Community Council Presentation Minutes.PDF

Ogden City

City Council Meeting Agenda

January 21, 2013 – 6:00 p.m.

City Council Chambers

Municipal Building – Third Floor

2549 Washington Boulevard, Ogden, Utah 84401

1. Roll Call. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Request to be on the Agenda:

a. Community Councils. Presentation by Turner Bitton regarding community councils.

b. Urban Forestry Advisory Committee: i. Presentation of annual report. ii. Proposed Ordinance 2014-3 amending Section 3-23-5 of the Ogden Municipal Code to extend the sunset

provision for the Urban Forestry Advisory Committee to June 30, 2017. (Adopt/not adopt ordinance – roll call vote)

5. Common Consent:

a. Urban Forestry Advisory Committee. Consideration of the reappointments of Brian Hadley, Joy Pashley, Dennis Miller, Daniel Wheelwright, Dean Ellis, Brenda Buckley, Eugene Bozniak and Robert Saunders; and the appointments of Joe Bauman, Ryan Parent and Robert Vanderhoof to the Urban Forestry Advisory Committee. (Approve reappointments/appointments – voice vote)

6. Approval of Minutes: (Voice vote)

a. Minutes of the regular meeting of October 15, 2013 and the study session of December 17, 2013 – Council member Garner

7. Public Hearings:

a. Budget Amendment – Water and Sewer Utility Funds. Proposed Ordinance 2014-2 amending the Fiscal Year 2013-2014 budget in the amount of $10,064,274. (Adopt/not adopt ordinance – roll call vote)

8. Reports from Administration:

a. 17th

and Washington Development Incentive Study. Proposed Resolution 2014-2 scheduling a public hearing to allow public input regarding a draft study for the development of property located at the southwest corner of 17

th Street and Washington Boulevard. (Adopt/not adopt resolution to set public hearing for

February 18, 2014 – roll call vote)

9. New Business:

a. 2014 Legislative Priorities. Proposed Joint Resolution 2014-1 of the Ogden City Mayor and the Ogden City Council adopting Ogden City’s legislative priorities for the 2014 Utah General Legislative Session. (Receive public input; adopt/not joint resolution – roll call vote)

10. Public Comments: This is an opportunity to address the Council regarding your concerns or ideas. Please state your name and address for the record, and limit your comments to three minutes.

11. Comments:

a. Mayor b. Council members

January 21, 2014 Page Two

12. Closed Executive Session. Consideration of adjourning into a Closed Executive Session pursuant to the provisions of Sections 52-4-205(1)(d) and (e) of the Open and Public Meeting Law for the purpose of discussing the purchase, sale, exchange or lease of real property. (Adjourn/not adjourn into closed session – roll call vote)

13. Adjournment.

REMINDERS: A City Council work session will be held in the Council Work Room immediately following the

