Logan Municipal Council Logan, Utah January 3, 2012 ... Council/Minutes/2012/Jan3.pdf · Quayle, Vice Chairman Holly Daines, Herm Olsen, Karl B. Ward and Tom Jensen. Administration

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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012

Logan Municipal Council Logan, Utah January 3, 2012

Minutes of the meeting of the Logan Municipal Council convened in regular

session on Tuesday, January 3, 2012 at 5:30 p.m. in the Logan City Municipal Council

Chamber, 290 North 100 West, Logan, Utah. Chairman Dean Quayle conducting.

Council members present at the beginning of the meeting: Chairman Dean

Quayle, Vice Chairman Holly Daines, Herm Olsen, Karl B. Ward and Tom Jensen.

Administration present: Mayor Randy Watts, City Attorney Kymber Housley, Finance

Director Richard Anderson and City Recorder Teresa Harris.

OPENING CEREMONY

The Logan City Police and Fire Honor Guard led the audience in the pledge of allegiance

The Reverend Susan Springer from St. John’s Episcopal Church gave the opening prayer.

Chairman Quayle welcomed those present. There were approximately 45 citizens in the

audience at the beginning of the meeting.

Oath of Office. City Recorder Teresa Harris administered the Oath of Office to

Herm Olsen, Karl B. Ward and Tom Jensen.

Meeting Minutes. Minutes of the Council meeting from December 6, 2011 were

reviewed and approved with minor changes.

Meeting Agenda. Chairman Quayle announced at tonight’s meeting there would

be three public hearings.

Meeting Schedule. Chairman Quayle 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, January 17, 2012.

QUESTIONS AND COMMENTS FOR MAYOR AND COUNCIL

No comments for the Mayor or Council.

MAYOR/ STAFF REPORTS.

Youth City Council Update.

Youth City Council representatives Madeline Daines, Alyson Oblock and McKenzee

Burbank addressed the Council and gave a report of their latest service projects. They

made candy boxes for the children at CAPSA.

Bear River Health Department Annual Report – Jill Parker.

Jill Parker from the Bear River Health Department gave their department Annual Report.

The Bear River Health Department covers the area of Box Elder, Cache and Rich County.

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The six major areas of focus from the Annual Report are Environmental Health

Protection, Women, Infant and Children nutrition services, Substance Abuse Services,

Family Health and Nursing Prevention Services, Public Health Promotion and

Emergency response for disasters and public health emergencies.

The Health Department now offers barcodes and smart phone access for the community

to link to the most current air quality information. There were two vaccine preventable

outbreaks in 2011 of whooping cough and measles.

The Health Department is now able to provide all food inspection findings from Box

Elder, Cache and Rich Counties online at www.brhd.org.

Councilmember Jensen asked what are the most critical things that Logan City can assist

the Health Department with as they move forward in 2012.

Ms. Parker responded the top issues would be education for immunizations and making

people aware of the cancer screening program they offer to the public.

Mayor Watts thanked Ms. Parker for her report.

State of the City Address – Mayor Randy Watts.

Mayor Randy Watts

State of the City Address

Tuesday, January 3, 2012

Here we go, another year ahead of us and a year behind us to reflect upon. First, we the

administration are appreciative of the years of service that Laraine Swenson and Jay

Monson have given to the City and we are looking forward to working with the two new

council members Tom Jensen and Karl Ward along with Holly, Dean and Herm.

2011 has had many challenges, such as the economy, staying afloat and keeping the City

in check and making sure we in no way get over extended. We as an administration feel

and hopefully the Council feels the same way that as revenues improve we need to put

those dollars into capital improvements and continue using some dollars from CDBG

funding for curb and sidewalk enhancement.

We will continue to closely monitor heath care costs and look at even better ways to save

revenue through even better practices. We will be more aggressive with the trail system

within Logan City and Logan Canyon. We will look at the current arrangement of the

Recreation Center and with guidance from Russ Akina; evaluate the future financial

upgrades needed for the building. We will continue to look at renewable energy

opportunities in our power department and continue to improve the infrastructure of our

electrical grid system and continue to build our reserves within that department.

We will continue working toward upgrades on 200 East and improvements on the South

Main park strips. We will continue to look for new business to locate here in Logan and

http://www.brhd.org/

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with Issa Hamud’s guidance, work on solid waste and waste water solutions. Reducing

the phosphorus from the sewer lagoon is ramping up to be a huge project in the near

future and the construction of the transfer facility at the existing landfill will forever

change the way we handle solid waste in a very good way. We will continue working at

making Logan a desired and safe place to live, making sure through Chief Peterson and

Chief Jensen that our Fire and Police Department continue to stay on top of their training

and that we the administration stay on top of the proper funding to keep them healthy.

Mark Nielsen and the Public Works Department have the longest list of needs and I

dedicate a lot of my time and effort to reducing that list and chiseling away at the

infrastructure needs.

I would ask citizens that own property in Logan City whether it be residential, rental or

commercial to give a more concerted effort in maintaining and taking care of your

investment so that all citizens can benefit. Mowing lawns, weeding, painting, clearing

sidewalks of snow are just a few things but it we all do our part, we can continue

enjoying the quality of life we have here in Logan.

I also ask that citizens of Logan continue to be vigilant and report anything suspicious to

the police or other authority so we can continue being one of the safety Cities in the

country.

I appreciate all of our department heads in staying focused and always looking for ways

to improve service, save revenue and continue being United in Service for an ever

increasing demand on our infrastructure.

Along with this State of the City address is a list of accomplishments and goals from each

department.

I wish each of you the best in the New Year.

Thank you.

Please see attached list of Goals and Accomplishments from City Departments.

Department of Community Development

Accomplishments

BUILDING – issued 499 building permits, conducted 188 plan reviews and performed

1,255 inspections representing a total construction value of value of $44,748,608.

Significant projects completed and/or initiated in 2011 include the Falls at Riverwood,

the Logan City Golf Course, and the Logan Regional Hospital, Conservice, Gossners,

Herm’s Inn, the Aggie Blue Square Mixed Use project, and numerous residential

projects.

