City Council

Minutes of Work Session of Council of Ogden City, Utah, September 20, 2016 Page Minutes of the Work Session of the Ogden City Council held on Tuesday, September 20, 2016 at 3:32 p.m., in the Council Work Room located on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Chair Marcia L. White Vice Chair Bart E. Blair (arrived at 3:35 p.m.) Council members Neil K. Garner Richard A. Hyer Luis Lopez Ben Nadolski Council Deputy Director Janene Eller-Smith Council Policy Analyst Glenn Symes Council Policy Analyst Amy Sue Mabey Communications Manager Brittany Griffin Excused: Council member Doug Stephens Also present: Mayor Michael P. Caldwell Chief Administrative Officer Mark Johnson Community and Economic Development Director Tom Christopulos Community and Economic Development Deputy Director Brandon Cooper Public Services Director Jay Lowder Assistant City Attorney Mark Stratford Planning Manager Greg Montgomery Building Services Manager Jared Johnson Deputy City Recorder Julia LaSeure The purpose of the Work Session was to have a Council-Mayor discussion, receive a planning update, and discuss a proposed rezone at 17th Street and Wall Avenue, non-consensual towing amendments, and Council business. Council-Mayor Discussion Mayor Caldwell stated there are many projects on the horizon, beginning with the demolition of high profile and significant properties in the City including the old Fred Meyer building, old Dee School, 566 24th Street, and the strip mall just east of St. Joseph’s Catholic Church. This will make way for great, new development in the spring of 2017. There has been a significant amount of interest in property at Business Depot Ogden (BDO). In the past four weeks, deals have been closed on nearly one million new square feet of development, which puts the total development at the installation near 12 million square feet. He reported BDO is, by far, the largest industrial park in the State. Chair White asked what is attracting businesses to BDO. Mayor Caldwell replied it is a combination of many great things. Some businesses are attracted to the close proximity to rail service and freeway access. Most important is the competitive pricing of facilities and infrastructure at the installation. All these things combined make it very difficult for other business parks to compete. He added that because of the partnership between Ogden City and The Boyer Company, the permitting and building process has been streamlined, which has made it possible to complete construction projects in very short time frames. For example, the Home Depot building went from dirt to occupancy in six months; that is not possible in other communities. Council member Lopez asked if any of the new growth in the City is technology related. Mayor Caldwell responded some of it is, but the makeup of businesses at BDO ‘runs the gamut’ and there is a great mix of many different types of businesses. The City chases technology companies because they usually offer high paying jobs. Additionally, the number of defense and aerospace related businesses in the community continues to increase. These businesses employ unique engineering and aerospace defense jobs and the Ogden Airport has been very attractive to them. Council member Hyer asked if the City is able to supply a quality workforce to the businesses that are locating here. Mayor Caldwell answered that the City has struggled to offer ‘top tier’ talent for certain types of companies, specifically fast growing technology companies. He noted City Administration is in constant communication with Ogden-Weber Applied Technology College (OWATC) and Weber State University (WSU) about the unique needs of businesses that are locating in the City. Council member Garner asked for updates on economic development projects at the following locations: 17th Street and Wall Avenue, 24th Street and Monroe Boulevard, 26th Street and Monroe Boulevard, and the Trackline Project. Mayor Caldwell replied the flagship project at Trackline is nearing completion and a ribbon cutting event will be held the first or second week of October. He reported the entire project area has changed dramatically and encouraged the Council members to visit the area and see for themselves. He indicated the property at 26th Street and Monroe Boulevard is currently in the environmental study phase. Council member Lopez added that ground at the project site will not be broken until about a year from now. Mayor Caldwell stated there are several development options for 24th Street and Monroe Boulevard, but nothing has been solidified and nothing can be made public at this point. He added the Own in Ogden Program has facilitated the improvement of a historic home in that neighborhood, which will help to improve the entire area. He explained that negotiations are still underway regarding the development of the property at 17th Street and Wall Avenue, but those negotiations cannot be made public at this time. Council member Garner asked for updates regarding development at 32nd Street and Harrison Boulevard and the Union Station. Mayor Caldwell answered property at 32nd Street and Harrison Boulevard is still owned by a private company and he believes they are waiting to see what will happen with the potential construction of the bus rapid transit (BRT) line in that area. He stated, regarding the Union Station, the City is still working with Union Pacific Railroad to negotiate the renewed lease of the facility. The lease is necessary to facilitate much needed improvements at the building. The City cannot invest money in the facility without confidence that it will stay in the public’s hands for many decades to come. Council member Nadolski asked for an update on the BRT project. Mayor Caldwell responded City Administration made a trip to Denver to meet with the Federal Transportation Authority (FTA) about a grant request for the BRT project. He stated he feels the visit went very well and was received positively by the entity. Chair White mentioned the recent adoption of the Diversity Charter and encouraged the Mayor and Administration as a whole to strive to increase diversity within City employment. Mayor Caldwell stated that has been and continues to be a high priority for the City. Planning Update Planning Manager Montgomery provided the Council with the quarterly planning update for the second quarter of 2016. Each quarter the Planning Division provides the Council an update of various projects to make them aware of projects that may be coming forward and keep them informed of what is taking place in the community. Lester Park Design Charrette Mr. Montgomery reminded the Council that a design competition was held over the summer for the Lester Park Design Charrette. Twelve applications were submitted and a design jury selected the top three submittals as the designs that best fit the criteria that came from the public outreach gathering during the spring. The four areas of judging included: 1. Creates a vibrant space that addresses community needs. 