City Council meeting. The purpose of the work session is to discuss the Capital

Improvements Plan, parking lots in the MRD Zone, and Council business.

~~~~~

In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for these meetings should contact the Management Services Department at 629-8701 (TDD# 629-8949) or by email: [email protected] at least 48 hours in advance of the meeting.

CERTIFICATE OF POSTING

The undersigned, duly appointed City Recorder, does hereby certify that the above notice and/or agenda was posted in three public places within the Ogden City Limits on this 17

th day of January, 2014. These public places being: 1) City Recorder’s Office

on the 2nd floor of the Municipal Building; 2) 2nd floor foyer of the Municipal Building; and 3) the Weber County Library. A copy was posted to the Utah State Public Notice Website and the Ogden City Website, as well as provided to the Standard-Examiner.

TRACY HANSEN, MMC OGDEN CITY RECORDER

Visit the City Council Meetings page at: councilmeetings.ogdencity.com Ogden City Council Agenda Information Line – 801-629-8159

mailto:[email protected]

Ogden City Council Meeting: January 21, 2014 1

REQUEST TO BE ON THE AGENDA - OGDEN RESIDENT TURNER BITTON

COUNCIL STAFF REVIEW

ACTION: None

Background Ogden resident Turner Bitton has requested to make a presentation to the

City Council regarding the establishment of local community councils.

Mr. Bitton will be describing why he feels this initiative is important to the

City and will also present his proposal for a community council in the East

Central Community.

Council Staff Contact: Amy Sue Mabey, (801)629-8629

East Central Community Council

Trolley District Community Council

Mission Statement:

The Trolley District Communty Council will involve citizens to implement the goals set forth in the East Central Community Plan.

The Council will aid Ogden City in identifying local issues, enhancing the quality of life, and promote the individual character of neighborhoods in the area defined in Ogden City’s East Central community plan.

Summary of Needs and Solutions Explanation of Bylaws Provo Salt Lake City Council Actions Administration Actions

Contents:

Needs Assessments:

• Assistance with implementing the East Central community plan.

• Neighborhood crime prevention and reduction.

• Growth of community identity.

• Increased policy development and neighborhood-based solutions.

• Assessment of business needs and wants.

• Greater involvement of Ogdenites. Emphasis on renters, low-income, and Latino residents.

• Dissemination of information to residents of the city.

Needs

• As a separate organization, we provide a mechanism to solve local issues without the need for city staff.

• Community councils can spearhead the growth and development of community/park watch programs.

• A community council can focus on building neighborhood culture and identity.

• Community councils can conduct targeted surveys and fact-finding missions for the council/administration.

• Having community-based meetings can and will attrach residents who might be hard to reach through traditional meetings.

Solutions

Explanation of Bylaws

BYLAWS:

• Organized as a separate non-profit organization that is recognized as an official community council of Ogden City.

• Ten (10) members will serve on each council, are elected via a certification process. Four (4) represent districts within the boundaries established in the community planning maps, will represent areas that are equal in population. Two (2) will represent businesses within the area. Two (2) members will represent Ogden School District and Ogden City. The final two (2) will certify through the regular process and be appointed by the Executive Board.

• Each council will elect a Chair, Vice-Chair, Secretary, and Treasurer from among the members of the council.

• Will have eleven (11) regular monthly meetings and one (1) annual meeting. At the annual meeting, elections will occur.

• Must adopt a comprehensive non-discrimination policy, adhere to open meetings requirements, and will assist the council and administration in implementing goals.

Strengths: • Organized under a neighborhood program that

provides for the dissemination of information,

organization of events, and coordination between the

city and councils.

• Each neighborhood has a chair that belongs to the

Neighborhood Advisory Board. This board filters

suggestions into cohesive, organized material for the

City Council to act upon.

• The City Council executive director or Neighborhood

Program Coordinator are the dedicated staff people

to assist with the development and organization of

community councils.

• Neighborhood Advisory Committee meeting is

required to meeting once a month.

• Provides recommendations on all development

projects to the City Council.

• Less formal to provide for more of a grassroots feel to

the councils.

Weaknesses:

• Less formal to provide for more of a

grassroots feel to the councils.

• The less formal format means that they tend

to be less organized and ready to tackle

complex issues.

• Unable to get grants individually because

they are not a separate organization apart

from the city.

Provo

Strengths:

• Required to have an open participation policy, non-

discrimination policy.

• Required to hold at least one meeting per year. .

• Registration process is defined and a hard deadline

of January 31st is established.