NEIGHBORHOOD IMPROVEMENT – continued work on improving Logan’s

neighborhoods by responding to 300 complaints, initiating another 179 landlord licensing

enforcement actions, issuing 1,253 Landlord Licenses representing over 50% of Logan’s

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residential unit count, implementing the Town Center parkstrip reclamation project,

issuing over 2,100 business licenses & 1,253 landlord licenses, and administering over

$535,000 of CDBG grant funds.

PLANNING – continued work on improving Logan’s neighborhoods by adopting the

2011 Land Development Code, completing the Downtown Specific Plan (adoption 2012),

completing the Cache Valley South Corridor Development Plan (adoption 2012),

completing the Affordable Housing Plan, initiating the Adams Neighborhood Plan,

Initiating the Open Space Plan & Program, completing the 2011 reconnaissance level

survey for future historic preservation needs, reviewing almost 80 separate projects, and

managing a number of different applications for grandfathering, signs, fences, parking,

non-conformities, occupancy restrictions and historical appropriateness.

Departmental Goals for 2012

Work more efficiently and effectively as we respond to changing market and regulatory

conditions. Our primary goals are to improve our internal service capabilities; improve

our levels of customer service by being more responsive to citizen and client needs;

improve our public outreach efforts by developing and fostering better working

relationships with the public and our Neighborhood Councils; and working collectively

towards ensuring Logan remains a top quality City through the implementation of each

specific function within Community Development.

Environmental Department

Responsibilities FY 2011

The City of Logan Environmental Department provides County wide solid waste

collection, County wide solid waste disposal, green waste collection, composting and

recycling. Department also provides regional wastewater treatment and wastewater

pretreatment. Also provide Forestry and mosquito abatement for Logan City.

Accomplishments FY 2011

1. Continued to boost reserves for future improvements for solid waste and for

wastewater

2. Obtained zoning change for the proposed Clarkston Landfill Site, and started the

permitting process

3. Began ground work for new Administration and Transfer Station Facilities

4. Increased recycling public education

5. Renewed efforts with Box Elder County for possible Landfill opportunities

6. Maintained work load with fewer employees

7. Substantial reduction in accidents

8. Maintained compliance with UPDES permitting

9. Algae research at the Lagoons site in cooperation with USU

10. Proactive investigation of wastewater treatment methods for use at the WWTP

11. Repaved road through the Lagoons

12. Maintained efforts through Pretreatment to keep business’ in compliance

13. Public education efforts at Lagoons (WWTP) and pretreatment inspections

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14. Operated algae pilot plant including raceway ponds, solid liquid separation, and

anaerobic digestion

15. Conducted pilot study with dissolved air flotation (DAF) for solid liquid separation

16. Maintained update of rolling stock creating efficiency in collection

17. Upgraded and/or replaced rolling stock for Department as a whole

18. Finalized bid and contract process for new Administration Building and Transfer

Station

19. Established recycling programs for several businesses

20. Continued to improve City forestry activities by trimming trees, planting new trees,

and removing dead trees

21. Increased forestry public education

22. Replaced/upgraded 4 pieces of equipment at Landfill

23. Replaced 8 fleet trucks for Collections Division

Goals FY 2012

1. Continue efforts on bids & contracts for phase II (transfer Station Building) at

Landfill

2. Start Construction of new Administrative offices and garage, mechanic & truck wash

building at the landfill.

3. Create Landfill roads construction plan

4. Maintain the Safety program in all areas of the department

5. Work towards obtaining permits for the development of a new landfill at the North

Valley landfill site

6. Create a groundwater monitoring plan and collect data from the groundwater

monitoring wells to obtain background water characteristics

7. Stay in compliance with wastewater treatment regulations

8. Successfully renew our UPDES permit/meet compliance milestones

9. Continue compliance with business’ through Pretreatment

10. Educate the public about environmental conservation and tools available (website) to

help accomplish conservation efforts.

11. Continue research of algae and other wastewater treatment processes to maintain

compliance with the UPDES permit

12. Complete wastewater treatment master plan

13. Update software for GIS system

14. Reduce Recycle contamination through public education

15. Continue to cut costs at Hazardous Waste Facility

16. Increase Green waste Facility revenues by 73% over 2011

17. Decrease equipment maintenance costs by 15% over 2011

18. Continue safety efforts as a department

19. Continue Public Relations efforts

20. Continue to support business based recycling programs

21. Replace the last 2 oil heaters in the Environmental garages

22. Maintain inspection of construction progress at the Landfill

23. Maintain contact with Public Works on completion of the sewer line down 200 South

24. Continued new tree inventory

Considerations for the Future

1. Installation of GPS tracking system for collection fleet

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2. Evaluate adding CNG vehicles to fleet for emissions and costs efficiency

Legal Department Accomplishments

In 2011, the Legal Department contracted with the Cache County Attorney’s Office for

the City’s criminal prosecution. This resulted in the elimination of an attorney position

for an approximate annual savings of $15,000.00 and freeing up the Legal Department

and Risk Management’s only clerical position by at least 50%. This has allowed better

clerical support for our other responsibilities.

In litigation, the Legal Department had a successful ruling from the District Court on the

park strip case and we successfully settled the Canyon Road Landslide lawsuit.

In Risk Management/Safety, we continue to lower the number of claims being filed and

the dollar amounts being paid for these claims. The City’s safety record also continues to

be exemplary resulting in our insurance premiums holding steady while other

municipalities are experiencing premium increases. Risk Management in cooperation

with Public Works and Light and Power, has implemented a safety audits for City

sidewalks and City power poles. The Safety Committee continued to meet and reviewed

all accidents and claims, looking for ways to be safer.

In general the Legal Department provided critical support and counsel to nearly every

department and division within the City. The Legal Department had a role in many of the

accomplishments highlighted by the other departments and divisions. Over 240 specific

projects have been completed by our department at the request of other departments

within the City during the calendar year.

For 2012, it is the goal of the Legal and Risk Management Department to bid our

liability, property and worker’s compensation insurance coverages and evaluate the

feasibility of becoming self-insured up to $2,000,000.00. This would result in greater

control over the handling of claims and lawsuits while also lowering our liability

premiums. These savings would be added to our liability reserves.