2. Creates a place that is sensitive to local history and culture and creates community pride. 3. Connects to the facilities on site and the neighborhood. 4. Fits into the context of the space. Mr. Montgomery reviewed renderings of the three designs that are at the library for the public to vote on. The person who submitted the design that receives the most votes will be awarded $10,000 in prize money. Voting goes through the end of September 2016. Harrison Boulevard Pole Signs and LED Signs Mr. Montgomery stated the Harrison Boulevard sign ordinance revisions to be considered by the Planning Commission were discussed in the March 2016 quarterly report. The Planning Commission has now made a recommendation which will be forwarded to the Council once it is in ordinance form. There was general discussion regarding the overall character of the Harrison Boulevard corridor, with a focus on the public input Planning staff has received regarding some of the ideas discussed by the Planning Commission. Downtown Parking Master Plan Planning Staff has been working on collecting a block by block analysis of parking in the downtown area and projecting the likely future needs as well as potential constraints that exist on each block. The next step in development of the Downtown Parking Master Plan is to use the projections to establish suggested strategies, general parking policies and ordinance changes. The Council has allocated funding for a consultant to help once the information is gathered to develop the strategies that should be used and implementation so the plan can address parking needs downtown. It is planned that the data gathering will be complete by October of this year. In addition, Business Development staff is providing additional information on how revenues might be generated and how the Plan will be implemented and paid for. General Plan Updates Mr. Montgomery reported the General Plan has been in place for 14 years. While updates have been made to the open space element of the Plan, other sections need to be updated. Planning Staff will be working on two sections of the Plan during the next year and a half to update two elements; Chapter 7 which deals with housing and Chapter 8 which is the land use section. The process will be much the same as when the Plan was adopted. Data concerning the changes which have taken place over the last 14 years will be gathered first. A steering committee will be established to discuss those issues and public input will be gathered followed by review and adoption of the two chapters. Correction of Conflicting Ordinances Mr. Montgomery indicated, in working with the various divisions in the City, there are some department regulations they work under that conflict with existing ordinances. There are also situations in which existing ordinances conflict with each other. Staff has identified twelve conflicts so far and this year the Planning staff will be working with the other departments to develop a common ground and resolve these conflicts by revising the ordinances necessary to solve the problem. The conflicts have occurred over time as ordinances were developed to address specific situations but changes did not always consider other departments’ regulations and the impacts the regulations would have.  Conditional Use Amendments Mr. Montgomery indicated the revision of the list of conditional uses, due to changes to State law regarding what a conditional use can do, has been mentioned to the Council in the past. He stated other projects came up that pushed this to the back of the priority list but it is now being moved up to get this revision completed by May of 2017. Amendments to ADU for East Central and Mt. Ogden Community Plans Mr. Montgomery explained that revisions to the Accessory Dwelling Unit (ADU) regulations left portions of the East Central and Mt. Ogden Community Plans limited to where ADUs can occur because of the Community Plans. Planning staff is beginning to work through the process of determining community support to amend the two plans to address ADUs for the entire community. Scheduled completion of this project is April of 2017. Block and Parking Designs Mr. Montgomery stated two areas of block design will be developed to deal with future development concepts of the 2400 block of Kiesel Avenue and the 2500 block of Grant Avenue. Both blocks will be targeted for parking structures to serve the needs of those areas as well as building developments that will complement the downtown. The City and county currently own the Kiesel property. The property on Grant Avenue is coming available and the city is looking at the best uses that could take place on that block to complement 25th Street and expand opportunities downtown. Airport Master Plan Mr. Montgomery indicated a consultant had been hired to develop an airport master plan. Planning staff will be working with that document to create a section in the General Plan which will address the airport based on the plan. Staff is also working with the airport to revise regulations in present ordinances to include more up to date standards and ensure consistency with the developing airport master plan. American Institute of Certified Planners (AICP) Exams Mr. Montgomery explained that two of the City’s planners, Joe Simpson and Eric Daems, have been accepted to take a national test in November of this year for their AICP certification. If they pass the test all of the Ogden Planners will have this certification. Planning Activities Mr. Montgomery mentioned that while this memo highlights key projects, the day to day activities are where many things