• City provides notices of; a. city code changes, b.

zoning map changes, c. conditional use permits, d.

planned development, e. alley vacation, f. master

plan or policy changes or adoptions, g. demolitions,

h. new construction, i. major upgrades, j. major street

changes, to each of the chairs of the community

councils. The councils then have 45 days to provide

written comments.

• The city mails out information on all of the councils

once a year to every resident of the city.

Weaknesses:

• Not an official organization of the city.

• Very formal, required to be a non-profit

organization.

• Loses the grassroots feel that might exist in

a more ad hoc organization.

Salt Lake City

What can the council and administration do to help?

Neighborhood Advisory Committee

The council and administration should create a Neighborhood Advisory Committee for community council chairs to serve on. A monthly meeting with Councilmembers, the Mayor, and Council Chairs would provide a mechanism for clear and honest communication.

Transparency Requirements

An ordinance requiring each council to provide minutes of meetings, agendas, and public notices for each of their meetings should be drafted.

Staff

In order to operate with greatest potential a staff person to serve as the ‘registrar of community organizations’ will be needed. Their office should be listed as the office of the councils so they can receive correspondence.

Website/Publication

The City’s website should provide space to the Community Councils. Either having a portion of the website for each council to post on or having links to separate websites for each of the councils.

Action Items for the Council and Administration:

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

Turner:

File paperwork with the state to form the organization.

Turner:

Identify people willing to participate.

Turner:

Hold first meeting and begin organizing the council.

Turner:

Meet with planning commission for a recommendation.

Turner:

Present a follow up report to the council and administration

Turner:

Wait for official approval.

Council:

Begin the study process.

Council:

Present findings and hold a public meeting.

Council:

Finish step 2

Council:

Finish step 2

Council:

Receive presentation from Turner.

Council:

Pass ordinance recognizing councils.

Adminstration:

Identify staff willing to participate.

Administration:

Begin the process of staff assignment.

Administration:

Finish Step 2

Administration:

Finish step 2

Administration:

Receive presentation from Turner.

Administration:

Approve ordinance recognizing councils.

Moving Forward

Thank you very much!


SUNSET REVIEW OF THE URBAN FORESTRY ADVISORY COMMITTEE COUNCIL STAFF REVIEW ACTION: - Receive Sunset report from Committee

- Adopt or not adopt the ordinance to extend the sunset provision for the Urban Forestry Advisory Committee

Background: Sunset Provision

City advisory committees have sunset provisions in their enabling ordinances which terminate their existence on a certain date, unless re-authorized by the City Council. The Council Orientation Notebook describes the rationale as follows:

Sunset Provisions Purpose. A formal sunset provision exists for all committees (not boards and Commissions which have regulatory responsibilities). Sunset provisions are a good way to review the needs or continuing effectiveness of advisory bodies. The sunset provisions are applied across-the-board rather than approaching it on a case-by-case basis, in order to avoid the impression that a sunset provision was adopted because the City currently questions the viability of any particular advisory body.

The Urban Forestry Advisory Committee sunset on June 30, 2012. If extended, the new sunset date for the committee would be extended three years to June 30, 2017. Council Staff has contacted Public Ways and Parks Manager to invite the Committee to this meeting to report to the Council the highlights and activities over the last three years and to outline the program for the committee for the next three years. Committee Chair Brian Hadley will make the presentation. A written report from the committee has been attached for the Council’s review. The Administration is recommending the committee be extended for another three years. There are no other specific recommendations indicated in the report. Also attached is a committee description and roster for the Council’s reference. Comments from the Committee Council staff has called individual committee members to interview them concerning their perceptions of how the committee is doing and what, if any, changes need to be made in the future. We were able to make contact and receive


input from five of the eleven members. A list of questions asked and a summary of comments received are listed below. How are things going with the committee?

All members surveyed are very pleased with how things are going.

Do you have any suggestions for making the committee better?

• Suggestions were made of acquiring new members who are younger because some of the work is straining.

• Urban Forester seems understaffed – more staff support would be great.

What can the city do to help the committee? Most agreed that there is a lot of support from the city and they hope the city

maintains an interest in the committee. Recognize that Urban Forests are important. City crews need to be careful