Public Works

Goals for next year

Capital infrastructure projects (1000 West)

Continue working to get water system PRV's activated

Replacement of Smithfield lift station

Keep our city vehicles clean

Accomplishments for this year

Proactive approach to flooding helped prevent more widespread impacts

Survived 1000 West utility replacement

Joint venture with L&P for Dewitt Pipeline microturbine

Purchased 6 parcels on Canyon Road

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Finance Department

2011 Accomplishments

PCI Credit Card Compliance

Upgrade voice mail system

Upgrade IP phones (ongoing)

Payroll software implementation (ongoing)

Utility billing software implementation (ongoing)

Community development software implementation

2012 Goals

Complete integrated software implementation for all divisions with a total estimated one-

time savings of $1,000,000, plus annual savings.

Parks and Recreation

Construction of Majestic Park completed

First phase of Bridger Park completed

1000 West trail design plan approved by U.S. Army Corps of Engineers

Reconfiguration of load/unload loop at the Recreation Center constructed

ADA signage installed at the Recreation Center

Weight Room modifications completed at the Recreation Center

Curb, gutter, and load/unload area constructed at the trail head on Golf Course Road

Curb and gutter constructed on Golf Course Road

Golf Course Clubhouse renovation completed

Temporary repairs to golf course following riverbank breach completed

Assisted FEMA with proposed plan to restore riverbank

Obtained approved plans for Willow Park Zoo Gift Shop

CDBG funding for 300 South sidewalk project approved

Resurfacing of the Logan River Trail through the Golf Course

Increased attendance and show venue for City Fireworks event (now Freedom Fire)

Received RAPZ funding for:

Bridger Park restroom

Logan Canyon Gateway Trail

Trail connection between Bonneville Shoreline Trail tunnel and Hydro Park

Merlin Olsen Central Park Picnic Pavilion Replacement

Aquatic Center Picnic Pavilion Installation

Removed start dates for park and pool reservations making it more convenient for

reservations

Established a check-in desk at the Aquatic Center locker room to secure patron valuables

Conducted successful site visit with Forest Service for proposed parking lot at Second

Dam/Hydro III

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Parks and Recreation Advisory Board assisting staff with 2012 Master Plan Update

2012 Goal

In 2012, the Parks and Recreation Department will increase its efforts towards public trail

planning and development. This includes the Canyon Road canal corridor and extension

of the Logan River Trail from 1000 West to 1800 South. The department will, with

approved funding, address capital improvement projects in this fiscal year as well as

riverbank restoration and flood mitigation work at the golf course.

Fire Department

Accomplishments from 2011:

1- The implementation of the Image Trend Reporting Software.

2- Getting Station 72 designed, bid and the project started.

3- The re-organization of the department with the implementation of Battalion

Chiefs.

However, a strong argument could be made that:

1- Responding to 3,000 emergency calls and

2- Transferring 500 patients to out-of-county hospitals in snow storms, fog, wind

and many times in the middle of the night, safely with NO accidents

3- Providing medical and fire standbys for, football games, rodeos, races, airport and

4- 100’s of building inspections and

5- 100’s of Public education events and

6- 100’s of hours of training were our biggest accomplishments for the past year!

What are our goals for next year? Continue doing everything on this list and:

1- Redo all of the Fire Department policies and procedures

2- Get Station 72 built and staffed.

Police Department

o Logan City Police started the Logan City Police Department part-time

police officer program. This was done to professionalize, train and

ultimately give us a ready pool of prospective police officers for hire.

o Logan City Assigned a detective to the Utah State Internet Crimes Against

Children Task Force. We have already made several arrests.

o Logan City Police Department started what we call the ―Stop the Main

Distraction‖ Campaign, October 1, 2010 through September 30, 2011.

(See attached statistical information).

Education through schools, radio ads and print.

30% increase in enforcement.

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5% reduction in traffic accidents.

o 911 Center became Accredited through the Nation Center for Missing and

Exploited Children.

911 Center Developed a Cache County Lost/missing child

protocol.

Goals for 2012:

o We have been awarded a second year grant for the ―Stop the Main

Distraction‖ campaign. We hope to show a greater reduction of traffic

accidents on Main Street.

o Logan City Police plans to finish the Utah Chiefs of Police Accreditation

process.

o Logan City Police plans to bring parking enforcement back in house with

a new program to include new software and convenience payment option.

o 911 Center plans to increase the height of the Newton radio tower. This

will increase the capacity of the antenna for better radio coverage. This

will directly benefit the Logan City Environmental Department.

Human Resource Department

ACCOMPLISHMENTS FOR 2011-2012

Implemented a new on line performance evaluation system for all employees.

Up dated the Civil Service Rules and Regulations

Filled three key positions-Fire Chief, Director of Community Development and

Director of Logan City Library.

Implemented the National E-Verify Verification of Work Authorization program

Did an RFP for our insurance vendor.

Strengthen Wellness program—Sponsored Weight Watchers—10,000 steps walk

about program

GOALS FOR 2012-2013

Implement new Human Resource Information System.

Continue to promote and improve Wellness Program. Obtain 100% participation.

Do an RFP for our background check provider.

Light & Power

Phase One of the 10th

West Project started construction on January 7, 2011,

building a new 46 Kv Transmission line with a 7.2/12.5 Kv underbuild distribution line.

For the most part it was completed in September, with the removal of the old line on the

east side of 1000 West. UDOT reimbursed Logan City 100% of the distribution portion

of the construction, which allowed our labor costs to cover the expense of the

transmission portion. Total reimbursement was $1,268,000.

A new 600 amp three phase underground loop was installed from 900 South to

1200 South on Hwy 165; $150,000 of the cost was provided by the RDA fund for the

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future growth to this area. As soon as time allows in the spring, we will be removing the

overhead lines from Firehouse Pizzeria to the Maverik at 1200 South.

The overhead three phase line from Hwy 91 at the intersection of 2500 North to

the west belonging to Logan City was removed and placed underground. UDOT paid

$26,000 of the cost.

Logan Light and Power received a grant for $125,000 for induction street

lighting; and currently has installed 75 induction lights in various locations around

Logan. By the end of the year we should have 30 additional lights installed along the new

10th

West roadway, mounted on 14-foot cobra arms.