take place in the City. The Planning Division now has a years’ worth of data detailing the various day to day activities that staff is involved with. This information is helpful in determining the scope of additional projects since one of the key goals is to provide efficient service to the citizenry that comes to the office to improve their properties. Council member Nadolski stated he has been receiving a lot of feedback from residents in his area about the property at 3850 Harrison Boulevard and he asked for an update on the property. Mr. Montgomery replied the original petitioner for the property has withdrawn but another person has taken their place with plans to completely revise the design of the project. They plan to proceed with student housing with a smaller parcel size. The acquisition cost for the number of properties included in the original proposal was too high so that number has been reduced to something more manageable. Once a revised design has been submitted a neighborhood meeting can be scheduled. Council member Nadolski indicated he would like to have additional discussions regarding the noticing procedures the City follows as they relate to development applications. Policy Analyst Symes stated it will be necessary to find time during a future meeting to discuss that issue. 17th Street and Wall Avenue Rezone Mr. Symes explained a petitioner, Richard Coleman, has submitted a request to rezone his property at 127 17th Street from the existing M-1 Zone to the C-3 Zone. As part of its recommendation, the Planning Commission added the property on the corner of 17th Street and Wall Avenue to the petitioner’s request for rezone. The proposal would rezone the two large parcels on the southeast corner of that intersection from M-1 to C-3. The recommendation was made with an 8-0 vote. Mr. Montgomery stated Mr. Symes’ introduction was very thorough. He added that staff expanded the proposed zoning to include the Harbertson Family LLC property, which includes three buildings at the corner of 17th Street and Wall Avenue. The C-3 zoning would coincide with the C-3 zoning that recently took place across the street to the west as part of the Gibson Community Plan implementation. There are three businesses currently on this parcel. All of the businesses are permitted in the C- 3 Zone and there will be no issue with compatibility. Council member Nadolski asked how the Harbertson family has responded to the proposal to rezone their property. Mr. Montgomery replied that the City reached out to the Harbertson family to provide comments and they did not respond. He clarified there is no impact to the property as all current uses of the property are compatible with the C-3 Zone. Council member Nadolski asked how the Harbertson family was contacted. Mr. Montgomery responded they were contacted via mail. Council member Nadolski commented he does not feel it would have been unreasonable to take additional steps to ensure contact was made with the Harbertson family. Mr. Montgomery stated that it is necessary to consider the noticing policy as a whole to determine the manner in which the City should notify affected parties for these types of actions. Council member Nadolski recognized the importance of having a policy in place and meeting minimum requirements, but said he feels there is also a practical solution to the communication issue. In an instance where there is just one affected entity he feels a phone call or personal visit would not be unreasonable. Mr. Montgomery responded it is necessary to discuss and consider amendments to the Planning Commission’s policy relative to notification. He pointed out that the City’s current noticing procedures are more thorough than those required by State law or that other communities follow. He indicated the Planning Commission should be involved in any discussion regarding potential amendments to their noticing policy.  Chair White asked about the zoning of the Utah Transit Authority (UTA) property across the street from the subject property. Mr. Montgomery answered the UTA property also carries the C-3 zoning designation. He added that the C-3 zoning on the west side of Wall Avenue extends from 12th Street to the Ogden River. Chair White stated there appears to be one other property in the area that is not being included in the rezone recommendation. Mr. Montgomery reported there are actually two properties that were not included in the recommendation. Rezoning the properties would create a non-conforming use as the current use of those properties is not permitted in the C-3 Zone. Non-consensual Towing Amendments Council Deputy Director Eller-Smith explained that in June of 2016 the Council adopted Ordinance 2016-35 which established new towing requirements, regulations and fees. The proposed regulations provided additional requirements for:  Uniform signage and sign locations  Documentation of parking violations  Waiting period before towing can occur  Notice to vehicle owners when a vehicle has been towed  Ease of retrieval after a vehicle has been towed The proposed regulations also made it unlawful for property owners and towing operators to share proceeds of tows or otherwise be incentivized to authorize or conduct towing operations. Since the adoption of the ordinance, property owners and towing companies have contacted the City with suggestions on how to improve the ordinance without modifying the overall intent. The purpose of this item is to allow City Administration to summarize requested amendments to address the concerns that have been raised. Building Services Manager Johnson explained that implementation of the ordinance has been fairly easy, but after hearing from property owners and towing companies, the Administration feels a few amendments are appropriate. He summarized the recommended amendments as follows: 5-8D-2: Definitions Controlled Lot:  Adds “with or without an on-site payment system”  Provides that residential properties with more than four dwellings may use the numbering system on the structure (canopy) over the parking space to meet ordinance requirements  Increases the maximum width of the opening of a barrier from 40 feet to 42 feet 5-8D-4: Non-Consensual Removal of Vehicle from Private Property  Adds the front driver’s side window as an option for posting written notice