City Council

Minutes of Regular Meeting of Council of Ogden City, Utah, December 1, 2015 Page Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, December 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 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 Doug Stephens Also present: Mayor Michael P. Caldwell Chief Administrative Officer Mark Johnson City Attorney Gary Williams Deputy Finance Manager Camille Cook Planning Manager Greg Montgomery City Recorder Tracy Hansen Others present: Council member Elect Luis Lopez Council member Elect Ben Nadolski 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. Joint Resolution 2015-30 honoring the Weber State University Women’s Cross Country Team for an Exceptional Season A joint resolution regarding the success of the Weber State University Women’s Cross Country 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 GOCHNOUR, ALL VOTING AYE. Council member Stephens was not present when this vote was taken. Chair Hyer then presented the resolution to Head Coach Paul Pilkington, Assistant Coach Isaac Wood, and the student athletes. Coach Pilkington thanked the Council on behalf of the Team and Weber State University (WSU). He stated he appreciates Ogden City and said how great it is to recruit students to Ogden. Presentation of Weber State University Student Proposals. Peter Eck, Jamie Stokes and Brynn Mortensen – Honoring Former Governor Olene Walker and Architect Leslie Hodgson Mr. Eck thanked the Council for the opportunity to address them. He attended a recent meeting to discuss his intention to work with the Council to pass a resolution honoring former Utah Governor Olene Walker. Governor Walker was an Ogden native and WSU Alumni. During her time in the State Legislature she was one of only seven women serving as Legislators and none of them held leadership positions; however, it was not long before Governor Walker was serving as Chairwoman of the powerful Appropriations Committee as well as the Assistant Whip for the Republican Party. Ms. Walker served as Utah’s first female Lieutenant Governor and later as the first female Governor. In her later years, she established the Walker Institute of Politics and Public Service at WSU. The Walker Institute has impacted many people in the community by encouraging public service and political involvement. With Governor Walker’s recent passing it is more important than ever that Ogden honor and recognize a trailblazer. Chair Hyer noted this item has been discussed among Council leadership and it meets the criteria in place for honoring noteworthy community members. Council member Gochnour has asked that the Council proceed with the recognition and it will take place as soon as it can be added to a Council meeting agenda.  Ms. Stokes echoed Mr. Eck’s comments regarding Governor Walker and noted that she appreciates the Council’s willingness to work with them to proceed with the proper recognition. She added that she would also like the Council to consider a resolution, which she has already written, to honor Leslie Hodgson. Mr. Hodgson’s work has been so meaningful in Ogden City and it is what makes the Ogden skyline unique and recognizable. She believes it would be meaningful to invite Mr. Hodgson’s living relatives to receive the resolution. One of those relatives was interviewed last year by the Standard-Examiner regarding the redevelopment plans for the Ogden Exchange building, which Mr. Hodgson designed. She added the resolution is timely in that the Municipal Building, which Mr. Hodgson designed, reached its 75th anniversary in November. It was also brought to her attention that the Weber County Heritage Foundation recently received a grant to write a biography about Mr. Hodgson. She concluded that a major part of what makes Ogden great is that its citizens continue to celebrate its past and the City continues to renovate buildings from the past, many of which were designed by Mr. Hodgson. The voters in Ogden passed a 2006 bond to save many Ogden schools including Ogden High School, which was designed by Mr. Hodgson. Ms. Stokes stated the citizens also voted for a bond in 1990 to renovate the Municipal Building so it is clear to her that the use of Council time to honor Mr. Hodgson would be approved by voters. Many people do not know that Mr. Hodgson is responsible for many of the buildings that make Ogden familiar and it would be great if the City continued in the tradition of making citizens aware of its past. She mentioned placards along 25th Street providing historical information about buildings there. Also, in order to renovate historic buildings one must obtain a Certificate of Historic Appropriateness. These things indicate to her that the City and the voters at large care about the history and architecture of Ogden and they would appreciate the recognition of Mr. Hodgson. She stated that though Hodgson is deceased his legacy has not diminished. Vice Chair White thanked Ms. Stokes for bringing this item to the Council’s attention. She added that Council leadership has examined processes in place to consider making it less cumbersome for a citizen to recommend recognition items or to access the City Council. Council member Gochnour stated she is supportive of the Council considering a resolution honoring Mr. Hodgson as he has had a great impact on Ogden City. Proposed Ordinance 2015-58 amending Ogden Municipal Code Sections 15-2-7, 15-18-13, 15-18-4, 15-19-3, 15-19-4, 15-33-2, 15-33-5, and 15-36-3 to revise fraternity and sorority houses A memo from the Community and Economic Development Department regarding an ordinance amending various sections of the Municipal Code pertaining to fraternity and sorority houses came before the Council for consideration. The memo stated current code allows them in the R-4, R-5, Professional/Institutional (PI), and R-3EC zones and requires the use to be associated with an academic or professional college or university. This would allow fraternity and sorority houses throughout the City in any of these zones and would allow them to be associated with any university or institution of higher education even if the institution is small or out of state. There is concern that if a smaller or out of state institution were to sponsor fraternity or sorority houses, the institution would not have the resources to effectively manage them. The proposed amendment would limit the use to those recognized by WSU as this is thought to be the only institution large enough to sponsor and properly manage the houses. Planning Staff has obtained a statement from the university indicating that WSU is not currently sponsoring fraternity and sorority houses and does not plan to do so in the near future. Because of this, the proposal is to eliminate the use until such time as the university sponsors them again. The current proposal is to clarify the definition of a Fraternity or Sorority House and to limit them to those recognized only by WSU. In addition, the proposal removes the use from the R-4, R-5, PI, and R-3EC zones. The memo concluded the proposal was reviewed by the Planning Commission at the March 4, 2015 meeting. At that meeting, the Commission recommended approval of the amendment with a 6-2 vote. The Commission made the recommendation with the finding that the amendment is consistent with the intent of the zoning ordinance and policies outlined in the General Plan. The two commissioners voting against the