Logan Municipal Council Logan, Utah February 16,2016

Minutes of the meeting of the Logan Municipal Council convened in regular session on Tuesday, February 16, 2016 at 5:30 p.m. in the Logan City Municipal Council Chamber, 290 North 100 West, Logan, Utah. Chairman Herm Olsenconducting.

Councilmembers present at the beginning of the meeting: Chairman Herm Olsen, Vice Chairman Holly Daines, Councilmember Tom Jensen, Councilmember Jeannie F. Simmonds andCouncilmemberS. Eugene Needham. Administration present: Mayor H. Craig Petersen, Finance Director Richard Anderson, City Attorney Kymber Housley and City RecorderTeresa Harris.

Chairman Olsen welcomed those present. There were approximately105citizens in the audience at the beginning of the meeting.

Chairman Olsen announced that the Council met in a Closed Session at 4:45 p.m. to discuss possible property acquisition.

OPENING CEREMONY:

Sara Woodbury gave the opening thought/prayer and Darren Bingham led the audience in the pledge of allegiance. Both are from the Logan High School LEAF Club.

Meeting Minutes. Minutes of the Council meeting fromFebruary 2,2016were reviewed and approved.

ACTION.Motion byVice Chairman Daines seconded byCouncilmember Jensen to approve the February 2,2016 minutesand approve the agenda. Motion carried unanimously.

Meeting Agenda. ChairmanOlsenannounced there would be three public hearingsat tonight’s Councilmeeting.

Meeting Schedule. Chairman Olsen announced that regular Council meetings would be held the first and third Tuesdays of the month at 5:30 p.m. The next regular Council meeting is Tuesday, March 1,2016.

QUESTIONS AND COMMENTS FOR MAYOR AND COUNCIL:

There were no comments or questions for the Mayor or Council.

MAYOR/STAFF REPORTS:

Updates on Projects/Issues – Mayor Petersen

Mayor Petersen updated the Council on the following:

  1. There are currently no construction projects to report.
  2. This month’s Sesquicentennial Celebration event is a Gallery Walk of historic pictures at the Logan Library.
  3. A Rural Recycle Analysis has been completed by the students from the Community Bridge Initiative.
  4. USU Extension willcoordinate a City sponsored Community Garden.
  5. Training was recently held for the new City website. The new website will go live March 15, 2016.
  6. The Jack Draxler Transportation bill is awaiting its third reading.
  7. A meeting was recently held with respondents to the City Block Request for Proposal.
  8. The Logan River Task Force held an open house last Thursday.
  9. RAPZ tax requests are being finalized. The Council is welcome to contact Russ Akina if they would like more information.
  10. At the March 1, 2016 Council meeting, Mayor Petersen would like to have a discussion regarding code enforcement issues.

Board Appointments (Library Board and Civil Service Commission) – Mayor Petersen

Mayor Petersen asked for ratification of JaDene M. Denniston to serve on the Library Board which is a three year term and Dee Jones to serve on the Civil Service Commission which is a six year term.

ACTION.Motion by Councilmember Simmonds seconded by Vice Chairman Daines to approve ratification of JaDene M. Denniston and Dee Jones as presented. Motion carried unanimously.

COUNCIL BUSINESS:

Consideration of a proposed resolution supporting Policy and Activities which address Air Quality and Climate Change – Resolution 16-06– Logan High School LEAF Club and USU Student Organization for Sustainability and Natural Resources

Piper Christian from the Logan High School Logan Environment Action Force (LEAF) Club addressed the Council. She indicated this resolution is a collaborative effort from several students from Logan High School. She explained the proposed resolutionsupports the policy and activities which address air quality and climate change. The adoption of the resolution will show that the Logan City Council and Mayor will continue their programs, projects, and activities immediate and are the following:

  1. Make the transition from fossil fuels less onerous to consumers and to the economy by supporting policy which addresses long term economic viability on the local, state, and national level.
  2. Encourage individuals and corporations to produce and use less fossil fuel as Logan City has done.
  3. Continue support for the RECAB, the Conservation Coordinator, and the current programs and projects for the coming decade.
  4. Complete the energy “roadmap” for the City in 2016 to guide them toward an efficient and economical energy future based primarily on clean, renewable forms of energy which will improve air quality and continue to reduce its carbon footprint.
  5. Launch an ambitious educational program discouraging prolonged vehicle idling, especially for cold engines and encourage the reduction of vehicle miles driven.
  6. Continue to increase the average fuel efficiency of municipal fleet vehicles and “right sizing” the fleet to match the work; continue the employee program including anti-idling messages.
  7. Train and incentivize employees to conserve energy and save money.
  8. Enforce existing land-use policies that reduce sprawl, preserve open space, and create compact, walkable urban communities.
  9. Maintain healthy urban forests and promote tree planting to increase shading and to absorb CO2.
  10. Incentivize conservation technologies that are recommended to the Council by the RECAB, such as exploring the efficiency of a geothermal source heat pump coop program for individual use.

