City Council

Minutes of Regular Meeting of Council of Ogden City, Utah, October 20, 2015 Page Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, October 20, 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 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 Excused: Council member Caitlin K. Gochnour Also present: Mayor Michael P. Caldwell Chief Administrative Officer Mark Johnson City Attorney Gary Williams Public Services Director Jay Lowder Planning Manager Greg Montgomery Deputy City Recorder Julia LaSeure 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. Proposed Ordinance 2015-46 amending Section 15-6-3 of the Ogden Municipal Code to allow nonconforming single family homes as a reuse option for historic buildings A memo from the Community and Economic Development Department regarding a proposed ordinance that would allow single-family homes in historic buildings came before the Council for consideration. The memo stated the Planning Commission considered a proposed ordinance to allow historic homes in zones that do not allow homes to be reused as single-family homes. There have been instances when historic homes located in commercial zones have become used for commercial purposes; however, if someone desired to reuse the historic home as a single-family home, the ordinance would not allow this because the underlying zoning would not permit it. There are provisions in the ordinance that allows historic buildings to be reused (as a last resort) as other uses, but not as single-family homes. The proposed ordinance would allow the option for historic homes to be reused as single-family homes, if the buildings were originally constructed as a single-family home. The reuse of these buildings would be reviewed by the Planning Commission following the already established "Special Permit" provisions established for other reuse options. The Planning Commission reviewed this item on May 6, 2015 and recommended approval of the proposed ordinance to amend the Zoning Ordinance to allow nonconforming single-family homes as a reuse option for historic buildings as recommended, finding that the amendment is consistent with the intent of the zoning ordinance and policies outlined in the General Plan. Planning Manager Montgomery summarized the memo and stated the current ordinance allows for several different uses to take place in historic buildings if they are located in a residential district. These include art centers and museums, bed and breakfast inns, multi-family dwellings if they comply with the underlying zoning, and professional and businesses offices. The proposed amendment would allow these uses and a proposed single-family home option in any zone as a special use for a historic building. The proposal specifically adds the single-family home option but limits it to those buildings where a single-family home was the original use. This is important for historic buildings that are located within commercial or other types of non-resident zones as single-family homes are not typically an allowed use in those zones. Vice Chair White asked how many properties could potentially be impacted by this ordinance. Mr. Montgomery replied there are presently two historic homes on the historic register, but there is potential for additional properties to be added to the register. Council member Stephens asked if an owner could divide the historic homes into multiple apartment units. Mr. Montgomery explained that would be permitted according to the current ordinance.  Chair Hyer introduced in writing proposed Ordinance 2015-46, entitled: “An ordinance of Ogden City, Utah, amending the Ogden Municipal Code by amending Subsection 15-6-3.1 to allow nonconforming single family homes as a reuse option for historic buildings; 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 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 WICKS AND SECONDED BY COUNCIL MEMBER STEPHENS, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-46 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, STEPHENS, WICKS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO – NONE. Council member Gochnour was not present when this vote was taken. 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 2015-47 amending Sections 15-34-2 and 15-38-5 of the Ogden Municipal Code to allow post high school institutions and housing in commercial and CBD Zones A memo from the Community and Economic Development Department regarding a proposed ordinance dealing with post high school educational institutions in commercial zones came before the Council for consideration. The memo stated the proposed ordinance is a result of the recent petition to allow post-high school educational institutions in the PI Zones. As the petition was reviewed it was discovered that post-high school institutions had been approved in the city previously and that there are currently nine (9) such institutions located in commercial and CBD zones throughout the city. These uses were approved under the previous definition of "educational institutions" without realizing that the current definition actually excluded these post-high school institutions. Other institutions have functioned in the city previously and were located in the downtown area like University of Phoenix and Stevens-Henager College. These institutions have functioned well for long periods of time in these locations and have not impacted the surrounding commercial uses, which has led to this proposed amendment to allow these uses in the commercial and CBD zones. Another portion of the ordinance amendment is to consider allowing housing with institutions in the commercial and CBD zones. A recent petition modified the definition of educational institutions with housing to include post-high school institutions and also required that the housing be located on the same property as the institution so activities and behaviors could be monitored and managed. Housing associated with institutions is really a form of multi-family, or high density housing, and would coincide with the permitted multi-family uses in the C-2/CP-2, C-3/CP-3, CBD, and CBDI Zones. The Planning Commission reviewed this item on August 5, 2015 and recommended approval of the proposed amendment of Zoning Ordinances 15-34 and 15-38 to allow post high school institutions and housing as permitted uses in the C-2/CP-2, C-3/CP-3, CBD, and CBDI zones, finding that the amendment is consistent with the intent of the zoning ordinance and policies outlined in the General Plan. Planning Manager Montgomery summarized the memo and