City Council

Minutes of Regular Meeting of Council of Ogden City, Utah, September 15, 2015 Page Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, September 15, 2015 at 6:02 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 Michael P. Caldwell Chief Administrative Officer Mark Johnson City Attorney Gary Williams Planning Manager Greg Montgomery Comptroller Lisa Stout Police Chief Mike Ashment Public Services Director Jay Lowder Deputy City Recorder Abbie Zampedri 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. Approval of Minutes Council member Garner stated he had reviewed the minutes of the Work Sessions of May 5 and 12, 2015 and found them to be accurate to the best of his recollection. Council member Blair stated he had reviewed the minutes of the Regular Meeting of June 16, 2015 and found them to be accurate to the best of his recollection. Council member Gochnour stated she had reviewed the minutes of the Work Session of June 16, 2015; the Joint Study Session of June 23, 2015; and the Regular Meeting of June 23, 2015 and found them to be accurate to the best of her recollection. Council member Wicks stated she had reviewed the minutes of the Work Session of June 23, 2015 and found them to be accurate to the best of her recollection. Council member Stephens stated he had reviewed the minutes of the Regular Meeting of July 7, 2015 and found them to be accurate to the best of his recollection. Vice Chair White stated she had reviewed the minutes of the Work Session of July 7, 2015; the Closed Session of July 28, 2015; and the Joint Study Session of July 28, 2015 and found them to be accurate to the best of her recollection. VICE CHAIR WHITE THEN MOVED TO APPROVE THE MINUTES AS PRESENTED. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. Proposed Joint Proclamation of Ogden City and Weber State University declaring September 17, 2015 as “Edward B. and Carol Cope Freestone Day” in Ogden City A joint proclamation declaring September 17, 2015 as Edward B. and Carol Cope Freestone Day in Ogden City came before the Council for consideration. COUNCIL MEMBER GARNER MOVED TO APPROVE THE JOINT PROCLAMATION. MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. The joint proclamation was presented to the recipients by the Mayor at future ceremonial event. Proposed Joint Proclamation of Ogden City and Weber State University declaring September 18, 2015 as “Amina Khan Day” in Ogden City A joint proclamation declaring September 18, 2015 as Amina Khan Day in Ogden City came before the Council for consideration.  COUNCIL MEMBER GARNER MOVED TO APPROVE THE JOINT PROCLAMATION. MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. The joint proclamation was presented to the recipients by the Mayor at future ceremonial event. Proposed Joint Proclamation of Ogden City and Weber State University declaring September 18, 2015 as “Parker Shaw Day” in Ogden City A joint proclamation declaring September 18, 2015 as Parker Shaw Day in Ogden City came before the Council for consideration. COUNCIL MEMBER GARNER MOVED TO APPROVE THE JOINT PROCLAMATION. MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. The joint proclamation was presented to the recipients by the Mayor at future ceremonial event. 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 the Community and Economic Development Department regarding the proposed annexation of property located at 2863 South 1250 West came before the Council for consideration. The memo stated a petition has been filed for the annexation of approximately 19 acres of property. The petitioner, Geneva Rock Products, Inc., submitted the petition requesting the City annex their property into the City from Weber County. The property is located within Area 7 of the City’s annexation plan and the General Plan indicates that the properties should be zoned M-2. During discussions with the Planning Commission, concerns were raised about the potential M-2 zoning and the surrounding residential uses. Much of the concern raised by residents was specific to the Recycled Earth facility and not to the Geneva Rock recycling facility. Concern was raised about the impact of the uses allowed in the M-2 Zone. The Planning Commission included in their recommendation that the Council consider other zones for the property. Geneva Rock has indicated that they wish to expand their operation and that an M-2 zoning designation is needed to do so. A less intense zone, such as the M-1, would not allow them to expand as desired. As mentioned, much of the concern of the residents was specific to the Recycled Earth facility and not the Geneva Rock facility. Planning Staff indicated that they would review the terms of the conditional use permit for Recycled Earth and address the issues that way. The memo further indicated the City’s annexation plan does call for the property to be zoned M-2. With the application completed and accepted for review, a formal noticing process was initiated by the Recorder’s Office. This was completed as required by City and State Code. The noticing period that takes place after acceptance allows for affected entities and other stakeholders to file formal protests against a proposed annexation. As indicated by the Recorder’s Office, no formal protest has yet been filed. The current proposal is to approve the petition to annex 19 acres of property at 2863 South 1250 West and to assign the zoning classification of M-2 to the property. The memo concluded the Planning Commission reviewed both the annexation and the zoning designation for the properties at the meeting on June 3, 2015 and recommends approval of the annexation and zoning designation with the finding that the M-2 Zone is consistent with the character of the area, the proper edges are being created, it does not divide lots, and better reflects current development patterns in the area. Additionally, the Commission found that adequate services can be provided to this area, and the annexation is consistent with the Annexation Area 7 map. The Commission’s unanimous recommendation of approval was subject to the following conditions: 1. The railroad properties and the areas northwest of the property and south of the property be included in the annexation plat; 2. The annexed property be zoned M-2; 3. All department Staff requirements be obtained and satisfied; and 4. The City Council considers whether other zoning options might be more appropriate. Planning Manager Montgomery summarized the memo and reviewed an aerial map to identify the location of the subject property. He noted that as development takes place, State Law recognizes that development should occur within municipalities rather than in areas of unincorporated County property. He stated this annexation