about mowing around trees. Trees are being damaged and destroyed.

How do you feel the staff support has been?

Staff support is great. The committee feels the staff is qualified, knowledgeable and passionate about the committee.

Simone and Monty were mentioned and they are great to work with.

What do you see the committee accomplishing in the next three years?

More Arbor Day Events Making arrangements with the Parks Department to take better care of trees,

especially in regards to the yard crew – they have been damaging trees. Stepping up education campaign on trees by providing brochures and being

more visible on the City’s website.

Any other comments you wish to offer? Comment about the committee growing and becoming more prominent in the

city. Memos prepared by – Administrative Staff: Perry Huffaker, (801) 629-8420 Council Staff: Mavis Hawley, (801) 629-8166

City of OgdenUrban Forestry Advisory Committee

Nominated ByTerm ExpiresDecember 19

Weber State University

Brian Hadley3640 Jefferson AvenueAssumed Office: 08/26/2008Last Appointment: 10/27/2009

Chair[H] 801-621-3957

2012

At-Large * Robert Belka1380 E. 4225 S.Ogden, Utah 84403Assumed Office: 02/02/2010Last Appointment: 02/02/2010

[H] 801-627-3279 2013

At-Large Daniel M. Wheelwright3206 Liberty AvenueOgden, UT 84403Assumed Office: 08/26/2008Last Appointment: 10/27/2009

[H] 801-621-5560 2012

At-Large Joy Pashley1352 Country Hills DriveOgden, UT 84403Assumed Office: 03/20/2007Last Appointment: 10/27/2009

[H] 801-621-7424 2012

At-Large Dean Ellis906 Canyon RoadOgden, UT 84404Assumed Office: 08/26/2008Last Appointment: 10/27/2009

[H] 801-336-6116 2012

At-Large Dennis Miller726 Taylor AvenueOgden, UT 84404Assumed Office: 03/20/2007Last Appointment: 10/27/2009

[H] 801-392-3020[C] 801-392-2860

2012

At-Large Brenda Buckley972 27th StreetOgden, UT 84403Assumed Office: 08/26/2008Last Appointment: 10/27/2009

[H] 801-389-8377 2012

Weber State University

Eugene Bozniak5148 Pierce AvenueOgden, UT 84403Assumed Office: 11/25/2003Last Appointment: 06/09/2009

Vice Chair[H] 801-479-8558

2010

At-Large Sharon Pearson1965 Buchanan Ogden, UT 84401Assumed Office: 11/25/2003Last Appointment: 06/09/2009

[H] 801-393-5737 2011

* Revised 02/03/2010 I.22.001

City of OgdenUrban Forestry Advisory Committee

Nominated ByTerm ExpiresDecember 19

At-Large Robert Saunders2715 Brinker AvenueOgden, UT 84403Assumed Office: 11/25/2003Last Appointment: 06/09/2009

[B] 801-710-2321[H] 801-392-0823

2011

At-Large Patrick J. Sheehan776 East 1500 NorthOgden, UT 84404Assumed Office: 10/13/2008Last Appointment: 10/27/2009

[H] 801-778-6859 2012

Urban Forester Monte StewartPublic Ways and Parks1875 Monroe BlvdOgden, Utah 84401

Assumed Office: 05/16/2008

[B] 801-629-8231

Jay LowderPublic Ways & Parks133 West 29th StreetOgden, UT 84401

Contact[B] 801-629-8271

Sunset: 06/30/2012

* Revised 02/03/2010 I.22.002


FY2014 BUDGET AMENDMENT ($10,064,274)

- Recognizing and Appropriating $1,356,249 of Bond Interest and $650,00 of Retained Earnings in the Water Utility Fund

- Recognizing and Appropriate $202,658 of Bond Interest, $3,354,842 of Retained Earnings, and $4,500,525 of Bond Proceeds in the Sewer Utility Fund

DETERMINATION: Adopt or Not Adopt Ordinance Executive Summary The City Council will consider an Ordinance adopting a FY2014 Budget

Amendment that recognizes and appropriates bond interest and retained earnings in the Water Utility Fund. The Amendment also recognizes and appropriates bond interest, retained earnings, and bond proceeds in the Sewer Utility Fund. Funding will be used for capital improvement projects outlined in the Capital Improvement Plan, bond issuance costs, and debt service.

Background During the fiscal year, the Council entertains requests for budget

adjustments to allow for the following:

1. Entering grant or other special purpose revenues into the budget prior to expenditure.

2. Making mid-course corrections to avoid budget overruns. 3. Forwarding encumbrances from the previous fiscal year. 4. Other items dealing with special circumstances or opportunities.

The Uniform Fiscal Procedures Act for Utah Cities requires that a public hearing be held on all budget adjustments where the budget of one or more funds is increased. (Utah Code Ann. §10-6-127.) Notice of the public hearing must be given seven (7) days prior to the hearing. (Utah Code Ann. §10-6-113.)


May 20, 2008 The City Council adopted Resolution 2008-13 finalizing terms and

conditions for the issuance of $49 M in Sewer and Water Revenue Bonds. Bond proceeds would fund capital improvement projects in the Water Utility and Sewer Utility.

2008-2013 City administrative staff worked diligently with outside contractors to

design and construct as many projects outlined in the City’s Capital Improvement Plan as possible. General economic factors that affected interest rates and construction costs made it possible to complete several projects that were not initially identified for completion.

As the bond funds were being drawn down to cover construction costs,

unused funds were also acquiring interest. July 30, 2013 The City Council adopted a Bond Parameters Resolution 2013-20

authorizing the issuance of Storm Sewer Revenue Bonds for the Harrison Boulevard project. The Bond Parameters Resolution set the parameters for funding the 2013 Series Bonds. Ultimately, bonds were issued in the amount of approximately $4.5 M.

November 19, 2013 The City Council office received a Transmittal requesting authorization to

