track owned by Oregon Short Line Railroad. The property is located within Area 7 of the City’s annexation plan. The proposed zoning designation is M-2, or the Manufacturing and Industrial Zone, which is consistent with the General Plan for annexation in this area. Chair Hyer then introduced in writing proposed Ordinance 2015-36, entitled: “An ordinance of Ogden City, Utah providing for the annexation to Ogden City of 24.18 acres of land contiguous to the corporate limits of said City; which land annexed is generally located at 2863 South 1250 West; and is more particularly described in the body of the ordinance; declaring the annexation thereof and extension of the corporate limits of said City accordingly; and classifying said land for zoning as Manufacturing and Industrial Zone (M-2); and providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the Chief Deputy 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 GARNER MOVED A PUBLIC HEARING ON THE PROPOSED ORDINANCE BE HELD IN THE CITY COUNCIL CHAMBERS ON SEPTEMBER 15, 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 2015-37 providing for the annexation of 1.97 acres of land generally located at 1438 West 3300 South and classifying said land as Manufacturing and Industrial Zone (M-2) A memo from the Council staff regarding the proposed annexation of property located at 1438 West 3300 South came before the Council for consideration. The memo stated the proposed ordinance would approve the annexation of approximately two acres of property owned by Michael and Melissa Smith. The property is within Area 7 of the City’s annexation plan. The proposed zoning designation is M-2, or the Manufacturing and Industrial Zone, which is consistent with the General Plan for annexation in this area. Chair Hyer then introduced in writing proposed Ordinance 2015-37, entitled: “An ordinance of Ogden City, Utah providing for the annexation to Ogden City of approximately two acres of  land contiguous to the corporate limits of said City, which land annexed is generally located at 1438 West 3300 South; declaring the annexation thereof and extension of the corporate limits of said City accordingly; and classifying said land for zoning as manufacturing and industrial zone (M-2); and providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the Chief Deputy 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 GARNER MOVED A PUBLIC HEARING ON THE PROPOSED ORDINANCE BE HELD IN THE CITY COUNCIL CHAMBERS ON SEPTEMBER 15, 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 2015-38 amending the budget for the fiscal year July 1, 2015 to June 30, 2016 by increasing the anticipated revenues for a gross increase of $1,234,254 A memo from the Fire Department regarding funding for Fire Station #3 came before the Council for consideration. The memo stated Capital Improvement Plan (CIP) Project was projected to cost $2,636,100. This projection was based on estimates of similarly built fire stations as recent as 3-5 years ago in this area. This estimate was for design, construction, and furnishings. Bids from responsive contractors to award this work have come in close to $3,100,000 for construction without architectural services of $110,000. This does not include any funding for other ancillary costs, furnishings, or contingency. This is a budget opening request for additional funding of $611,017 and the re-appropriation of $128,985 balance from the remodel of Station #2 for a total of $740,002 to complete the project. Comptroller Stout summarized the staff memo and stated the proposed budget amendment ordinance includes an appropriation from the medical services fund balance in the amount of $617,127; this money will be transferred to the CIP fund to be appropriated in conjunction with Percent for Arts funding to fund the construction of Fire Station #3. Additionally, the ordinance would reallocate money from the Fire Station #2 project, which was remodeled; there is extra money in the amount of $128,985 that could be used for the Fire Station #3 project. The total proposed budget increase is $1,234,254. The Chair then called for a public hearing on proposed Ordinance 2015-38, entitled: “An ordinance of Ogden City amending the budget for the Fiscal Year July 1, 2015 to June 30, 2016 by increasing the anticipated revenues for a gross increase of $1,234,254 from sources as detailed in the body of his ordinance; and increasing the appropriations for a gross increase of $1,234,254 as detailed in the body of this ordinance; and providing that this ordinance shall become effective immediately upon posting after final passage.” The Chief Deputy City Recorder presented written notice of said hearing and affidavit of the publication in the Standard- Examiner on the 23rd day of August, 2015, specifying the time and place of this meeting as the time and place when and where the proposed ordinance would be given a public hearing and be considered for final passage. The proof of publication was accepted and filed. The proposed ordinance was read by long title and all persons interested were given full and fair opportunity to be heard. There being no persons appearing to be heard, COUNCIL