of intent to tow 5-8D-6: Impound Yards  Allows impound yards to be within one mile of Ogden City limits 5-8D-7: Signs  Changes font size from two inches to one inch except for “unauthorized vehicles may be towed” which must be two inches  Adds the front driver’s side window as an option for posting written notice of intent to tow There was brief discussion among Council and staff as they revisited the original purpose for adoption of the ordinance and certain regulations that were included in the ordinance. There was a focus on enforcement of the ordinance and any penalties that can be imposed on towing companies that violate the ordinance. Assistant City Attorney Stratford noted that if problems arise as a result of the proposed ordinance amendments, the City Council has the ability to tighten restrictions again in the future to address those issues. Council Business 2016 Council RAMP Project Proposals: Council Policy Analyst Mabey provided each Council member with a document including the RAMP project proposals she has received from the Council thus far. The intent is to finalize the list of projects to submit to City Administration by the end of the month, after which they will provide a final project recommendation list that will be approved via joint resolution of the Mayor and Council before it is submitted to the RAMP Board for funding requests. Council member Hyer stated he would like to add a project to improve or replace the bowery at Mt. Lewis Park. Council member Garner indicated he would like to add projects to improve the lighting of tennis and pickleball courts at Monroe Park. Ms. Mabey invited the Council to provide additional recommendations until Thursday morning when she will submit the list to the Administration. The Council briefly discussed the types of projects that are eligible for RAMP grant funding. Intergovernmental Reports: Council member Garner reported the Weber-Morgan Health Department will be taking a vote on emission controls in Weber County during their meeting scheduled for September 26, 2016 at 4:00 p.m. Council Calendar: Ms. Eller-Smith briefly reviewed the Council’s calendar for the coming weeks, with a focus on items included on Council agendas for the remainder of the month of September. She and other members of Council staff then provided a review of the items included on the agenda for the Council meeting scheduled to begin at 6:00 p.m. There was a focus on the agenda item dealing with action on the Brand Initiative. The meeting adjourned at 5:16 p.m.  /s/ Julia M. LaSeure JULIA M. LASEURE, MMC DEPUTY CITY RECORDER /s/ Marcia L. White MARCIA L. WHITE, CHAIR APPROVED: December 6, 2016  Minutes of Regular Meeting of Council of Ogden City, Utah, September 20, 2016 Page Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, September 20, 2016 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 Marcia L. White Vice Chair Bart E. Blair Council members Neil K. Garner Richard A. Hyer Luis Lopez Ben Nadolski Council Executive Director Bill Cook (participated via electronic means) Council Deputy Director Janene Eller-Smith Council Policy Analyst Glenn Symes Council Policy Analyst Amy Sue Mabey Communications Manager Brittany Griffin Excused: Council member Doug Stephens Also present: Mayor Michael P. Caldwell Chief Administrative Officer Mark Johnson City Attorney Gary Williams Assistant City Attorney Mark Stratford Community and Economic Development Director Tom Christopulos Community and Economic Development Deputy Director Brandon Cooper Planning Manager Greg Montgomery City Treasurer Brandee Johnson Arts, Culture and Events Manager Christy McBride Deputy City Recorder Julia M. LaSeure At the request of the Chair, all present stood and recited the Pledge of Allegiance led by Vice Chair Blair. A moment of silence was observed. Proposed Joint Resolution 2016-12 establishing the Ogden brand strategy, style guide, and strategic development and marketing approach; and Proposed Ordinance 2016-52 amending Chapter 5 of Title 1 of the Ogden Municipal Code to revise the design and use of the official city logo and allow for the use of a representation of the City Seal A memo from Council staff came before the Council to consider a joint resolution establishing the Ogden brand strategy, style guide, and strategic development and marketing approach. The memo stated Ogden is a much different place today than it was fifteen years ago. A genuine renaissance has occurred due to zoning and land use changes, business recruitment, and increased investment. What began as a graffiti cleanup crew turned into the Downtown Business Alliance. Once the downtown area became more approachable, community events were created to draw the public in. Residents and visitors began to feel the resurgence happening within Ogden. Today, Ogden is nationally recognized as the most egalitarian city in the United States, for having one of the best streets in America (Historic 25th), as a great place to raise a family and for business and career. While Ogden has experienced incredible change in recent years, old perceptions have been slow to die outside the Ogden area, and the City’s messaging has been inconsistent. The use of numerous disparate marks, logos, color schemes, and messages city-wide are confusing to residents, visitors, and businesses. The Mayor and City Council recognized that Ogden needed help telling its incredible story and creating a unified, cohesive brand strategy and marketing approach. The City contracted with Roger Brooks International (RBI), a renowned leader in community branding, to facilitate a community-involved process to identify Ogden’s brand. RBI’s extensive process included an assessment, research, and analysis, including an online survey that received an overwhelming response from 1,712 people, group interviews with nearly 100 individuals from various sectors of our community, and the engagement and input of a Brand Development Team, consisting of numerous community stakeholders and area residents. RBI made a public presentation on April 1, 2016 with the initial findings and recommendations and spent the months following finalizing the Brand Style Guide and branding, development, and marketing recommendations under the direction of City leadership. RBI developed a brand strategy, style guide, and strategic development