We implemented a pole testing and replacement program this year by utilizing a

new state of the art pole testing machine. With the assistance of a USU engineering

student, several distribution poles that proved to be rotten have been changed out. We

continue to test the transmission system throughout the City. Logan City has been asked

by the IPSA organization to present this programming to over 70 members from five

different states at the annual meeting in February 2012.

Goals 2012

The 10th

West Phase II contract with UDOT has been signed for 100%

reimbursement to relocate the Transmission and Distribution Line between 200 North

and 1400 North. The estimated cost back to Logan City will be $610,000-plus. We

currently have begun work at the 1400 North 1000 West intersection. Additional steel

poles are set to arrive by mid-March 2012, with a completion date of mid-June 2012.

By January 3, 2012, we hope to have contracts in place for Cache Valley Electric

to complete the Rocky Mountain Power portion of Substation #7; with a completion date

of June 30, 2012.

We plan to continue the induction lighting change out. The main target areas to

begin with will be Center Street to Cliffside area; Canyon Road to Hwy 89; Main Street

from 1800 North to 1200 South; 400 North Main to 1500 East Hwy 89 toward Logan

Canyon.

Third Dam, located in Logan Canyon, developed some serious concrete

deterioration problems in operating the slosh gate this past fall, which will require some

good engineering and reconstruction after spring runoff.

We have maintenance planned for Hydro III this coming year. The turbines need

to be overhauled and the conductors leaving the control panel to the outside need to be

replaced. There are currently three (3) pole mounted type transformers setting on the

ground in a fenced area near the park. We will be replacing them with one (1) pad mount

transformer.

The SCADA upgrade for the Hydro Electric Plants is scheduled to begin in

January, at an estimated cost of $95,000. (This is the control system back to SOCC.)

The Transmission system from 300 South on 100 East to SOCC along 300 South

has been approved by the Planning Commission for replacement. We are hopeful to

complete this in 2012, however, we would like the Planning Commission to reconsider

letting us use Galvanized steel over Corten Steel.

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Report of the Citizens Commission to review the adoption of Logan City’s Land

Development Code and Zoning Map – L. Brent Hoggan.

Brent Hoggan read the Report from the Citizens Commission consisting of himself, Gary

Carlston, Barbara Price, Alan Hinckley and Blythe Ahlstrom who were all in attendance

at tonight’s meeting.

REPORT OF THE CITIZENS COMMISSION TO REVIEW

THE ADOPTION OF LOGAN CITY’S LAND DEVELOPMENT

CODE AND ZONING MAP

--------------------------------------------------------------------------------------------

Following is the report of the Commission appointed by the Logan City Council

(Council) to review the history leading to the adoption of the Logan City Land

Development Code (Code), the insertion in the City’s Zoning Map (Map) of a high

density residential zone in the area of 10th

North and 6th

East in Logan, Utah (10th

North

and 6th

East) and the exploration of any improper relationships between the developer of

the land in question and the Logan City Planning & Zoning staff (Planning Staff) in the

process leading to the adoption of the Code and Map. This Commission received its

charge in the form of a letter from the Council dated October 17, 2011, a copy of which is

Appendix I to this report.

METHODOLOGY

In pursuance of its charge, the Commission interviewed all members of the Council,

members of the Logan City Planning Commission (Planning Commission), the Logan

City Attorney, members of the Planning Staff, including the current City Planner, a

member of the Adams Neighborhood Council and Mark Lunt, an interested citizen who

attended various meetings of the Council and Planning Commission during the process

leading up to the adoption of the Code and Map. The names of the persons interviewed

are set forth in Appendix II to this report. The committee also reviewed the minutes of

the joint Council and Commission meeting held November 30, 2010, minutes of the

meeting of the Planning Commission held December 9, 2010, minutes of a workshop on

the Code and Map held January 4, 2011, minutes of the Council meeting held January 4,

2011 and minutes of the Council meeting held February 1, 2011. The Code and Map

were adopted by the Council in its meeting on February 1, 2011. The Commission also

reviewed the legal notices of the various Planning Commission and Council meetings.

Based upon the foregoing, the Commission made the following:

FINDINGS

1. The Code and Map were provided to members of the Council prior to the joint

meeting of the Council and Planning Commission held on November 30,

2010. Some members of the Council stated that they examined the Map and

read the Code in its entirety prior to the November 30, 2010 meeting.

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2. At the time of the combined meeting of the Council and Planning Commission

held on November 30, 2010, the Map did not show the area at 10th

North and

6th

East as being in a high density campus residential zone.

3. In the joint Council and Planning Commission meeting held November 30,

2010, Mr. Lunt recommended that the area around 10th

North and 6th

East be

zoned campus residential. This recommendation was not approved at the

November 30, 2010 meeting.

4. In response to Mr. Lunt’s recommendation, Jay Nielson, the City Planner at

the time, stated that the ―general plan does not recommend this and the

neighborhood was involved in the entire process‖ (see Code Revision Rezone

Summary).

5. The issue of rezoning the area at 10th

North and 6th

East was considered again

by the Planning Commission in its meeting on December 9, 2010. This

meeting concluded with the motion of John Kerr that the Planning

Commission ―….recommend adoption of the Land Development Code with a

couple of reservations: the information that we have received today is

beneficial, they both represent on-going studies and input from the public, but

allowing for that continued input and consideration, I think that the Code

should not be delayed beyond the present time‖. (Emphasis added) (see

minutes of December 9, 2010 Planning Commission meeting). John Wuthrich

seconded the motion and all members of the Planning Commission present in

the meeting voted yea.

6. Although there is some ambiguity in the meaning of the terms ―a couple of

reservations‖ and ―allowing for that continued input and consideration‖ in

Mr. Kerr’s motion, it appears that the reservations referred specifically to the

rezoning of 4th

North and 10th

North and 6th

East.

7. This Commission finds on the conflicting recollections of persons

interviewed, that the reservations in the motion of the Planning Commission

to recommend the adoption of the Code and Map referred specifically to the

proposed 4th

North and 10th

North and 6th

East rezones.

8. The next time the Code and Map were considered by either the Council or the

Planning Commission was by the Council in its meeting in January 4, 2011.