MEMBER GARNER MOVED THE PUBLIC HEARING BE CLOSED. MOTION WAS SECONDED BY VICE CHAIR WHITE, ALL VOTING AYE. ON A MOTION BY COUNCIL MEMBER GARNER AND SECONDED BY COUNCIL MEMBER STEPHENS, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-38 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. Proposed Ordinance 2015- 39 amending the Zoning Map of Ogden City as adopted by Section 15-3-3 of the Ogden Municipal Code reclassifying property generally located along the east side of the Weber River between 24th and 30th Streets from Manufacturing and Industrial Zone (M-2) to Open Space Zone (O-1) A memo from the Community and Economic Development Department regarding a proposed property rezone along the east side of the Weber River between 24th and 30th Streets came before the Council for consideration. The memo stated there are two tracts of land to be considered for this rezone. One is the 4.21 acre property owned by Ogden City that is situated immediately south of the 24th Street viaduct between the railroad yards and the Weber River. It is largely inaccessible by motorized vehicles at this time. Although the property being considered is across the river to the east, it still contributes to the Weber River parkway experience as it transitions into the Serge Simmons ball fields.  The memo reported the other property to be considered for this rezone is the 44.65 acres of Weber County owned land that makes up Fort Buenaventura as it extends to the railroad tracks to the south. The prevailing character of both these areas is riparian open space. For that reason O-1 is appropriate. It should also be noted that these areas were designated O-1 as part of the West Ogden Community Plan that was adopted in 2014. The rezoning of these parcels will be the implementation of the West Ogden Community Plan and helps to preserve this area of flood plain as park land. It helps to preserve the Weber River corridor that includes ball fields, dog park space, county park space and a heavily used bicycle/pedestrian pathway for future generations. All the properties have at least similar zoning across the river. No zoning boundaries will cut across any property lines. The Planning Commission reviewed this item on May 6, 2015 and recommends approval to rezone from the properties along the east side of the Weber River between 24th Street viaduct and approximately 30th Street from M-2 to O-1. The Planning Commission found that the O-1 zoning at this location is consistent with the character of the area, does not divide lots, better reflects the overall current development patterns and is consistent with policies of the General Plan and the West Ogden Community Plan. Planning Manager Montgomery summarized the memo and emphasized that the proposed rezone action is based largely upon the recommendation of the West Ogden Community Plan, which calls for these types of actions to more closely represent the character of the neighborhood; it is felt that additional manufacturing uses would no longer be compatible with the area. Vice Chair White inquired as to who will maintain the property that will be designated as open space. Mr. Montgomery noted property owners are responsible for maintenance; he reiterated Weber County owns the larger 44 acre parcel and they will responsible for land use and maintenance of the property and the open space zoning ensures that the land use will be compatible with the river. Vice Chair White then inquired as to the number of participants in the development of the West Ogden Community Plan. Mr. Montgomery stated there was a steering committee made up of 10 people who facilitated open house events for input regarding the plan; approximately 60 people attended each of the two open houses. He added that approximately 10 people attended the public hearing regarding the Plan. Council member Stephens referenced property in the vicinity of the two subject parcels of property that already carry the O-1 zoning designation and stated the proposal appears to be in harmony with existing land uses. Mr. Montgomery agreed and said that the proposed rezone is consistent with the West Ogden Community Plan and some of the current open space uses in the neighborhood. Council member Garner pointed out that the old landfill property also carries an open space designation. Mr. Montgomery responded that is correct and noted that it has the O-1 open space zoning designation. Chair Hyer introduced in writing proposed Ordinance 2015-39, 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 zone (O-1) property heretofore classified as manufacturing and industrial zone (M-2), generally located along the east side of the Weber River between 24th Street and 30th Street; and providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the Chief Deputy 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 ordinance. No persons came forward to be heard regarding this matter. ON A MOTION BY COUNCIL MEMBER GOCHNOUR AND SECONDED BY COUNCIL MEMBER BLAIR, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-39 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. Proposed Ordinance 2015-40 amending the Zoning Map of Ogden City as adopted by