complies with State Law, the City’s General Plan, and the City’s Annexation Plan. He reiterated the Planning Commission felt the annexation is appropriate and that the property should be zoned M-2. He continued reviewing the map of the area of the subject property and highlighted residential properties located adjacent to the subject property. He indicated that there were some concerns expressed by the owners of those properties regarding the M-2 zoning designation, but staff and the Planning Commission felt the zoning designation was appropriate due to the fact that it conforms to other zoning in the vicinity of the subject property. Council member Stephens asked if there was any discussion among staff or the Planning Commission regarding creating a buffer area between the subject property and the residential properties. Mr. Montgomery stated that the subject properties could eventually be converted to industrial properties in the future, as is called for in the General Plan, and at that point a buffer would be meaningless. He stated consideration has been given to mitigating the impacts of manufacturing uses on the residential properties and the owner has been asked to be conscientious of his neighbors, but there is no mechanism in the City’s land use code to require buffering. He added he does not know the exact proposed use or layout of the property, but it is his understanding that the property will accommodate an expansion of Geneva Rock.  The Chair then called for a public hearing on proposed Ordinance 2015-35, 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 this 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.” The Deputy City Recorder presented written notice of said hearing and affidavit of the publication in the Standard Examiner on the 4th day of September, 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 GOCHNOUR MOVED THE PUBLIC HEARING BE CLOSED. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. ON A MOTION BY COUNCIL MEMBER GOCHNOUR AND SECONDED BY COUNCIL MEMBER BLAIR, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-35 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 2015-37 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 Community and Economic Development Department regarding the proposed annexation of property located at approximately 1438 West 3300 South came before the Council for consideration. Michael and Melissa Smith, owners of Smith Stone Supply Company, have submitted the petition requesting the City annex their property into the City from Weber County. The property is located within Area 7 of the City’s annexation plan and the General Plan indicates that the properties should be zoned M-2. With the application completed and accepted for review, a formal noticing process was initiated by the Recorder’s Office. This was completed as required by City and State Code. The noticing period that takes place after acceptance allows for affected entities and other stakeholders to file formal protests against a proposed annexation. As indicated by the Recorder’s Office, no formal protest has yet been filed. The current proposal is to approve the petition to annex 2 acres of property at 1438 West 3300 South and to assign the zoning classification of M-2 to the property. The memo concluded the Planning Commission reviewed both the annexation and the zoning designation for the properties at the meeting on June 3, 2015 and recommends approval of the annexation and zoning designation with the finding that the annexation is consistent with the City’s policy declaration and ability to provide services. Planning Manager Montgomery summarized the memo and reviewed an aerial photograph to identify the subject property, indicating the Planning Commission has voted unanimously to recommend approval of the annexation and the M-2 zoning designation. The Chair then called for a public hearing on 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 (M-2); and providing that this ordinance shall become effective immediately upon posting after final passage.” The Deputy City Recorder presented written notice of said hearing and affidavit of the publication in the Standard Examiner on the 4th day of September, 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 GOCHNOUR MOVED THE PUBLIC HEARING BE CLOSED. MOTION WAS SECONDED BY COUNCIL MEMBER WICKS, ALL VOTING AYE. ON A MOTION BY COUNCIL MEMBER GOCHNOUR AND SECONDED BY COUNCIL MEMBER BLAIR, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-37 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 reported on a few upcoming events, including Weber State University’s Homecoming Week and the Xterra National Championship Race. He reported he had the opportunity today to attend an award ceremony wherein Mount Ogden Junior High was recognized for improving their average grade point average. He commented he feels the school’s administration has made great accomplishments in a short period of time. Council member Comments Vice Chair White reported that via the College Town Initiative the City has distributed Weber State University kits containing purple gear for residents to display. She noted she has seen the gear throughout the City and feels the effort has been effective. She gave thanks to Communications Manager Mabey for leading this project. Council member Stephens predicted that Weber State University’s football team will win their homecoming game this week. At this time, the Council gave consideration of adjourning into a Closed Executive Session pursuant to one or more of the provisions of Section 52-4-205(1) of the Open and Public Meetings Law: a. Discussion of the character, professional competence, or physical or mental health of an individual b. Strategy session to discuss collective bargaining c. Strategy session to discuss pending or reasonably imminent litigation d. Strategy session to discuss the purchase, exchange, or lease of real property e. Strategy session to discuss the sale of real property f. Discussion regarding deployment of security personnel, devices, or systems g. Investigative proceedings regarding allegations of criminal misconduct COUNCIL MEMBER GARNER MOVED THE COUNCIL ADJOURN INTO A CLOSED EXECUTIVE SESSION PURSUANT TO THE PROVISIONS OF SECTION 52-4-205(1) OF THE OPEN AND PUBLIC MEETINGS LAW. 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 6:17 p.m. The meeting reconvened at 7:55 p.m. There being no further business to come before the Council, COUNCIL MEMBER GOCHNOUR MOVED THE MEETING ADJOURN AT 7:55 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. ________________________________________ ABBIE ZAMPEDRI DEPUTY CITY RECORDER ________________________________________ RICHARD A. HYER, CHAIR APPROVED: December 15, 2015