The Zoning Map had not been changed at this time.

9. The change on the Map occurred after the January 4, 2011 meeting. The

change of the Map was made in the City Planning office.

10. The change in the Map after January 4, 2011 to make the 10th

North and 6th

East area a campus residential zone was the only change of the Map after it

was first given to the Council in September of 2011.

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11. The Council adopted the Code and Map in its meeting on February 1, 2011.

At this time the 10th

North and 6th

East zoning change had been made in the

Map but the change was not brought to the Council’s attention by the City

Planner nor anyone else. No inquiry was made by the Council of any

changes. At this time of the adoption of the Code and Map none of the

members of the Council were aware of the 10th

North and 6th

East zoning

change.

12. Although the required legal notices for adoption of the Code and Map were

given, it was the consensus of virtually all persons interviewed that adopting

the Code and Map in combination was too large an undertaking for a project

as significant as this and that more specific notice of the zone changes should

have been given to affected residents.

13. The development of the Code was a lengthy process. The push to pass the

Code and Map before Jay Nielson’s retirement combined with the need to

finish the project may have contributed to the un-reviewed inclusion of the

10th

North 6th

East property in the campus residential zone.

14. This Commission has found no improper relationship between the developer

of the property in question and the City’s Planning Staff or the Planning

Commission.

15. Given the large volume of the Code and the difficulty in reading the Map, the

Council probably should not have been expected to identify the changes in the

Map to include the 10th

North and 6th

East property as being in a campus

residential zone when it adopted the Code and Map on February 1, 2011.

16. Notwithstanding Finding Number 15 above, the Council had a duty to inquire

of the Planning Office of any changes in the Code and in the Map after the

Council originally reviewed the Code and Map and the date these documents

were adopted.

17. The Planning Office had a duty to inform the Council of any changes in the

Map and/or Code from the time the Council first received these documents

and the date they were approved. The Planning Staff did not so notify the

Council.

18. All members of the Council indicated that had they known of the 10th

North

and 6th

East zoning change in the Map at the time the Code and Map were

adopted they would not have adopted the 10th

North and 6th

East rezoning to

high density campus residential without further notice to affected residents

and further consideration by the Council.

From the foregoing findings this Commission makes the following:

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RECOMMENDATIONS

1. The City should not make an assumption that, by meeting minimal legal

notification requirements for zoning changes, such action ensures that affected

citizens are properly informed of potential changes to their property. The

notification process regarding planning and zoning matters must be improved.

2. That any time a change is made in the Map which affects a given neighborhood,

notice of that change should be given to all residents within a 300 foot radius of

the affected area.

3. Notice given pursuant to recommendation #2 above should be given by mail to

each resident and, to the extent possible, by personal delivery by members of the

neighborhood Council in which the affected area is located.

4. The Planning Staff should be required, without prompting or question on the part

of the Council, to track and hi-light any changes in the Map from the time the

Map is first received by the Council until it is ultimately adopted by the Council.

5. The Neighborhood Councils should be strengthened and used as an important

resource for informing citizens whose property are effected by any zone change.

6. Adoption of the Code should be separate from adoption of the Map. Adoption of

the Map should be done in small segments allowing for the giving of more

adequate notices to affected residents.

7. Motions by the Planning Commission should be reduced to writing before

submitted for a vote. This should help to limit or eliminate ambiguity in motions

by the Planning Committee

8. The City Planning Staff should have on their check list an item reminding them to

bring any changes or suggested changes to the attention of the Council. A copy of

the City Planner’s check list should be given to each Council member.

9. The Commission focused its attention to the 10th

North and 6th

East rezone to high

density campus residential. This zoning change did not come to the attention of

the Council until a developer made an application to construct a very large

apartment complex on the property. The City may want to consider undertaking

a review of the entire Map to be certain there are no other concerns such as the

10th

North 6th

East that are just ―waiting to happen‖.

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The Commission extends its appreciation and commendation to the Council for

authorizing this planning and zoning process review. By so doing, the Council has

demonstrated its desire to improve both process and citizen participation in planning and

zoning matters.

Respectfully submitted this 3rd day of January, 2012

Blythe Ahlstrom

Gary Carlston

Alan Hinckley

Brent Hoggan

Barbara Price

Appendix I

TO: Citizens Commission: Alan Hinckley

Brent Hoggan

Gary Carlston

Blythe Ahlstrom

Barbara Price

FROM: Logan Municipal Council: Chairman Herm Olsen

Vice Chairman Dean Quayle

Jay Monson

Holly Daines

Laraine Swenson

DATE: October 17, 2011

RE: 1000 North 600 East Rezone

First of all thank you for serving on the Citizens Commission. As the Council we don’t

want to put any limits on what information you review. Suggestions would be to review

the history of the presentation of the Land Development Code, the insertion of the

amended map, any improper relationship between the developer and the City staff, and

whatever recommendations might grow from your observations on insuring this does not

occur in the future.

Thank you again and please let us know if you have any questions.

Appendix II

Persons Interviewed by the Citizens Commission

Logan City Council Members

Herm Olsen (Gave Commission its charge and shared his thoughts and views)

Laraine Swenson

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Dean Quayle

Jay Monson

Holly Daines

City Attorney

Kymber Housley

City Planning Staff

Mike DeSimone

Kristin Clifford

Glen Goins

Russ Holley

Planning Commission

Jeannie Simmonds

John Kerr

Heather Hall

Konrad Lee

Citizens

Mark Lunt

Marilyn Griffin, Adams Neighborhood Council Chair

Mayor Watts thanked the Commission for their work and due diligence on this report and

he said administratively we need to do better

Councilmember Olsen also thanked the Commission and expressed his apologies that the

affected neighborhood had to go through this process. He is impressed with the

recommendation from the Commission and hopes the City will work to implement the

suggestions from the report.

Chairman Quayle announced that beginning tomorrow night individual neighborhood

meetings will be held to discuss the zoning map and zoning issues.

COUNCIL BUSINESS.

A list of the 2012 Council Board and Committee Assignments was distributed to the City

Council. City Attorney Kymber Housley said there are different authorities for each of

the boards. This information is available in the City Recorder’s office.