and marketing approach that are proposed to be adopted through proposed Joint Resolution 2016-12. The memo noted that Ogden’s brand, which was identified through RBI’s extensive process, is characterized by the legacy of an untamed past and the application of that spirit to a “can do” attitude of personal growth, preferring dirt over pavement, wilderness over refinement, and not focusing on impressing others. It is moving from the rough and tumble decades of the early twentieth century to pushing the envelope of personal achievement. Ogden’s brand is in its people, people who are fiercely independent and unafraid to shake things up, do not take no for an answer once they have set their minds to something, innovators, diverse, and unconditionally welcoming. The following brand components are proposed to be adopted:  Ogden’s Brand Promise  Ogden Signature  Tagline  Brand Character/Brand Voice  Ogden Brand Style Guide  Brand Credibility, Reasons to Believe  Key Marketing Messages  Branding, Development, and Marketing Recommendations o There are 24 recommendations proposed to be implemented over the next four years dependent on many factors, including the time, effort, available funding, and cooperation of those involved. Branding is a means to an end. The entirety of this effort will shape the future of Ogden for generations. An additional memo from Council staff came before the Council to consider an ordinance amending the Ogden Municipal Code to revise the design and use of the official City logo and allow for the use of a representation of the City Seal. RBI facilitated a community-involved process to identify Ogden’s brand. One component of the brand is a new logo. The logo includes the stylized word “Ogden.” This font is meant to reflect a signature, a personal stamp that identifies the unique spirit and energy of those who call Ogden home. The City’s signature is the primary graphic and “Utah” is added to indicate to consumers everywhere, its location. The tagline “Still Untamed” is a hand drawn font style that promotes the independence and innovation of the brand. The tagline is not a permanent component of the logo and its use is subjective based on general context and intended audience. The tagline may also be replaced by the name of a particular city department, division, or facility that the logo is being used to identify. The Ogden signature is clean, easy to read, simple and is not made from an off-the-shelf font. Ogden’s signature is not meant to carry the entire brand or focus and should always be at the bottom of the page, while photography, videography, and key marketing messages are front and center and carry the brand forward. Ogden’s signature can be used with or without the tagline, having the tagline incorporated when appropriate for messaging and audiences. The memo concluded proposed Ordinance 2016-52 amends Chapter 5 of Title 1 of the Ogden Municipal Code to revise the design and use of the official city logo and allow for the City Council and Mayor to use a representation of the City Seal for official business, including agendas and other documents where the official logo may not be appropriate. Mayor Caldwell summarized the memos and provided a brief history of the many logos used by Ogden City and in the community at large, noting that at one point there were 34 different logos being used in the community. The City Administration and Council felt it important to develop one logo that can communicate the brand of the City through a shared voice and focus. He and Chair White made a PowerPoint presentation to provide information about the process the City and RBI followed to develop the brand proposal and new City logos. The City’s renaissance has gone from small beginnings to downtown revitalization, increased economic development, and many more community events. There has been an intense community building effort and the City has received several national recognitions. Even though the City has received great accolades, there have also been some challenges, including old perceptions. The City was in need of a unified cohesive brand strategy and marketing approach to tell the City’s incredible story. The process included community assessment, surveying, group interviews, and assembly of a brand development team. The brand promise is as follows: “As Utah’s Renaissance City, fiercely independent and unabashed Ogden always offers an unconditional welcome in an adventurous mountain-metro setting.” This promise gets to the essence of what and who Ogden is. The City’s character heavily influenced the promise. The brand character has been identified as outgoing, active, youthful, independent, non-judgmental, living outside predefined boundaries, willing to take risks, and doing what others say cannot be done. Ogden is a place for people to experience a personal renaissance. The brand is not just a logo or tagline; it is the stories of people like Damian Lillard or Sammy Brue who both came to Ogden unknown and later rose to national prominence. These people have undergone their own personal renaissance in Ogden and combining that experience with the beauty, vibrancy of the downtown, and quick access to outdoor recreation equals a place like no other. Recommendations from RBI include internalizing the brand through economic development, community building, and an overall shift in public perception. This could include development of a public plaza and marketplace, increased wayfinding signs and beautification, and Ogden-focused marketing through partnerships. Mayor Caldwell concluded the presentation by playing a short video that served as a recap of the meeting during which RBI provided their recommendations to those in attendance. He thanked all the community members that participated in the brand process and commented it has been a very comprehensive and involved process and he is looking forward to the unique outcome. He expressed appreciation to the Council for their consideration of the recommendation. Chair White also thanked everyone that has been involved. Council member Hyer stated it is very exciting to consolidate all of the cool things about Ogden into a new brand and he is very excited about moving forward with the process. Council member Nadolski indicated he has watched the RBI video a number of times and it