Logan Municipal Council Logan, Utah January 3, 2012 ... Council/Minutes/2012/Jan3.pdf · Quayle,...
Transcript of Logan Municipal Council Logan, Utah January 3, 2012 ... Council/Minutes/2012/Jan3.pdf · Quayle,...
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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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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
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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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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Logan Municipal Council ~ Logan, Utah ~ January 3, 2012
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.
Chairman Quayle opened the meeting to a public hearing.
There was no public comment and the hearing was closed.
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.
Chairman Quayle opened the meeting to a public hearing.
There was no public comment and the hearing was closed.
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