Section 15-3-3 of the Ogden Municipal Code reclassifying property generally located along the south side of Lake Street between A Avenue and B Avenue from Manufacturing and Industrial Zone (M-2) to Single-Family Residential Zone (R-1-5) A memo from the Community and Economic Development Department regarding the proposed rezone of property located on Lake Street between A and B Avenues came before the Council for consideration. The memo stated there are five properties along the south side of Lake Street between A and B Avenues. The one property at the corner of Lake and A Avenue is 123 Welding LLC. It is the only property that meets the prescribed land use (manufacturing) for the existing zoning. The other properties are either single family residential or vacant at this time. The existing M-2 zoning between A and B Avenues is an island of manufacturing surrounded by R-1-5 and O-1 (open space). The welding shop only amounts to 23.8% of the total land being considered for the rezone. The prevailing character of the area is clearly single family residential. It should also be noted that this area was designated for R-1-5 as part of the West Ogden Community Plan that was adopted in 2014. Staff explained that the R-1-5 zoning at this location meets the standard tests for analysis of such zoning changes. The streets and O-1 zoning on the south satisfy the standard for an established edge. As mentioned above the character of the site is residential. All the properties except the welding shop have at least similar zoning across the street. No zoning boundaries will cut across property lines. The memo further explained the Planning Commission reviewed this item on May 6, 2015 and recommends approval to rezone the properties along the south side of Lake Street between A and B Avenues from M-2 to R-1-5. The Planning Commission finding that the R-1-5 zoning at this location is consistent with the character of the area, does not divide lots, better reflects the overall current development patterns and is consistent with policies of the General Plan and the West Ogden Community Plan. A Planning Commissioner raised the question of the welding shop being non-conforming and commented that this rezone would impact the existing business. Staff pointed out that zoning maps do not always reflect existing land use, and that the business could continue to function as a non-conforming use at its current location. Planning Manager Montgomery summarized the memo and emphasized this Planning recommendation is based largely upon the recommendations of the West Ogden Community Plan; the Plan addresses isolated pockets of manufacturing uses and how they adversely impact the residential character of the area. He stated the subject properties were identified to be rezoned for residential use to comply with the Plan. He used the aid of a map to identify the location of the five properties subject to the rezone and he also identified nearby properties that currently carry residential or open space zoning designations. He highlighted the fact that the manufacturing properties are isolated within a residential area and the facts that visitors to the properties must drive a long distance on residential streets are negatively impacting the area. He added future zoning plans for the area contemplate higher density residential zoning, but the current recommendation is to assign the R-1-5 zoning designation to the five properties. He reviewed the history of the property and noted that the manufacturing zoning was not as problematic for the area in the past given the fact that the old landfill was operational and it was believed that not many people would desire to build their residence on a street that experienced heavy garbage truck traffic. He stated the landfill has been closed since 1996, yet the manufacturing zoning has remained in place and the community has communicated there is no reason to maintain the manufacturing zone. He concluded the Planning Commission recommended the zone change, specifically because it complies with the policies of the General Plan and the West Ogden Community Plan. He noted the existing manufacturing use would receive a legal non- conforming use certificate that would follow the land regardless of ownership and there are even opportunities for the manufacturing use to expand. He referenced the parcel of property that is currently vacant; the owner of that property purchased it in 2009 with the understanding that it carried a manufacturing zoning designation. The property is still vacant and the Planning Commission felt it would be appropriate to assign it a residential zoning designation to be consistent with the character of the neighborhood and future development trends. Council member Garner asked Mr. Montgomery to discuss the different property tax rates for the two zoning designations being discussed. Mr. Montgomery stated that manufacturing properties are taxed at 100 percent of their property value and residential properties are taxed at 55 percent of their property value; he indicated he is unsure of the tax rate that will be assigned to the property that currently contains a manufacturing use. Council