resonates with him every time he watches it because it captures the essence of Ogden and he is very excited about moving forward as well. Council member Lopez stated that in the video he heard Mr. Brooks used the phrase ‘unconditionally welcoming’ as being a trait of Ogden City. He commented that in today’s publication of the Standard-Examiner there was an opinion piece from the Dean of the Ogden Weber Applied Technology College (OWATC) about the welcoming environment Ogden provided for refugees that recently settled in Ogden. He said he feels very proud to live in this City and see the brand exemplify the values of the community. Council member Garner commented it is inspirational to watch Mr. Brooks and see his enthusiasm. He added it was also impressive that 1,700 people participated in the survey for the brand project. He stated he is very supportive of the creation of one logo to provide something that everyone can recognize; however, he is still a little uncomfortable with the slogan ‘still untamed’ and feels the City must be cautious in how that slogan is used. Some community members may perceive that negatively and he wants to be cautious in its use. Chair White explained the style guide and brand strategy will give the City various implementation and logo/slogan use options and she wants to be sure that it is considered the defining guide or template for this process. Chair White introduced in writing proposed Joint Resolution 2016-12, entitled: “A joint resolution of the Ogden City Council and Mayor establishing the Ogden Brand Strategy, Style Guide, and Strategic Development and Marketing Approach.” COUNCIL MEMBER NADOLSKI MOVED THE JOINT RESOLUTION BE ADOPTED, AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY COUNCIL MEMBER LOPEZ, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, VICE CHAIR BLAIR, AND CHAIR WHITE. VOTING NO – NONE. Council member Stephens was not present when this vote was taken. Chair White introduced in writing proposed Ordinance 2016-52, entitled: “An ordinance of Ogden City, Utah, amending the Ogden Municipal Code by amending Chapter 5 of Title 1 to revise the design and use of the Official City Logo; 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. The proposed ordinance was then read by long title. ON A MOTION BY COUNCIL MEMBER HYER AND SECONDED BY VICE CHAIR BLAIR, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2016-52 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, VICE CHAIR BLAIR, AND CHAIR WHITE. 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 2016-51 amending the Ogden Municipal Code by amending Subsection 15-33-2 to allow for Adult Day Care as a permitted use in the Professional Institution (PI) Zone A memo from the Community and Economic Development Department regarding a proposed code amendment to allow adult day care as a permitted use in the Professional Institution (PI) Zone came before the Council for consideration. The memo stated a petitioner, John Larsson, has submitted a request to amend the allowed uses in the Professional/Institutional (PI) zone to allow adult day care facilities as a permitted use. Day care facilities are currently allowed in the PI zone; however, the code limits them to the care of children. If approved, the amendment would allow day care facilities for both children and adults. Planning Manager Montgomery used a PowerPoint presentation to provide the Council with more information about the petition to allow adult day care centers in the PI zones of the City. The City defines adult day services as care and supervision for adults without a guardian for periods of less than 24 hours. An adult day care is a transitional facility from home caregiver to assisted living center and such centers typically provide necessary care at a much lower price. The centers also provide necessary relief to home caregivers; they offer care for those with frailty and physical dependence issues, memory impairment, stroke effects and Parkinson’s disease, or those dealing with isolation and depression. He reviewed a map of the City to identify the properties in the City that currently carry a PI zoning designation, after which he reviewed the proposed ordinance language change; the definition of day care would be amended to read “an establishment in an enclosed building with or without outside area for activity, which provides less than twenty-four (24) hour a day care for children or adults, e.g. day care, nursery, adult day care.” He concluded the Planning Commission recommended approval of the ordinance amendment on a seven to zero vote. Petitioner, John Larsson, approached and stated he is excited to revitalize an old building that has been part of Ogden’s heritage for a long time and use it in a different fashion. He indicated he has nothing to add to Mr. Montgomery’s presentation, but is willing to answer any questions the Council may have for him. Chair White asked Mr. Larsson if he is able to comply with all State regulations for this type of facility. Mr. Larsson answered yes and indicated his facility will be an adult day care facility licensed by the State of Utah. Council member Garner asked if overnight care will be offered to clients. Mr. Larsson replied no and stated the hours of operation will be 7:00 a.m. to 6:00 p.m. Council member Garner mentioned this allows individuals who care for elderly family members an opportunity to gain assistance in offering that care during hours that they are working or have other commitments. Mr. Larsson stated that is correct; any person that cannot be left alone by themselves is a candidate for service. Many caregivers are unable to care for someone 24 hours a day, or if they are it is easy for them to get ‘burned out’ and this gives them an outlet where their loved one will receive high quality care. Once someone is left at the facility they will not be allowed to leave on their own.  