recommendation did so because they felt the removal of the use would make it difficult for WSU to revitalize fraternity and sorority houses in the future. Planning Manager Montgomery summarized the memo and stated there are two main changes being recommended by the Planning Commission including a definition change to dictate that a fraternity or sorority must be associated with or recognized by WSU and the elimination of the use within the list of land use designations since there are currently no fraternity or sorority houses within the community. Vice Chair White asked if the proposed ordinance would entirely eliminate fraternities and sororities. Mr. Montgomery replied there may still be a campus fraternity or sorority organization and clarified the ordinance deals specifically with off-campus housing. Chair Hyer stated the ordinance seems to be specific to fraternities and sororities at WSU, but there are other institutions of higher learning in Ogden and he wondered if a distinction should be made in the event that a group associated with one of those other institutions wished to assemble a sorority or fraternity. Mr. Montgomery noted that the traditional Greek fraternities and sororities are affiliated with non-vocational campuses and WSU is the only institution that meets that classification. Chair Hyer invited a representative of WSU, Brett Porozzi, to address the Council regarding this proposed ordinance. Mr. Porozzi noted WSU worked closely with Mr. Montgomery on this ordinance and is supportive of it for a number of reasons. They believe fraternity and sorority life is a very viable way to engage a diversity of students on a college campus. Fraternity and sorority life on WSU’s campus is not as active as it once was, yet over the past five years the population of Greek students has doubled. Current fraternity and sorority affiliated students are quite active and have areas on campus where they congregate. They have also spoken about dwelling together and WSU’s first preference would be to house the students on campus in a wing or pod of one of the residence halls. WSU would also look for a critical mass within a fraternity or sorority before they begin living together for both their viability and in order for them to continue to be contributing members for the University. In working on this proposal, he learned of the City’s land use designations and specifically their proximity to the University and it does not make sense for housing of fraternity or sorority dwellings. If WSU were to be supportive of off-campus fraternity or sorority dwellings, they would prefer that they be within walking distance or within a concentric circle near WSU. He stated it can be a challenge to integrate students in a fraternity or sorority into a residential community and this ordinance encourages WSU to work with students to find an on-campus solution first. He stated he is supportive of this action and appreciates being invited to participate in a discussion regarding this matter. Chair Hyer introduced in writing proposed Ordinance 2015-58, entitled: “An ordinance of Ogden City, Utah, amending the Ogden Municipal Code by amending Sections 15-2-7, 15-18- 3, 15-18-4, 15-19-3, 15-19-4, 15-33-2, 15-33-5, and 15-36-3 to revise, redefine, and regulate fraternity and sorority houses in the City; 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 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 GARNER, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-58 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, WICKS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO - NONE. Council member Stephens 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 2015-57 amending Ogden Municipal Code Section 4- 1B-2 to change the way projects are ranked in the Capital Improvement Budget Process A memo from Management Services regarding a proposed ordinance amending the Capital Improvement budget process came before the Council for consideration. The memo stated City Administration is requesting a change to Ogden Municipal Code 4-1B-2, which directs how the Capital Improvement Plan (CIP) document is prepared. The proposed change modifies the way the Administration ranks the proposed projects. Deputy Finance Manager Cook summarized the memo and stated the proposed ordinance modifies Ogden Municipal Code section 4-1B-2.B. to reflect that the submission of the CIP will include a list of projects in numerical priority ranked among proposed projects funded through the general fund, enterprise funds, and Weber County recreation, arts, museums and parks (RAMP) funds. It is anticipated that ranking projects in numerical priority by fund, rather than within City departments, will provide better guidance for the Council in budgeting CIP projects. The FY2017-2021 CIP reflects city-wide priorities by fund. Council member Gochnour stated she believes this change is a great improvement that will be enjoyed by the entire Council. Chair Hyer introduced in writing proposed Ordinance 2015-57, entitled: “An ordinance of Ogden City, Utah, amending the Ogden Municipal Code by amending Section 4-1B-2 to revise the Capital Improvement Budget Process; 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. The proposed ordinance was then read by long title. ON A MOTION BY COUNCIL MEMBER GOCHNOUR AND SECONDED BY COUNCIL MEMBER BLAIR, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-57 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, WICKS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO - NONE. Council member Stephens 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. Mayor Comments Mayor Caldwell thanked Public Services Director Lowder and his entire staff and many volunteers for assembling the Christmas Village displays. Visitors can access Christmas Village for the entire month and the parade and events produced to lead into the lighting of Christmas Village this year were the best they have been despite the very cold conditions. He stated he hopes everyone has an opportunity to enjoy Christmas Village with their families sometime during the month. Council member Comments  Vice Chair White stated it is always a good practice to review and consider amendments to internal policies and she thanked the students from Weber State University as well as Administrative staff for discussing two items during tonight’s meeting that have accomplished that. Chair Hyer echoed Mayor Caldwell’s comments regarding Christmas Village and the Christmas parade. He stated the parade was very well done and there was a great number of people there even though the temperatures were so low. 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 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 WICKS 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 COUNCIL MEMBER GARNER, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, WICKS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO - NONE. Council member Stephens was not present when this vote was taken. The meeting adjourned into Closed Executive Session at 6:29 p.m. The meeting reconvened at 6:46 p.m. There being no further business to come before the Council, COUNCIL MEMBER GOCHNOUR MOVED THE MEETING ADJOURN AT 6:46 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. ________________________________________ TRACY HANSEN, MMC CITY RECORDER ________________________________________ RICHARD A. HYER, CHAIR APPROVED: April 5, 2016