member Stephens asked for information regarding the standards associated with the R-1-5 zoning designation. Mr. Montgomery stated that R-1-5 reflects the majority of the residential uses in the neighborhood; it is a single family zone that allows for a minimum of 5,000 square feet lots. Council member Stephens asked if the owner of the property currently containing the welding shop would be required to provide a buffer between his property and the residential properties if the rezone is approved. Mr. Montgomery answered that if the property owner wished to expand his business there would be buffering requirements associated with that expansion. He added there is currently a slatted fence on the western property line. Council member Stephens then noted two Planning Commissioners voted in opposition to the rezone and he inquired as to the reasons for their no votes. Mr. Montgomery stated they did not provide specific reasons, but Commissioner Southwick did indicate he felt the existing manufacturing use should be allowed to continue. Vice Chair White referenced a large building near the subject properties and she inquired as to the use of that building. Mr. Montgomery responded it served as a tipping station when the County’s landfill was still operational; it is supposed to be demolished, but that has not yet occurred. Chair Hyer inquired as to why it would not be more appropriate to carve out the property that currently has a manufacturing use and allow for it to continue carrying the manufacturing zoning designation. Mr. Montgomery replied there are 15 criteria that are considered when determining the appropriate location for manufacturing zoning and the biggest reason for changing the zoning designation is that the property is not located on a major arterial collector street, which is typically a justification for commercial zoning. He stated the property can be better controlled by issuance of a non-conforming use certificate rather than allow the manufacturing use to continue due to the fact that several different land uses are permitted within the M-2 zoning designation that could have a detrimental impact on residential properties. Vice Chair White asked if the residents in the area built their homes understanding that they were located near M-2 zoning. Mr. Montgomery answered no and indicated the homes in the area were built prior to the landfill being located there. Council member Stephens clarified that the vacant parcel subject to this application was zoned M-2 when the current property owner purchased it. Mr. Montgomery stated that is correct. Chair Hyer introduced in writing proposed Ordinance 2015-40, 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 Single-family Residential Zone (R-1-5) property heretofore classified as Manufacturing and Industrial Zone (M-2), generally located along the south side of Lake Street between A Avenue and B Avenue, and providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the Chief Deputy 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 ordinance. Orva Martinez, 527 West Lake Street, stated her home is located next to the 123 Welding shop. She stated she is interested in seeing the vacant property next to hers rezoned residential; she was told by the person that purchased the property that she plans to locate a towing business there and she feels that would create problems for the vicinity. She stated she lives alone in her home and the neighbor on the other side of the vacant parcel also lives alone in her home and both would be negatively impacted if the owner were allowed to build a towing business there. Pamela Franks stated that she owns a towing company that operates in Salt Lake City and Ogden. She owns the vacant parcel of property and when she purchased the property it carried the M-2 zoning designation – she would like for that to continue as it is the only reason she purchased the property. She was considering purchasing a towing company in Ogden and when she visited with Ogden City she was told that some of the towing companies she was interested in were not permitted to be in operation. She decided to find an area where a towing use would be permitted; she is not interested in operating a full towing service, but just a storage lot and she found the lot in West Ogden, which carries the M-2 zoning designation. She has visited with the City regarding the requirements that she would need to adhere to in order to locate her business there and some of the requirements are somewhat abnormal to her and that has contributed to the reasons that the business has not yet been constructed. She stated, however, that she is opposed to the rezone because it would negatively impact her. She has been trying to keep the property maintained, though some have complained about the property. She said she has received purchase offers for the property in the past. She purchased the property for approximately $30,000 and has been offered $5,000, which was insulting to her. She commented that at this point she wants the zoning designation to be maintained. She has spoken with the owner of the welding company and has been surprised to find that this issue has