Council member Lopez asked about the cost of service. Mr. Larsson responded that the private pay option is $70 per day, veterans receive benefits from the Veteran’s Association and there is no cost to them for the service, and the third payment option is Medicaid. He added he has no plans to alter the footprint of the structure, but he would like to expand the garden area in the back, remodel a bathroom, and improve the entryway. Council member Nadolski asked about the number of people Mr. Larsson anticipates serving at the facility. Mr. Larsson stated the facility can accommodate up to 45 patients, but he plans to have no more than 25 to 35 patients in his facility per day. Council member Lopez asked if clients have the option to drop off an individual for less than a full day and pay an hourly fee for service. Mr. Larsson stated that half-day rates are available. Council member Lopez asked if there is any programming to offer support for low income families. Mr. Larsson responded Medicaid is available in those situations. Chair White reminded the Council that the action before them tonight is to consider a text amendment to allow adult day care facilities in the City. Chair White introduced in writing proposed Ordinance 2016-51, entitled: “An ordinance of Ogden City, Utah, amending the Ogden Municipal Code by amending Section 15-33-2 to allow for Adult Day Care as a permitted use in the Professional Institution (PI) Zone; 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 White then called for public input regarding the proposed ordinance. No persons came forward to be heard regarding this matter. The proposed ordinance was then read by long title. ON A MOTION BY COUNCIL MEMBER HYER AND SECONDED BY COUNCIL MEMBER GARNER, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2016-51 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, VICE CHAIR BLAIR, AND CHAIR WHITE. 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 Resolution 2016-23 determining the adequacy of consideration to be received for City property at 2186 Lincoln Avenue A memo from the Chief Administrative Officer came before the Council to consider a proposed resolution pertaining to the potential sale of property at 2186 Lincoln Avenue; the Francom Public Safety Building. The memo stated the Administration is proposing to transfer 3,285 sq. ft. of the existing Francom Public Safety Building that currently houses the dispatch center and an additional 4,300 sq. ft. of property adjacent to this section of the building for construction of additional space to allow for expansion of the dispatch center. The property would be condominiumized to allow for separate ownership of this portion of the building. Ownership of the property is necessary to support bonding for the cost of constructing the new section of the building. The 911 District plans to create a Building Authority which will own the condominium space. Bonds will be issued with lease revenue paid by the 911 District to the Building Authority pledged for debt service. Because the proposal is to transfer the property for less than the fair market value, pursuant to Section 4-3A-5 of the Ogden Municipal Code, the Council must determine if the public policy factors underlying the transfer of the property are adequate consideration. The Administration has identified the following public policy factors supporting the property transfer:  Ogden City is the largest entity served by the 911 District.  Ogden City residents would be heavily impacted by a tax increase that may be needed, should the 911 District have to find another, more expensive location.  The proximity of the dispatch center to the City’s Emergency Operations Center would be extremely beneficial in implementing and coordinating response efforts in an emergency event.  The proximity of dispatch personnel to Ogden City public safety personnel has proved to be very useful in day- to-day operations. If approved as proposed, the 911 District must also meet the following conditions:  The 911 District must pay the costs of creating the condominium plat and make alterations to the Public Safety Building.  The City must retain a reversionary interest in the property in the event the property is no longer used for the delivery of 911 services. Bond holders’ interests will be considered in this case. The 911 District will continue to make lease payments for the next year. In the future, the District will pay common area maintenance charges to cover maintenance costs for those areas. Planning Manager Montgomery reviewed the memo and used a PowerPoint presentation to provide the Council with additional information regarding the proposed property transfer. The transfer entails transfer of land for a new addition (4,300 square feet or two percent of the total lot space) and a portion of the existing 2nd floor of the building (3,285 square feet or five percent of the building space). He noted the Planning Commission, during their review of the proposal, considered whether the transfer of public property is consistent with the General Plan. They determined the transfer is consistent with the General Plan as the land will still be used for a general public purpose and will create an efficient use of facilities that meet the needs of Ogden. The Planning Commission vote was five to zero to recommend approval of the transfer with the following conditions: that a reversion clause be included in the transfer agreement to allow Ogden to reclaim the land and building space if it is no longer used as a 911 center subject to bond holder provisions, and that the transfer of property be contingent upon the condominium plat being recorded. Assistant City Attorney Stratford indicated that ordinarily conveyance of City property is an administrative action that the Council does not play a role in; however, according to State Code, if it is proposed that the property be conveyed for alternate consideration or a value other than cash, the Council must make a public policy determination declaring that the value the City is receiving is adequate for the property. He then noted that the property in question would never be made available for purchase by another buyer and for that reason, the value is difficult to measure. The City will benefit by the co-location of the 911 Center and other emergency response services. Additionally, there will be a reduced cost to establish a new center, which will benefit taxpayers and the City and the 911 center will continue to provide a contribution to cover common area expenses. Mr. Stratford concluded by addressing questions included in the Council packet regarding this proposal. First is whether the 911 District will need to increase their property tax rate to pay for the cost of