Chairman Quayle asked the Council to review this list and to let him know if changes

need to be made.

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2012 Council Board and Committee Assignments – Chairman Dean Quayle.

LOGAN MUNICIPAL COUNCIL

2012 COUNCIL CHAIR AND COMMITTEE ASSIGNMENTS

DEAN W. QUAYLE: Meeting Schedule

Council Chair (January-December)

RDA Chair (January-December)

Audit Committee As needed

Logan-Cache Airport Authority Board (Mayor Appoints) 1st Tues., 8 am

Renewable Energy Board 1st Wed., 7:30 am

Storm Water Advisory Board (Mayor Appoints) As needed

Water and Sewer Board (Mayor appoints) 3rd Thurs, 4 pm

**Regional Council Monthly

HOLLY DAINES:

Council Vice Chair (January-December)

RDA Chair (January-December)

Cache Metropolitan Planning Organization (Mayor Appoints) 1st Mon., 5 pm

Youth City Council 1st and 3rd Mon., 5:30 pm

Renewable Energy Board 1st Wed., 7:30 am

Economic Development Committee (Mayor Appoints) 2nd Wed., 10 am

Citizens Compensation Advisory Committee (Mayor Appoints) As needed annually

Historic Preservation Committee (Mayor appoints) As needed – 1st/3rd Mon., noon

**CDBG As needed

HERM OLSEN:

CCEMS Board - Ambulance 2nd Tues., 3:30 pm

Economic Development Committee (Mayor Appoints) 2nd Wed., 10 am

Parks and Recreation Board (Mayor Appoints) 3rd Wed 9:30 am

**CDBG As needed

**ASUSU Board Tuesdays

TOM JENSEN:

Cache Valley Center for the Arts Board (CVCA Board of Trustees Appoints) 2nd Thurs., 5:30 pm

Downtown Alliance 2nd Tues., noon

Fine Arts Committee (Mayor Appoints) As needed annually

Light and Power Advisory Board (Mayor Appoints) 2nd Wed., 7am

Solid Waste Advisory Board (County Exec.) Appoints) Quarterly

North Park Interlocal Cooperative Quarterly

KARL B. WARD:

CCEMS Board - Ambulance 2nd Tues., 3:30 pm

Library Board (Mayor Appoints) 2nd Tues., 5:30 pm

Zoo Advisory Board As needed

Golf Course Advisory Committee (Mayor Appoints) Monthly, 5:15 pm

Forestry Board (Mayor Appoints) As needed

Audit Committee As needed

Approved: January 3, 2012

**Non-City Committees

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ACTION ITEMS.

PUBLIC HEARING - Budget Adjustment FY 2011-12 appropriating: $9,975 for the

Youth Alcohol Prevention Grant (#62) to assist the police in addressing the problem

of underage drinking; $364,817 to transfer restricted sewer treatment impact fees

from the Water Fund where the fees are collected to the Sewer Treatment Fund

where the funds were used; $63,674 for donations received for the improvement of

the Bridgerland baseball fields; $150,000 for electrical work for UDOT 10th

West

North Section; $21,691 for fund reimbursement to the fire department for training

and standby – Resolution 11-90.

Chairman Quayle opened the meeting to a public hearing.

There was no public comment and the hearing was closed.

ACTION. Motion by Councilmember Daines seconded by Councilmember Olsen to

approve Res. 11-90 as presented. Motion carried unanimously.

PUBLIC HEARING - Consideration of an ordinance amending Sections of the

Logan Land Development Code regarding Definitions, amending Logan Municipal

Code Chapter 17.62 – Ordinance 11-89.



Community Development Senior Planner Russ Holley said that most of the changes are

grammatical changes. New terms are defined in the Electronic Message Display (EMD)

Section of the definitions and at this time the EMD sign ordinance has been put on hold

but the planning commission would like to move the definitions forward independently.

Chairman Quayle said there are 39 definitions of a sign in the document and he asked are

all the definitions needed for the Land Development Code.

Mr. Holley responded because the Land Development Code is over 400 pages we need to

define the terms in the document.

Councilmember Olsen said his comfort level increased when he realized that community

input from Young Electric Sign Company and other businesses were received on what

the recommendations should be.

Mr. Holley added that the sign company and other businesses gave additional definitions

of various signs so he feels they are all needed.

Councilmember Ward asked do we have occasions when a question is asked on the

definition of a sign.

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Mr. Holley responded that yes, there are times when citizens or potential developers ask

what a specific definition means and they also refer to the Illustrated Definition of

Planning and Zoning book.

Mr. Housley added that if the Council wants to enforce these regulations there has to be

definitions and if we don’t have a definition and try to enforce in court we will lose. If we

reduce the number of definitions we have to reduce the number of regulations.

Councilmember Jensen stated this is a reference document and he is not troubled by the

definition count, it also gives the business owner more clarity.

Mr. Holley stated the Planning Commission was unanimous for the Definitions Section

only.

Mayor Watts agreed with Councilmember Jensen and feels that more detail is needed and

it will be helpful to those who reference this information.

Chairman Quayle asked when the EMD directive will come forward to the Council.

Mr. Holley responded the EMD will come to the Council mid January. He said all of the

Flood Hazard Definitions are already in the Logan Municipal Code under Chapter 15.27

and were adopted with Ord. #11-30 so these would be redundant and he suggested taking

all of the Flood Hazard Definitions out with the exception of Flood Hazard Base Flood as

well as Flood Way Channel and the remainder are already defined.

Councilmember Jensen asked have these definitions been compared to other cities and

are we more or less onerous, is it solving problems or making it more complex.

Mr. Holley responded that Logan City is in line with other cities our size.

Mr. Housley said there are no regulations in the Definition Section it only defines terms.

The Council suggested that Mr. Holley prepare a one page document listing the pages

and the suggested changes.

Mr. Holley will prepare a summary of the specific changes mentioned tonight.

ACTION. Motion by Councilmember Olsen seconded by Councilmember Daines to

table Ord. 11-89 as presented with the recommended changes until January 17, 2012.

Motion carried unanimously. This will be an Action Item and there will not be a public

hearing at the January 17 Council meeting.