been discussed for the past year. She contacted the City to provide an alternate address where she could be contacted regarding future actions relating to her property. Daughter of Orva Martinez, no name or address given, stated that her mother has lived in her home in West Ogden since 1964 and she dealt with the landfill when it was in operation. She has maintained her home and property very well. She stated the owner of the welding shop is very nice and he takes care of his property because the welding shop is his livelihood. She said that the business does not generate a significant amount of traffic. The shop owner also lives in the neighborhood and she is hopeful that the he is allowed to continue to operate his business upon the rezone. She stated that Ms. Franks does not live in the area and an impound yard would be very dangerous and not practical for the neighborhood, which is made up of very nice people. Council member Gochnour inquired as to the steps the owner of the welding shop would need to follow in order to be permitted to continue to operate his business there. Mr. Montgomery responded that if the rezone were approved, the owner would not be required to do anything; the City would provide a non-conforming use certificate expressing the owner has rights to continue to operate his welding shop. However, if the owner wished to expand his business or make changes to the property, an application to do so would need to be reviewed by the Planning Commission to ensure that the changes would not be impactful to the neighborhood or be more intense than the existing land use. He added that if the manufacturing zone were maintained for the property, the applicant would not be required to make any such application to the City and, instead, any use permitted in the zone would automatically be allowed. Council member Gochnour clarified that the property owner would not be required to initiate the issuance of the non-conforming use certificate. Vice Chair White asked what would happen if the current owner sold the property. Mr. Montgomery stated that the non- conforming use certificate would run with the land regardless of ownership; the only circumstance where non-conforming status would be lost is if the owner were to abandon the property and leave the building vacant for one year. ON A MOTION BY VICE CHAIR WHITE AND SECONDED BY COUNCIL MEMBER GARNER, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-40 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. Council member Garner noted that Ms. Martinez has lived at her home for a long period of time and has taken great care of her property; in 1984 the zoning of the property was changed to accommodate a landfill, which has been gone now for 20 years. He stated he feels the action taken this evening to return the zoning designation to residential was appropriate. He feels the Council is listening to the needs and concerns expressed by the citizens during the development of the West Ogden Community Plan. Proposed Ordinance 2015-41 amending Title 3, Chapter 16 of the Ogden Municipal Code to restate the purpose, organization, and powers and duties of the Ogden City Arts Advisory Committee A memo from the Community and Economic Development Department regarding proposed changes to the City Code pertaining to the Ogden City Arts Advisory Committee came before the Council for consideration. The memo stated the Ogden City Arts Advisory Committee performs a valuable service through and under the direction of the Ogden City Arts Coordinator in the areas of arts advocacy, administration of the percent for art program, the arts grants program, the Mayor's awards in the arts and first Friday art stroll. Modifications are being proposed to the ordinance authorizing the Arts Advisory Committee to clarify the Committee's roles and responsibilities. Arts Coordinator Stern summarized the memo and stated for the past ten years, the Arts Advisory Committee was managed by an outside contractor. During fiscal year 2015, City Administration moved the management of arts programs back to Ogden City. The change in management necessitates changes to the ordinance to more accurately describe the structure of the Arts Advisory Committee, the relationship between the Ogden City Arts Coordinator and the Arts Advisory Committee, and the duties and responsibilities of the Arts Advisory Committee. She explained Section One of the ordinance proposes the following changes to Title 3 Chapter 16 of the Ogden City Code:  Subsection 3-16-1, in new subsection F, is modified to establish the Arts Advisory Committee as the municipal cultural council for Ogden City. This is a reference to a state law designation to allow the Committee to apply for funding through Weber County Recreation, Arts, Museums and Parks.  In subsection 3-16-2.0, the terms of office and duties of chair, vice chair and past chair are clarified as well as the line of succession.  Subsection 3-16-3.C clarifies the process for recommending funding to be distributed through the arts grants program.  