amend the FY2014 Budget to recognize and appropriate $1,345,249 of bond interest to the Water Utility Fund and recognize and appropriate $202,658 of bond interest, $3,354,852 of retained earnings, and $4,500,525 of bond proceeds to the Sewer Utility Fund for use on capital improvement projects.

December 23, 2013 An updated Transmittal was received in the City Council office. The

revised Transmittal included an additional recommendation to recognize and appropriate $650,000 of retained earnings in the Water Utility Fund.


January 14, 2014 The Council set a public hearing on proposed Ordinance 2014-2 for

January 21, 2014. Proposal The Administration is requesting that the Council adopt an ordinance

recognizing and appropriating $1,356,249 of bond interest and $650,000 of retained earnings in the Water Utility Fund (Total - $2,006,249) and $202,658 of bond interest, $3,354,842 of retained earnings, and $4,500,525 of bond proceeds to the Sewer Utility Fund (Total - $8,058,035). Funds will be used to fund projects from the Capital Improvement Plan, bond issuance costs and debt service.

Water Utility Projects WU094 - Water Main Replacement Projects ($2,006,249) ($650,000 for Water Main in conjunction with SU094 Harrison

Storm Sewer) Sewer Utility Projects

• Storm Sewer Improvements ($6,389,300) o SU041 33rd and Pacific (St. Anne’s/Lantern House)

Detention o SU089 Storm Drain Inlet Replacement o SU094 Harrison Storm Sewer

• Debt Service ($336,542) • Bond Issuance Costs ($74,160) • Sanitary Sewer Projects ($1,258,023)

o SA001 Slip Lining o SA005 Pipe Upsizing – 675 E to Washington between 13th

and 14th Streets. o SA006 Slip Lining at Pennsylvania Ave and 3050 South

Questions Please review the proposed budget amendment. Council Staff Contact: Janene Eller-Smith, (801)629-8165

janenee

Typewritten Text

janenee

Typewritten Text

2014-2

janenee

Typewritten Text


17TH AND WASHINGTON DEVELOPMENT INCENTIVE STUDY - A Study and Analysis Demonstrating the Purpose for Appropriation to be

made to the B&N Properties, LLC DETERMINATION: Set Public Hearing on 17th and Washington

Development Incentive Study for February 18, 2014 Executive Summary The Council will set a public hearing on the 17th and Washington

Development Incentive Study (Study) for February 18, 2014. The Administration is proposing the City enter into a Participation and Reimbursement Agreement with B&N Properties, LLC for development of the southwest corner of 17th and Washington. A Study has been completed to show the tangible and intangible benefits to the City if the Agreement is approved. Under the terms of the Agreement the City would appropriate $100,000 over a five year period to facilitate development of the project.

Background Utah Code §52-4-205 outlines the purposes for which a meeting of a

public body may be closed: • Discussion of the character, professional competence, or physical

or mental health of an individual • Strategy sessions to discuss collective bargaining (employee

negotiations) • Strategy sessions to discuss pending or reasonably imminent

litigation • Strategy sessions to discuss the purchase, exchange, or lease of real

property. Utah Code Ann. § 10-8-2 Section 10-8-2 of the Utah State Code outlines the requirements for

appropriating funds for a “corporate purpose.” Essentially, this statute allows the City Council to appropriate funds for any project or organization as long as the Council determines the funding will promote


the “safety, health, prosperity, moral well-being, peace, order, comfort, or convenience” of Ogden citizens. The process requires the following:

• A determination of the value received—intangible benefits can be

considered • A study showing the benefits and purpose of the appropriation and

how the City’s goals and objectives will be met by the appropriation

• A public hearing on the study

The statute indicates that this process must be followed only if the funds are not appropriated during the annual budget process.

September 26, 2012

The Council held a work session to discuss the Administration’s proposal for the City to enter into a Participation and Reimbursement Agreement with Wright Development Group, LLC for development of a 7-11 on property located between Parry and 17th Street on the west side of Washington Blvd.--the site of the former Pepsi Bottling warehouse. During the discussion, Council members requested that a policy be established to ensure that any similar future proposals would be handled consistently. Council staff agreed to work with the Administration to develop this process. Council members also express concern about the delinquent taxes owing on the property and requested information regarding how the delinquency would be handled with the property transaction. The Administration agreed to research this matter.

October 16, 2012 The City Council approved Resolution 2012-23 establishing criteria for

making donations of City funds. The City Council also approved Resolution 2012-24 adopting the Study

and authorizing the Mayor to enter into a Participation and Reimbursement Agreement with Wright Development Group, LLC (the Developer). Under the terms of the Agreement the City would provide financial assistance in the amount of $100,000 over five years--$20,000 a year--to cover demolition of the existing buildings.


December 17, 2013 The Council Office received a Transmittal requesting approval of an