LONG TERM:

  1. Inventory global warming emissions in City operations, set reduction targets and create an action.
  2. Make energy efficiency a priority through building code improvements, retrofitting City facilities for energy efficiency and lighting.
  3. Continue researching energy tiered pricing for residents and businesses to encourage conservation.

Other students who addressed the Council are the following:

Carter MacDonald

Elizabeth Hansen

Wesley Carter

Catherine Rigby

Kai Torrens

Daniel Anderson

Meghan Hillingsworth

Amy Kropp

Chairman Olsen thanked the LEAF Club for attending tonight’s Council meeting and for their initiative, effort and vision for looking at things that are important to our community.

Vice Chairman Daines saidthe LEAF Club outlined specific goals and she asked are there plans on how the City can meet some of these goals.

Councilmember Simmonds responded that the RECAB has been working on the “road map” and it will be completed in 2016. The “road map” will then come to the Council for their approval. RECAB is committed in bringing to the Council ideas on how we can reduce our fossil fuels and improve air quality.

Chairman Olsen said credit should be given to the LEAF Club, Logan High School and Utah State University for bringing this to the Council.

Vice ChairmanDainesadded that RECAB has a specific budget to address some of these issues and programs.

Councilmember Jensen complimented the LEAF Club and thanked them for their efforts.

ACTION.Motion by CouncilmemberSimmonds seconded by Vice Chairman Daines to approve Resolution 16-06as presented. Motion carried unanimously.

Neighborhood Renewal – Councilmember Tom Jensen

Councilmember Tom Jensen addressed the Council regarding neighborhood renewal. The Council have all said they want to do something for the neighborhoods. He complimented Councilmember Needham who has given a lot of his time and money towards neighborhood renewal. He stated that CouncilmemberNeedham made a proposal to purchase two homes on 400 North but Councilmember Jensen does not feel this is the right neighborhood at this time.He asked the following:

  1. Is there a problem?
  2. What is the problemspecifically?
  3. What is the extent of the problem – where and how severe?
  4. Do we have data indicating the severity and direction of the problem?
  5. What strategies would be useful for each neighborhood condition?
  6. Which neighborhood should we start with?
  7. Should we focus on a sub-unit of a neighborhood for greater effect?
  8. What are the costs to implement different strategies?
  1. Increased code enforcement
  2. Investigation and reversal of illegal conversions
  3. Code modifications to facilitatecurrently lifestyle need.

-Garage/parking

-Additions

  1. Financial strategies
  2. Design assistance
  3. Incentives for developers to buy, fix-up and ‘flip’ to single family
  1. What levels of funding are we willing and able to support?
  2. What is the probable timeline? This is not a quick fix.

Councilmember Jensen said the main question is what is the interest level of families investing in residential properties to live here? If more families are interested in buying, fixing-up and moving in, we are healthy. If more families are moving out and properties are converting to multi-tenant rentals, we will deteriorate.

Proposal

  1. Small Steering Committee to guide the process of answering the questions.
  1. Councilmember(s)
  2. Community Development
  3. Administration
  4. Enforcement
  5. Neighborhood Representative(s)
  6. Neighborhood Non-profit
  7. Real Estate sector
  1. Larger Task Force to meet as needed as a resource.
  1. Steering Committee
  2. School District
  3. Churches
  4. Rental Management
  5. USU
  6. Funding Specialist
  7. Small General Contractor(s)

Chairman Olsen agreed with the commendation made regarding Councilmember Needham who has done a lot to strengthen core neighborhoods.

Councilmember Needham said he likes the proposal that Councilmember Jensen has presented. He added that he would like to include the resolution where the City would renovate the two properties that have been mentioned on 400 North. Based on his experience the City could lose $30,000 but he feels the City can well afford these two properties and should start with these two homes at a cost of approximately $60,000 and see what can be learned.

Mayor Petersen said he likes the proposal from Councilmember Jensen and feels that two Councilmember’s should serve on the committee and asked Councilmember Jensen to serve as Chair.

Vice Chairman Daines said she feels the proposal to form a committee sounds to her like an expanded Neighborhood Council group. One of the major complaints she has heard from the Neighborhood Council’s is over occupancy. She feels we need to incorporate the Neighborhood Council groups as well when the committees are organized.

Councilmember Simmonds said there is also an opportunity for the Council to look at these questions with a varying group of individuals who can define if there really is a problem. She asked Councilmember Needham why he feels the two homes on 400 North should be considered.

Councilmember Needham said the two homes on 400 North are available right now. He feels that 400 North is the ideal street to “dress up” and more people will see improvements on this road. Right now the homes really aren’t that vibrant and he feels this area can be improved.

Chairman Olsen suggested that first, the Council should approve or disapprove to proceed with the proposal from Councilmember Jensen to form a committee and then in two weeks come back withspecific things the committee would recommend moving forward. He feels the Neighborhood Council should also be involved.