Subsection 3-16-3 also outlines the powers and duties of the Arts Advisory Committee in the areas of advising on the percent for art program, the arts master plan, the Mayor's awards in the arts, the first Friday art stroll, grant funding, the coordination of ephemeral art, and the planning of arts on the town, to better reflect the activities of the Arts Advisory Committee.  In subsection 3-16-5, the sunset provision was removed and guidelines for arts grant funding were added. The guidelines (3-16-5.A - O) go into detail about the relationship between the Ogden City Arts Coordinator and the Arts Advisory Committee and the appointment of a subcommittee to oversee the recommendation of arts grants. This subsection details that the grant subcommittee will have five (5) members, at least three of whom will be members of the arts advisory committee as well as members of the general public, as appropriate, and stipulates that a representative from community and economic development and a City Council member be included on the grants subcommittee as ex officio members. The grant subcommittee will adhere to the guidelines for grant applications and prepare recommendations for funding.  Subsection 3-16-5 also adds additional detail regarding minimum guidelines for grants. There is language establishing that up to forty percent (40%) of appropriated funds be allocated to general support grants for ongoing community organizations. The balance of funding will be allocated to project support grants.  Subsection 3-16-6 (A-B) outlines the duties of the Arts Advisory Committee in connection with determining recommendations for the percent for art program. The Arts Advisory Committee will appoint a design subcommittee comprised of members of the Arts Advisory Committee, members of the general public, a representative from community and economic development (ex officio) and a City Council member (ex officio).  Section 2 includes a transition clause to recognize that the provisions of this ordinance applicable to the percent for art process supersede contrary provisions in title 4, article C of Ogden City Code. Ms. Stern concluded there are no fiscal implications associated with the proposed ordinance and she recommended its adoption. Council member Wicks referenced the makeup of a design subcommittee. She noted there is no limit to the number of at- large members that could be appointed to that committee and she has concerns about loss of control of the committee. Ms. Stern stated the subcommittees would be appointed by the members of the advisory board and she is not concerned about a lack of control; the intent was to allow for certain experts to participate on subcommittees that may not participate on the Arts Advisory Committee. Council member Wicks noted that for the design subcommittee and grant subcommittee she would prefer that the majority of the members are also members of the Arts Advisory Committee, though she understands the need for the subcommittees. Council member Gochnour thanked Ms. Stern and other members of staff who worked to update and amend the City Code sections pertaining to the Arts Council. Chair Hyer introduced in writing proposed Ordinance 2015-41, entitled: “An ordinance of Ogden City, Utah, amending Title Three Chapter Sixteen of the Ogden Municipal Code to restate the purpose, organization, and powers and duties of the Ogden City Arts Advisory Committee; 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 Chief Deputy 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 ordinance. No persons came forward to be heard regarding this matter. ON A MOTION BY COUNCIL MEMBER GOCHNOUR AND SECONDED BY COUNCIL MEMBER GARNER, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-41 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. Mayor Comments Mayor Caldwell thanked Ms. Stern for her work as the Ogden City Arts Coordinator; she has brought a great deal of credibility and knowledge to the position and he appreciates her willingness to serve. He then thanked Public Services Director Lowder and his staff for their hard work on the Water Treatment Plant project; he noted the Council will gain firsthand knowledge of the quality of the facility during their site visit later this evening. He noted the facility will secure safe drinking water for the community for years to come. Council member Comments Council member Wicks echoed Mayor Caldwell’s praise for Ms. Stern; she noted she has had concerns about accountability in the arts programs in the past and she feels recent changes and improvements provide the potential for the programs to be awesome. Council member Stephens agreed; he noted arts is so important to the community for setting a standard for living and enticing people to gravitate to the community. Vice Chair White remarked that as the community follows down the path of STEM education, arts plays a very important role in that transition. There being no further business to come before the Council, COUNCIL MEMBER GARNER MOVED THE MEETING ADJOURN AT 7:10 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER WICKS, ALL VOTING AYE. ________________________________________ LEE ANN PETERSON, MMC CHIEF DEPUTY CITY RECORDER ________________________________________ RICHARD A. HYER, CHAIR APPROVED: October 6, 2015