Incentive Study and authorization for a Participation and Reimbursement Agreement with B&N Properties, LLC, for development of the former Pepsi Bottling warehouse. Wright Development, LLC has abandoned the 7-11 project and the owner of the property, B&N Properties, LLC represented by Matt Peterson, has requested the same agreement to assist in demolition of the existing structures.

Proposal The Administration is requesting the Council adopt the 17th and Washington Development Incentive Study and authorize the Mayor to enter into a Participation and Reimbursement Agreement with B&N Properties, LLC for development of property located between Parry and 17th Street on the west side of Washington Blvd.--the site of the former Pepsi Bottling warehouse. (The prior Agreement with Wright Development Group, LLC expired on October 31, 2013 when the Developer failed to meet the substantial completion requirement.) The key terms of the proposed Agreement are as follows:

Developer:

• B & N Properties, LLC, Matt Peterson as Representative Property:

• 2.26 Acres on the Southwest Corner of 17th and Washington • Parcel # 03-17-0060, 03-017-0058, 03-017-0041 03-017-0040,

03-017-0039, 03-017-0042

Reimbursement Terms: • $100,000 Total • $20,000 a year beginning in FY2017 • Payment due April 30 of each year beginning “the first year after

the Weber County Assessor’s office has recognized . . . the Developer’s improvements”

• Reimbursement period for tax years 2017-2021


Conditions of First Payment: • Substantially completion of Construction by October 31, 2016

(Agreement automatically terminates if deadline not met) • Issuance of Certificate of Occupancy by December 31, 2016 • Issuance of Certificate of Completion • Evidence that project is free of liens • Evidence that no material change in financial position has occurred • Not in default under terms of Agreement

Conditions of Each Annual Payment

• Proof of payment of property taxes

Other Key terms: • City may prepay all or any portion of the Reimbursement amount • Developer may not sell property or transfer Agreement during the

term of the Agreement Developer Improvements

• Demolition of all existing buildings along Washington Blvd between Parry Street and 17th Street

• Construction of a commercial building (core & shell) for future Retail Tenant:

o 3,000-4,000 sf footprint o Associated parking lot, curb./gutter, landscaping, utilities o Tenant must show documented evidence of prior three (3)

year sales revenue that exceed $1.4 million per year.

All Developer Improvements are subject to the review and approval of the Ogden City Planning and Engineering Departments, the Ogden City Building Official and the Ogden City Planning Commission.

CS Note: Under the terms of the Agreement with Wright Development,

LLC, Wright had indicated that a 7-11 would be constructed on the site and provided elevations of the project. Under this Agreement, no tenant or specific project has been identified.


Study and Analysis Justifying Appropriation The Community and Economic Development have prepared a document titled “17th and Washington Development Incentive Study.” This document was prepared to satisfy the requirements of Utah Code Ann. § 10-8-2 and the Council’s established criteria under Resolution 2012-23. It sets forth the City’s purpose for funding the $100,000 reimbursement, outlines the benefits to the City, and shows how the project will further the City’s goals and objectives. Benefits to the City:

• Creation of a retail/commercial zone that supports the downtown • Strengthening of the City’s economic and tax base • Removal of blight • Increased sales tax • Increased property values and property tax • Generation of B & C Road funds, business license fees, and

charges for services utilities fees, etc. • Increased employment opportunities • Economic diversification within the City and Weber County • New employees to live, shop and pay taxes in the City and region • Additional construction jobs • Will serve as a catalyst for additional development

The document also outlines the budget for the project which shows that actual revenues to the City over the five year reimbursement period will be $100,000.

Timing of Appropriation The first Reimbursement payment will not be paid to the Developer until

April 2017 or the tax year after the improvements have been valued by Weber County. Therefore, the appropriation for the project will be handled in a future annual budget process.

Questions 1. Please review the 17th and Washington Development Incentive Study.

2. Please describe the proposed Participation and Reimbursement Agreement with B & N Properties, LLC.


3. Please describe the justification for proposing a City contribution to

this project.

Council Staff Contact: Janene Eller-Smith, (801)629-8165

RESOLUTION NO. 2014-2 A RESOLUTION OF THE OGDEN CITY COUNCIL SCHEDULING A PUBLIC HEARING TO ALLOW PUBLIC INPUT REGARDING A DRAFT STUDY FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 17th STREET AND WASHINGTON BLVD, OGDEN, UTAH, ALTOGETHER CONSISTING OF APPROXIMATELY 2.26 ACRES AND KNOWN AS LOTS 03-017-0060, 03-017-0058, 03-017-0041, 03-017-0040, 03-017-0039, 03-017-0042 ON ASSESSOR’S BLOCK 7 PLAT A.