construction of their expanded facilities. Mr. Stratford stated District representatives have indicated it will not be necessary to increase taxes to pay for the expansion and any future tax increase would be sought to cover personnel and other operating costs. Another question asked whether the 911 center expansion will have any other financial impacts on the City. Mr. Stratford indicated there is no significant financial impact because efforts have been made to appropriately divide common area costs so that each user is paying for what they use. The only real potential financial risk would be associated with the District’s non-payment of their bond payments. In this case the bond holders could foreclose on the portion of the building owned by the District; however, City Administration feels that is a very low risk and is willing to assume that risk to realize the benefits that will be realized by the transfer. He then indicated the Council should consider why the property should be condominiumized. He noted creation of a condominium plat is a tool to properly record shared space in an existing building and to finance using a lease revenue bond. He reviewed a diagram to identify the portion of the building that the 911 center currently occupies as well as the addition of the space that the center will expand into. Finally, Mr. Stratford noted that the Mayor held a public hearing on the matter as required by law and no persons attended that hearing to offer input or to protest this action. Council member Hyer mentioned the condition recommended by the Planning Commission that if the space is not used for the 911 Center, ownership will revert back to the City. He asked how that would take place and whether the City would be required to purchase the property. Mr. Stratford replied the agreement that has been drafted to handle the property transfer indicates the Mayor would handle that execution of the reversionary clause. The reversionary property would be made available to the City before being offered for public sale and once acquired by the City the property will be incorporated into the City’s public safety program. Council member Hyer stated that the property is not suitable for many other uses outside the public safety sector and it would be less than desirable if it were sold to a private owner. Mr. Stratford agreed and noted it is necessary to craft language with the bond holder regarding the reversionary clause. Council member Hyer addressed Tina Mathieu, 911 District representative, and asked how long the facility is expected to meet the needs of the District. Ms. Mathieu replied the building should serve the District for at least 25 years according to the District’s 25-year plan. Council member Nadolski asked Ms. Mathieu if it is estimated that the current level of revenue will satisfy the debt service for the bond. Ms. Mathieu answered yes. Council member Nadolski asked if the District foresees any increases in charges for services to continue to cover debt service obligations. Ms. Mathieu replied according to the manner in which the District was created, the Weber County Commission is solely responsible for setting rates and taxes for the District. When the voters voted to create the District eight years ago they approved a tax rate range and the current tax rate is less than half of the maximum rate within that range. There has been no tax increase since the District was created. She noted that the District recently purchased a $4 million software system and the fund balance is not as healthy as it once was; however, there should be no need for a tax increase for several more years and it would be associated with growth and increased operational costs. Council member Garner asked about the number of additional employees that will be hired and occupy the new space. Ms. Mathieu answered that in the first year no new employees will be hired, but staffing should be increased in 2017. Chair White asked if parking will be an issue at the site. Ms. Mathieu answered no. Council member Hyer asked if the 911 Center interacts with the Real Time Crime Center in the building (RTCC). Ms. Mathieu answered yes; there is a doorway between the RTCC and the 911 Center and that direct access will be maintained. She concluded that she appreciates the City’s consideration of this issue. She thanked Mayor Caldwell, Chief Administrative Officer Johnson, Mr. Montgomery, and Mr. Stratford for the approach they have taken. Chair White introduced in writing proposed Resolution 2016-23, entitled: “A resolution of the Ogden City Council determining the adequacy of consideration to be received for City property at 2186 Lincoln Avenue.” COUNCIL MEMBER GARNER MOVED THE RESOLUTION BE ADOPTED, AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Council member Stephens was not present when this vote was taken. Mayor Comments Mayor Caldwell stated he wished to reiterate his appreciation for everyone that worked on the branding project. Such projects can be very subjective and emotional, but those that worked on it put in a great effort to be objective and provide the City with a great starting point. Council member Comments Council member Nadolski also addressed the branding initiative and stated that although the entire Council may not love every element of the outcome of the branding project, one thing he loves about the campaign was the amount of input that so many people had the opportunity to give and the amount of hard work and effort that went into the project. He stated it is because of that collaboration that he fully endorses it in its entirety. Council member Garner recognized former Council member Suzie Van Hooser in attendance. He mentioned there are some big activities scheduled in downtown Ogden this weekend and encouraged everyone to participate in those events. Chair White recognized Carol McNamara and her group at the Walker Institute for their production of a great “Rock the Vote” concert. There being no further business to come before the Council, COUNCIL MEMBER LOPEZ MOVED THE MEETING ADJOURN AT 6:48 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Council member Stephens was not present when this vote was taken. /s/ Julia M. LaSeure JULIA M. LASEURE, MMC DEPUTY CITY RECORDER /s/ Marcia L. White MARCIA L. WHITE, CHAIR APPROVED: December 6, 2016