PUBLIC HEARING - Consideration of a property sale to Cache Valley Transit

District (CVTD) located on the Southwest corner of 500 North 200 East.

Mr. Housley said this is property that Logan City will sell to the Cache Valley Transit

District located on the Southwest corner of 500 North 200 East for the purpose of Transit

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expansion. The sale price will be market value. Logan City will retain the necessary

property for the 500 North 200 East intersection improvements.



Councilmember Jensen asked will this be used for transit parking.

Mr. Housley responded yes, the intended use if for long term parking.

Councilmember Daines asked will this intersection have a traffic light or a round-a-bout.

Public Works Director Mark Nielsen responded the recommendation from the traffic

engineers is the intersection would function better as a round-a-bout. He said the round-a-

bout would take a larger amount of space and if after a public hearing, citizens don’t want

a round-a-bout; there would be enough property to go back to a traffic light.

Councilmember Ward stated when the property was originally purchased at market value

there were homes on the property and now the property is vacant so the value is less.

Mr. Housley said it was originally purchased with transit dollars so the City is not losing

any money from the General Fund. The City is retaining the larger portion of land for the

round-a-bout. No vote is required by the Council on this property purchase but it’s

required that a public hearing be held. There is not a signed agreement at this time but we

are in negotiation with the transit district.

WORKSHOP ITEMS.

Budget Adjustment FY 2011-2012 appropriating: $25,000 for the Distracted Driving

Grant to educate the community on the hazards of driving while distracted; $88,613

Carry Forward of the FY 2011 Liquor Law Money; $105,000 for the River Flood

Project; $165,000 for the reclassification of interfund loans to the North Main RDA

to transfers – Resolution 12-01 – Richard Anderson.

Finance Director Richard Anderson explained each of the proposed budget adjustments.

He said typically most budget changes are grants and reimbursements. The revenue and

expenditures are equal to one another and there is no impact to the fund in question. The

item of $105,000 comes from fund balance and the $165,000 is a technical change and

does not represent a gain or loss but is an accounting technicality. It does not change the

internal ability to collect on a loan. The Liquor Law money is a grant from the State of

Utah and we are appropriating these funds for use to enforce alcohol offenses. The

Distracted Driving money also comes from the State of Utah.

Councilmember Jensen asked for details on the River Flood Project.

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Mr. Nielsen responded the River Flood Project was funded two years ago and is

evaluating the flood problems we have along the Logan and Blacksmith Rivers. We need

to expand the effort and this involves additional river analysis and surveys on what is the

best solution for flooding issues.

This will be an Action Item and public hearing at the January 17, 2012 Council meeting.

Consideration of a resolution by the City of Logan requesting Cache County, Utah,

to implement mandatory emissions testing for all on-road motorized vehicles in

Cache County – Resolution 12-02 – Herm Olsen.

Councilmember Olsen said the State Implementation Plan from the Division of Air

Quality has indicated that because Cache Valley is a non-attainment area we need to take

action and there will have to be countywide solutions. Logan City does not have

jurisdiction to adopt some of the recommendations and is a County problem. One of the

solutions that need to be addressed is emissions testing. We need to strongly urge Cache

County to include this as one of the solutions. There are four other Counties that have

non attainment issues; Utah County, Davis County, Salt Lake County and Weber County

have all adopted an emissions control program. They each have different configurations

and do not have an identical adoption. Each of their programs are very detailed and they

have taken a good look at their problems and have determined what will bring them the

highest efficiencies in terms of a plan. He has talked with Cache County Attorney James

Swink who will look at all the recommendations and will talk with the County officials to

see if we should move toward an emissions testing program. He is open to suggestions

will start gathering data and come up with a solution that makes the most sense for Logan

City and Cache County. A precise program has yet to be determined and the Logan

Council’s process is not to tell the County Council exactly what the final product will be

but just that they act and take positive steps towards making a difference in our air

quality. This will also include other things from the State Implementation Program which

have offered a ―basket of benefits‖ and there are multiple options that the County can

adopt, some of which are beyond our jurisdiction. The purpose of this resolution is to ask

that action be taken after years and years of study and to let the County know that Logan

City wants to move on this issue and we need to adopt some of the things the State is

recommending.

Councilmember Daines asked once the County adopts emissions testing requirements

how long will it take to implement.

Councilmember Olsen responded that he doesn’t know the time frame. The County has

until April to adopt some of the recommendations from the State and we need to look at

where we are going as a County. We have a few years to adopt sufficient

recommendations to satisfy the EPA that we are making headway with this problem.

Councilmember Ward said he talked with Dr. Ed Redd and it was Dr. Redd’s feeling that

if we do something by itself without a comprehensive plan, it can make matters worse.

Dr. Redd’s recommendation is to wait and see what scientists come up with for an overall

plan and recommendation for our area and the geography we live in. There might be

some benefit to emissions testing but its marginal at best particularly as vehicles that are

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older than 1996 leave the roadway because they are worn out and the effectiveness of

emissions testing will become less and less. Doing something like this will make us feel

good but will it really have an impact. Councilmember Ward feels that without having

some solid science behind this he would have a hard time recommending the proposed

resolution with the last paragraph and the wording of ―Now therefore, let it be resolved

that the Logan Municipal Council, State of Utah request of Cache County,

implementation of mandatory motorized on-road vehicle emission testing at the soonest

possible date.‖

Councilmember Olsen said that Dr. Redd does have a good handle on air quality issues

and there are others who have done extensive analysis and they are anxious to come and

present the science. They would say that emissions testing is not the answer and will not

solve our problems but is one of the tools to ultimately address a reduction in the PM 2.5

problems that we have here in Cache Valley. He said there is a diminishing benefit as the

pre 1996 vehicles start to go down in numbers. There are some people who are willing to

disengage the emissions control in their vehicle to get extra horsepower and this is an

ongoing problem of who might be intentionally adding to the air quality problems.

Noting there is an orange warning light in your vehicle shows that the vehicle is not

working efficiently and is part of the problem. He agrees there is a diminishing use and

he does not pretend to have all the answers. At the January 17 public hearing some of the

science issues can be addressed. We might find that it’s not worth the cost and he feels

we need to move forward and take a stand and say the health of our citizens and

community is worth doing something.