Vice Chairman Daines said we already have some of the data in place from a Housing Study that was completed approximately three years ago and the Adam’s Neighborhood Plan which was completed within the last two years.

ACTION.Motion by Councilmember Simmonds seconded by Councilmember Needham to approve the Neighborhood Renewal Steering Committee and Task Force Proposal and that Councilmember Tom Jensen serve as Chairas presented. Motion carried unanimously.

ACTION ITEMS:

PUBLIC HEARING - Consideration of a proposed resolution that Crumb Brothers (Rolo Enterprises DBA Crumb Brothers) located at 291 South 300 West, seeks local governing consent for a variance with regard to proximity of this establishment to specifically, Kilowatt Park; and includes public or private school, church, public library, public playground, or park – Resolution 16-03

At the February 2, 2016 Council meeting, Community Development Neighborhood Improvement James Geier addressed the Council regarding the proposed variance. Crumb Brothers located at 291 South 300 West is requesting to become a Limited-Service Restaurant Liquor license for purposes of alcohol sales and is located beyond 200 feet but less than 600 feet of several community locations. The policy established by Utah Code Section 32B-1-202 that places proximity restrictions on retail licenses for purposes of alcohol sales in relation to the Logan High School Campus, Logan South Campus High School and Kilowatt Park, which are all community locations, should not apply because the negative impacts the State statute has are not present in this case.

City Attorney Kymber Housley stated the Council is consenting to the granting of a variance. This is not to grant a license to Crumb Brothers which, is done by the State of Utah.

Chairman Olsen opened the meeting to a public hearing.

Logan resident? addressed the Council. He said there is clearly a problem with underage drinking in many parts of the world. The proximity of Crumb Brothers to Logan High School has been mentioned but there are also several other local businesses where alcohol is served and are all within 1.5 miles of Logan High School. He said knowing that the School Board approves the variance he does as well and would ask the Council to approve the variance for Crumb Brothers.

Ogdenresident Kendra Shard addressed the Council. She owns three restaurants in the Ogden and Layton area. She is here tonight supporting Crumb Brothers and asked the Council to approve the variance.

Logan resident LaDawn? addressed the Council. She lives near Crumb Brothers and she said this is a great location for people to gather and she supportsthe variance.

Logan resident Beth Saul addressed the Council and supports the variance for Crumb Brothers.

There were no further comments and Chairman Olsen closed the public hearing.

Councilmember Needham said he is opposed to the variance and feels thatalcohol has ruined the lives of many people. He would vote against this type of variance every time.

Councilmember Jensen said it was his understanding that alcohol cannot be served without a meal and alcoholcannot be taken off premise.

Mr. Housleyrespondedthe alcohol cannot be taken off premise and not being a drinker himself, he does not know the rules regardinga meal being served with alcohol. Those rules are made and regulated by the State of Utah.

ACTION.Motion by Vice Chairman Daines seconded by Councilmember Simmonds to approve Resolution 16-03as presented. Motion carried 4-1 (Needham voted nay).

PUBLIC HEARING - Consideration of a proposed code amendment AE Urbia Architects/John & David R. Brandley, authorized agent/owner(s), request a 5-story student housing development accommodating 372 students. Application also includes a text amendment to modify the Campus Residential density calculation from the traditional unit per acre to a person/bed per acre in order to provide flexibility for designing multifamily residential developments in the Campus Residential zoning district. The project is located on 1.54 acres at 743 North 800 East in the Campus Residential (CR) zone – Ordinance 16-05

At the February 2, 2016 Council meeting, Logan City Planner Russ Holley addressed the Council regarding the proposed code amendment. The applicant is proposing to amend the Land Development Code 17.12.110 and 17.15.120 so that the maximum densities are based on number of occupants/beds pre acre rather than current ordinance language, which limits the number of dwelling units/apartments per acre. The existing maximum density in the Campus Residential (CR) zone is 40 dwelling units/apartments per acre with a maximum occupancy of up to 6 individuals per unit (no more than 2 per bedroom). The proposal is to amend the code to allow 240 occupants per acre configured in any number of dwelling units/apartments. For example, one could have 240 one-bedroom apartments, 120 two-bedroom apartments and so on per acre of land in the CR zone.

Staff conducted research of six college towns throughout the State and Nation to determine if other cities based densities off total number of beds versus total number of apartments. All six cities base their densities off apartments/dwelling units per acre. Throughout zoning history in Logan City, with the exception of group homes/sororities/fraternities which are individually conditional permitted, maximum densities have always been based off of dwelling units per acre. The City allows up to three unrelated individuals per dwelling unit except for the Campus Residential Zone, which allows up to a maximum of six (6) unrelated per dwelling units. The allowance of up to 6 individuals does increase overall numbers and gives the option for more apartment unit size diversity and provide a wider range of housing options. Not all student housing projects maximize occupancy levels and some in recent years, based on market demand from young married or similar situations have been built with low bedroom counts.