WHEREAS, B & N Properties, LLC, a Utah Limited Liability Company (“Developer”), is the current owner of certain real property consisting of approximately 2.26 acres located at the corner of 17th Street and Washington Boulevard, Ogden, Weber County, Utah 84401 (the “Land“) and desires to construct upon the Land commercial/retail use buildings together with surface parking and certain other related improvements (collectively the “Project”); and WHEREAS, Ogden City (“City”) desires to enter into a Participation and Reimbursement Agreement (“Agreement”) with Developer to set the terms and conditions of the development of the Project consistent with approved zoning and ordinances; and WHEREAS, the Developer desires certain incentives from the City to assist with the financial gap that exists with developing the Project (the “Appropriation”); and WHEREAS, the City believes the development of the Project on the Land will remove blight, improve quality of life, enhance economic development, strengthen the property and sales tax base, benefit the community and create jobs; and WHEREAS, the City believes Developer possesses the qualities and experience that will enable it to be successful in developing the Project according to the desires of the City; and WHEREAS, Pursuant to Utah State Code Title 10, Chapter 8, Section 2 (the “Code”) and prior to entering into any agreement with the Developer, the City has prepared a draft study analyzing the purpose of the Appropriation and the proposed benefits to the public (“17th Street and Washington Boulevard – Development Incentive Study” or “Study”) and desires to hold a public hearing and allow public input regarding the Study; and WHEREAS, Pursuant to the Code, the Study will be made available in the City Recorder’s Office, Ogden City Municipal Building, 2549 Washington Boulevard, 2nd Floor, Ogden, Utah for review by interested parties prior to the public hearing.

NOW, THEREFORE, the Ogden City Council hereby resolves that a public hearing be scheduled for Tuesday, February 18th, 2014 at 6:00 p.m. in the City Council Chambers, Municipal Building, 2549 Washington Boulevard, 3rd Floor, Ogden, Utah, at which time and place all public input regarding the draft 17th Street and Washington Boulevard Study will be considered. APPROVED AND ADOPTED this ______ day of __________, 2014. ______________________________ CHAIR ATTEST: ____________________________________________ CITY RECORDER APPROVED AS TO FORM: BF 01-16-14 LEGAL DATE


2014 LEGISLATIVE PRIORITIES COUNCIL STAFF REVIEW DETERMINATION: Adopt or not adopt the joint resolution Background Each year the City prepares for the upcoming Utah State legislative

session by determining their legislative priorities. The 2014 session begins on January 27, 2014. The City legislative priorities are consolidated into a joint resolution which communicates that both the Council and Mayor are in agreement regarding the priorities.

The City is very interested in the policy challenges facing our Nation, the

State of Utah, and other local governments. To this end the City has partnerships with our U.S. legislative delegation, the Weber County legislative delegation, other members of the State Legislature and the Executive Branch, the National League of Cities, the Utah League of Cities and Towns, and the Ogden-Weber Chamber of Commerce.

The City’s legislative positions are communicated to Legislators, the

Governor, Lobbyists, and our Citizens. When possible the City desires to support the legislative positions of the

Utah League of Cities and Towns through their legislative policy committee and the Ogden-Weber Chamber of Commerce through their legislative committee.

January 9, 2014 A work session was held to discuss the proposed 2014 Legislative

Priorities. Feedback was given to include a statement regarding “Electronic Cigarettes” and “Air Quality.”

Proposal It is proposed that the City Council adopt the joint resolution relating to

the 2014 Legislative Priorities.

JOINT RESOLUTION NO. 2014-1

A JOINT RESOLUTION OF THE OGDEN CITY MAYOR AND THE OGDEN CITY COUNCIL ADOPTING OGDEN CITY’S LEGISLATIVE PRIORITIES FOR THE 2014 UTAH GENERAL LEGISLATIVE SESSION, AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING AND FINAL PASSAGE. WHEREAS the City Council and Mayor are looking forward to the general session of the Utah State Legislature that begins on January 27, 2014, and WHEREAS the City Council and Mayor remain very interested in the policy challenges facing our Nation, our State, our City, and other local governments, and WHEREAS the City appreciates the partnership that has been developed over the years with our Weber County legislative delegation, other members of the State Legislature and the Executive Branch, the Utah League of Cities and Towns, and with the Ogden-Weber Chamber of Commerce, and WHEREAS the City Council and the Mayor have determined that it is desirable to jointly adopt the City’s Utah State Legislative Priorities to ensure that a consistent position is communicated to Legislators, the Governor, Lobbyists and our Citizens, and WHEREAS the City desires to support, when possible, the legislative positions officially adopted by the Utah League of Cities and Towns through their legislative policy committee and the Ogden-Weber Chamber of Commerce through their legislative committee. The Ogden City Council and Mayor hereby resolve:

Section 1: 2014 Legislative Position Statements. The following position statements are jointly adopted:

1. Transportation Funding. Ogden City supports the Statewide Unified Transportation Plan which identifies state and local road capacity and transit capacity that will be needed, along with active transportation options. This plan also identifies the need to maintain and operate Utah’s transportation system. Funding sources for transit and active transportation should also be identified and secured including additional opportunities for transit to be funded using traditional sources. We support the following transportation projects in the Ogden area: expansion of express/HOV lanes on I-15 from 31st Street in Ogden to Beck Street in Salt Lake City, development of the 24th Street Interchange, and the Ogden Transit System project.

2. Preservation of Local Government Fee Authority. Ogden City supports the Utah League of Cities and Towns (ULCT) position that authority over local fees should be maintained with local government, that state mandates should be financed by state funds and not by utilizing the local government fee structure or authority, and opposition of the use of local government fee structures or local government revenues to cover the cost of unfunded federal or state mandates.

3. Payday Lending. Ogden City supports the ULCT position that laws need to be enacted

that require legal actions by lenders against borrowers with payday loans be taken only at the appropriate court nearest to the borrowers’ legal addresses and to require the lenders to report to the State of Utah all information necessary to determine for each individual borrower the dates and amounts of loans taken and payments received, and that the State of Utah establish and maintain a confidential data base containing that information.

4. Economic Development and Sales Tax. Ogden City supports the ULCT petition to formulate a strategy to create long-term sustainability in local government financial tools and memorialize what may be a multi-year effort.

5. Electronic Cigarettes. Ogden City supports amendments to the state code to ensure that

electronic cigarettes and the liquid produced for and used in electronic cigarettes are treated and regulated in the same manner as tobacco products. The Weber-Morgan Health Department reports that Weber and Morgan Counties are experiencing e-cigarette experimentation and usage among youth at a higher rate than any other area in the state and which are the highest currently reported in the nation. The Weber-Morgan Health Department also has expressed a belief that the current definition and regulation of e-cigarettes leaves potential gaps in the law that make it difficult for both law enforcement and the health department to take action to prevent the introduction of nicotine to the area’s youth from the liquid used in e-cigarettes.

6. Air Quality. Ogden City supports efforts to improve our air quality. Our poor air quality is impacting the health of our citizens and the desirability of our state for tourism and business opportunities. Improving the air quality in the airshed along the Wasatch Front will require both public and private actions. We are encouraged by the formation of Governor Herbert’s Clear Air Action Team, the Utah Clear Air Partnership, and the Legislature’s Economic Development Task Force all of whom are addressing the air quality issue. We look forward to hearing the recommendations from these groups. As a City we intend to do our part. In conjunction with our “community wellness” initiative and the Weber-Morgan Health Department’s “Be Air Aware” campaign we will evaluate the options and take appropriate actions.

7. Public Education and Higher Education. Ogden City supports developing strategies for educational outcome improvement and funding needs, and supporting Prosperity 2020. We support additional funding as it relates to an increase in the WPU (weighted pupil unit.) We support best practices in educational leadership and the principles toward a more student centric environment.

8. Healthcare. Ogden City supports maintaining Utah’s healthcare standards for quality,

accessibility and cost effectiveness while integrating federal healthcare policies. We support and encourage funding for the implementation of wellness and preventative care programs that encourage healthy lifestyles.

9. State Capital Facilities Funding. Ogden City supports State capital facilities funding

for the Weber State University Science building, the Ogden-Weber Applied Technology College renovation at the Business Depot Ogden campus, and the Ogden-Weber Youth Detention Center.

10. Utah Procurement Team. Ogden City supports State funding for the Utah Procurement

Team to support Utah businesses and create jobs.

11. Tourism Marketing and Development. Ogden City supports ongoing State funding for tourism marketing and development.

12. Water Development Project. Ogden City supports proactive legislation to protect our

water supply for future growth.

13. Restaurant Tax. Ogden City supports keeping the restaurant tax to fund statewide community facilities.

Section 2: Effective Date. This joint resolution shall become effective immediately after

posting and final passage. PASSED AND ADOPTED by the Ogden City Council and Mayor Caldwell this ___ day of January, 2014.

_______________________________ Richard Hyer

Council Chair _______________________________

Michael P. Caldwell Mayor

ATTEST: __________________________________ Tracy Hansen, City Recorder POSTING DATE: ________________ EFFECTIVE DATE: ________________ APPROVED AS TO FORM: ________________ LEGAL DATE

Documents

Community Council Presentation Minutes.PDF