Councilmember Daines said we essentially have the science and have quantified the

results. Maybe we need to broaden and move forward as soon as possible, make a

decision and get on with the entire process.

Councilmember Jensen stated that he has asthma and went on medication today as a

result of having difficulty in breathing. He feels there is a benefit when it involves the

health of our children, the elderly and people with breathing issues. We need to look at

this very carefully. He feels we have to do something because it’s the right thing to do

and he supports Councilmember Olsen but does not support the resolution unless it has a

limited age of the vehicle. He feels we can’t delay this any longer and we need to

encourage the County to move forward with a solution.

Councilmember Ward said his concern is this appears to be a ―knee jerk reaction‖ that

will add cost to people and to pass a resolution to say we did something without having

solid science behind it. We need to understand what can be done and what the benefits

are, he feels this is critical and he wants to know this before re we pass a resolution and

we should not do anything until we have more information.

Councilmember Olsen stated that former Councilmember Laraine Swenson brought a

resolution forward seven years ago so he feels this is a slow ―knee jerk reaction‖. He

feels that experts can be brought in to quantify the anticipated benefit of emissions

testing.

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Councilmember Jensen feels we should move forward as an urging. It still needs to be

defined in the County. He has heard Dr. Redd and the experts report on air quality and

after listening to them he feels it’s worth it.

Chairman Quayle stated that the information in the proposed resolution needs to be

updated with current information. He has served on the Clean Air Committee for several

years and emissions testing has been discussed, they are moving closer to saying there is

a definite benefit of emissions testing.

Mayor Watts said he has heard this issue talked about over the last several years and we

are different from other Cities along the Wasatch front because we have a 300 foot

ceiling that locks in the air and other communities don’t deal with this issue. He is

concerned because the City is already doing things to improve vehicles that we purchase.

The City most recently purchased garbage trucks with diesel improvements at an

additional cost of $10,000 dollars. There are a lot of people who are knowledgeable but

they don’t have all the solutions in his view.

Councilmember Olsen said the science is in and green fleet vehicles for municipalities

are one of those ―basket items‖ and these are important improvements that we need to

make. Medically, we know how bad the air can be and now the issue is do we have the

political will to move forward. It will mean more expense but the health of our citizens is

at risk and we need to do all we can here in Logan City and advise the County that we

want them to move forward.

Councilmember Daines suggested that the Council amend the last paragraph of the

resolution to state that we need to ―Adopt the State Implement Plan as soon as possible

including emissions testing.‖ She feels that emissions are just one part of it.

Councilmember Ward stated that Dr. Redd stated that emissions testing might not be part

of the plan from the State.

Councilmember Daines said the Council has also heard from meetings with USU that

because other communities require emissions testing, they are sending older vehicles with

their students here to attend USU because we don’t require emissions testing. We can

work with USU to require emissions testing on these vehicles for the student to receive a

parking permit

This will be an Action Item and public hearing at the January 17, 2012 Council meeting.

Capital Improvement Projects – Mark Nielsen.

Mr. Nielsen addressed the Council regarding Capital Improvement Projects. He would

like the Council to review the projects and ask questions as needed. The list shows the

Council where we are today and begins July 1, 2012. He proposed that he answer any

general questions the Council has at tonight’s meeting and then schedule future meetings

to talk about the projects in detail with each department.

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Councilmember Olsen stated that collectively the administration and Council is

concerned about the substantial unmet infrastructure needs and they see a 6-20 year plan.

He asked Mr. Nielsen if the 6-20 year plan gets to the heart of the unmet infrastructure

needs and are we avoiding a crisis with this plan.

Mr. Nielsen responded the 6-20 years numbers in the report addresses those concerns,

what is not addressed is the back log of projects that we are trying to get through and

keep it going. If we have another economic downturn and expenditures are reduced we

will not achieve that gradual increase and we will get further and further behind. We

have done more in the past 3-4 years on some big projects than we ever have in the past,

we have spent more on streets and this needs to continue.

Mr. Anderson said the reserves are where they need to be. We will continue to increase

the reserves in the electric and water fund. This plan puts forward the most critical needs

we have as a City and we are still working on sustainability. We don’t want to use reserve

funds for capital needs, it will catch us up but the real problem is addressing this on an

annual basis.

Mayor Watts stated that improvements have been made and this will continue. We have

some real needs with our infrastructure that need to be addressed over time.

Mr. Nielsen said that Special Improvement Districts (SID’s) are available to use for water

lines, sidewalk improvements and other things. SID’s can be used at any time to help

people put in infrastructure. The City share the cost with the resident and it’s a matter of

getting people together in the affected neighborhood.

At the January 17 Council meeting, Mr. Nielsen will address the CIP list from the Public

Works Department.

OTHER CONSIDERATIONS.

Community Development Director Mike DeSimone announced that Logan City is

currently in the process of updating the Zoning Map approved in February 2011. The

purpose of this update is to re-address zoning on those properties which were brought

into conformance with the Future Land Use Plan of the General Plan and/or amended by

the Planning Commission and approved by the City Council.

A series of public meetings will be held in January, at locations in the City’s six

neighborhoods. Following is a schedule of the Neighborhood Meetings where zoning will

be discussed.

January 4 – Woodruff Elementary (Little Theater) - 6:30 to 8:00 pm

January 5 – Hillcrest Elementary (Media Center) – 6:30 to 8:00 pm

January 10 – Adams Elementary (Lunchroom) – 6:30 to 8:00 pm

January 11 – Bridger Elementary (Gym) – 6:30 to 8:00 pm

January 19 – Wilson Elementary (Auditorium) – 6:30 to 8:00 pm

January 24 – Ellis Elementary (Library) – 6:30 to 8:00 pm

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ADJOURN.

There being no further business to come before the Council, meeting adjourned at 7:35

p.m.

Teresa Harris, City Recorder

Documents

Logan Municipal Council Logan, Utah January 3, 2012 ... Council/Minutes/2012/Jan3.pdf · Quayle, Vice Chairman Holly Daines, Herm Olsen, Karl B. Ward and Tom Jensen. Administration