stated the proposed ordinance will essentially correct an oversight in the City Code and make legal a use that the City has been permitting for years. Chair Hyer introduced in writing proposed Ordinance 2015-47, entitled: “An ordinance of Ogden City, Utah, amending the Ogden Municipal Code by amending subsections 15-34-2.C and 15-38-5.E to allow post high school institutions and housing in the commercial and CBD 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 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. Virginia Hernandez-Reza, no address given, asked if this is referring to colleges such as beauty colleges. She stated that this item has been considered by Planning and she asked “where are the people; where are the constituents?” She asked if the people are aware of these decisions. Mr. Montgomery reiterated this issue arose as a result of a petition filed by an individual who wanted to operate a post high school educational institution in the City. This caused staff to review ordinances relating to such a use and they found the existing ordinances only permitted educational institutions for grades kindergarten through 12. This means that other institutions, such as Stevens Henager College and the University of Phoenix had been permitted to operate in the City contrary to the definitions in the City Code. The proposed ordinance will clean-up the section of the Code dealing with this issue and define post high school institutions as a permitted use in the City. He reviewed the noticing procedure for any item being considered by the Planning Commission. Council member Stephens asked if any resident addressed the Planning Commission regarding this issue, to which Mr. Montgomery answered no. He stated it is his feeling that this is something the residents already assumed was a permitted use. Council member Stephens added that all agendas of the City Council are made available to the public and no resident has voiced concerns regarding this proposed ordinance. Council member Wicks agreed and added that the City Code is also a public document available for public inspection. ON A MOTION BY COUNCIL MEMBER GARNER AND SECONDED BY COUNCIL MEMBER BLAIR, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-47 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, STEPHENS, WICKS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO – NONE. Council member Gochnour was not present when this vote was taken. 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. Public Comments Marilyn O’Dell, no address given, indicated she is the President of the Cherry Wood Condominiums located at 1128 Canyon Road. She stated that she is present to ask the City Council for help with the water bills for the residents of the condominium association. The development was completed in 1980 and at the time was designed to be three times larger than it presently is. At the beginning of construction an eight-inch meter was installed to serve the larger development; however, the developer went bankrupt and the bank took the property and sold the undeveloped ground. She noted the result is that a smaller than anticipated development exists, but it is still served by an eight-inch meter. She stated that over the years the water bills for the association have grown from less than $3,000 per year to over $37,000. She stated an engineering firm reviewed the project and determined the development only needs a three-inch meter. The cost to change the meter would be $12,000. There is a fire hydrant connected to the culinary water line; however, a three-inch meter would not be adequate to serve it. If the fire hydrant were to be connected to the City’s line, it would be at a cost of $18,000. The total potential financial implication to correct the problem is $30,000, which would result in a decrease in water costs. She asked for a reduction in the base user rate for the project equal to what would be charged for a three-inch meter. She stated she has heard that others have received similar waivers in the past, but she was recently told by the Water Utility Manager that a waiver is not an option. She explained that she needs to move forward with the project to address the problem, and asked if there is any possibility for a waiver from the City Council. Chair Hyer referred Ms. O’Dell to the Mayor and City Administration. Mayor Caldwell noted that Public Services Director Lowder would be the appropriate City representative with which to discuss a waiver. The Council had a brief discussion with Ms. O’Dell to gain clarification of her request. Sebastian Benitez, 3310 Taylor Avenue, stated it his understanding that the City’s budget is a public document and all residents have access to it. He requested that the salary of all public employees also be made public. Last night he participated in a panel discussion regarding transparency and clear administration and that is why he would like to see the salaries of City employees. He reported that four days ago he received information from the City including salary data and he would like the City to publicly post the information. He stated he has found out many things that he did not formerly understand and he would like for the City to be transparent. Council member Wicks noted the information Mr. Benitez is requesting is available through several avenues. She referenced the Utah’s Right to Know website, which contains salary data for all public employees. Chief Administrative Officer Johnson added that salary information is also made public during discussions of each year’s annual budget. Mayor Comments Mayor Caldwell invited everyone to participate in upcoming events, such as the Witchstock and Zombie Crawl Halloween events. He then congratulated Weber State University on winning four of their last five football games. Council member Stephens predicted the team would win this week as well. Council member Comments Vice Chair White encouraged everyone to participate in the City’s election by completing and returning their vote-by- mail ballot. The turnout so far is encouraging and she hopes that more residents will participate. Chair Hyer agreed and added that he would also encourage those that are not already registered to vote to become registered. There being no further business to come before the Council, COUNCIL MEMBER GARNER MOVED THE MEETING ADJOURN AT 6:25 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER WICKS, ALL VOTING AYE. /s/ Julia M. LaSeure JULIA M. LASEURE, MMC DEPUTY CITY RECORDER /s/ Richard A. Hyer RICHARD A. HYER, CHAIR APPROVED: December 15, 2015