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CLEARFIELD CITY COUNCIL AGENDA AND SUMMARY REPORT August 13, 2024 - POLICY SESSION Meetings of the City Council of Clearfield City may be conducted via electronic means pursuant to Utah Code Ann. § 52-4-207 as amended. In such circumstances, contact will be established and maintained via electronic means and the meetings will be conducted pursuant to the Electronic Meetings Policy established by the City Council for electronic meetings. 55 South State Street Third Floor Clearfield, Utah 7:15 P.M. POLICY SESSION CALL TO ORDER: Mayor Shepherd APPROVAL OF MINUTES: June 18, 2024 – Work Session June 25, 2024 – Work Session June 25, 2024 – Policy Session July 9. 2024 – Work Session July 9, 2024 – Policy Session July 30, 2024 – Work Session PUBLIC HEARINGS: 1. PUBLIC HEARING FOR AN AMENDMENT TO THE LAKESIDE APARTMENTS DEVELOPMENT AGREEMENT (DA) TO CLARIFY THE PERMITTED SUCCESSORS AND ASSIGNS FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT APPROXIMATELY 325-375 SOUTH STATE STREET (TIN: 12-003- 0283) BACKGROUND: The applicant, Chuck Cowley, plans to construct a mixed-use project with three (3), six story, mixed use buildings on the north side of a new private street named Waterfront Way. This development will include 296 residential units and approximately 27K square feet of commercial/retail space. The development agreement for this project was executed in February of 2023, and was preceded by the site plan review that was granted approval on December 21, 2022, with conditions. The development team has been finalizing plans to submit for and obtain final land use approval. They are also preparing final plans for permit submission. During this preparation the developer discovered an issue that was missed when adopting the DA. This oversight applies to how successors or assigns were provided for in the event the need should arise. The developer is requesting an amendment to the executed DA to address this issue and provide the needed clarity for their team. No other sections, except · 55 South State Street, Clearfield, UT 84015· (801) 525-2701· clearfield.city· 1  those shown in the DA amendment and listed below will be impacted as a product of this request. RECOMMENDATION: Receive public comment. 2. PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE PROPOSED FISCAL YEAR 2025 INTER-FUND TRANSFERS BACKGROUND: Staff is requesting a transfer of monies from several Enterprise Funds into the City’s General Fund for the cost of providing services necessary for each individual fund to operate, and the transfer of resources from the Water Fund to the City’s General Fund. Pursuant to Utah Code Ann. § 10-5-107 and § 10-6-135, the City will hold a public hearing to receive public comment on the transfers. RECOMMENDATION: Receive public comment. 3. PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE FINAL BUDGET FOR CLEARFIELD CITY FOR FISCAL YEAR 2025, BEGINNING JULY 1, 2024 AND ENDING JUNE 30, 2025 BACKGROUND: Before each budget year begins, local governments are to adopt a budget. Major funds include (a) the general fund, (b) special revenue funds, (c) debt service funds, (d) capital project funds, (e) proprietary funds, and any other fund or funds deemed significant. The budget for each fund shall contain estimates of all anticipated revenues and all appropriations for expenditures. With Truth in Taxation, the final budget needs approval before September 1. RECOMMENDATION: Receive public comment. SCHEDULED ITEMS: 4. OPEN COMMENT PERIOD The Open Comment Period provides an opportunity to address the Mayor and City Council regarding concerns or ideas on any topic. To be considerate of everyone at this meeting, public comment will be limited to three minutes per person. Participants are to state their names for the record. Comments, which cannot be made within these limits, should be submitted in writing to the City Recorder at nancy.dean@clearfieldcity.org. The Mayor and City Council encourage civil discourse for everyone who participates in the meeting. 5. CONSIDER APPROVAL OF RESOLUTION 2024R-16 PROVIDING NOTICE OF THE CITY’S INTENT TO OBTAIN A LOAN FROM THE STATE INFRASTRUCTURE BANK FOR WATER AND SEWER PROJECTS BACKGROUND: In 2021, the City completed a Utility Rate Study that projected future costs and outlined the necessary revenues to cover those costs. However, all costs have since risen beyond the study's projections. The most significant increases have been in the cost of large projects essential for system maintenance. Additionally, Weber Basin Water has raised their water charges to the City, and these rates are expected to continue rising for at least the next three years, exceeding our original utility rate study projections and affecting the City’s ability to complete necessary infrastructure projects. This resolution will initiate the process to borrow · 55 South State Street, Clearfield, UT 84015· (801) 525-2701· clearfield.city· 2  from the State Infrastructure Loan (SIB). The parameters are broad to cover various possibilities, which is why the amount, term, and interest rate might appear higher than previously discussed and are listed as "not to exceed" amounts. These parameters represent a "worst-case scenario." We plan to borrow approximately $9.5 million with an anticipated interest rate of 3.59% over a 15-year term. RECOMMENDATION: Approve Resolution 2024R-16 providing notice of the City’s intent to obtains a loan from the State Infrastructure Bank for water and sewer projects and authorize the mayor’s signature to any necessary documents. 6. CONSIDER APPROVAL OF ORDINANCE 2024-14 AMENDING THE LAKESIDE APARTMENTS DEVELOPMENT AGREEMENT (DA) WITH LAKESIDE DEVELOPMENT PARTNERS LLC FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT APPROXIMATELY 325-375 SOUTH STATE STREET (TIN: 12-003-0283) RECOMMENDATION: Approve Ordinance 2024 -14 approving an amendment to the Development Agreement with Lakeside Development Partners, LLC for the Lakeside Square Development located at approximately 325-375 South State Street (TIN: 12-003-0283) and authorize the mayor’s signature to any necessary documents. 7. CONSIDER RATIFICATION OF THE NEW NATIONAL OPIOID SETTLEMENT WITH KROGER CO. (SMITH’S GROCERY IN UTAH) BACKGROUND: The City previously joined a national opioid settlement with all 50 states, Washington D.C., and five U.S. territories as part of a $26 billion dollar settlement agreement with the nation’s three major pharmaceutical distributors — Cardinal, McKesson and AmerisourceBergen — along with Johnson & Johnson, which manufactured and marketed opioids ($271 million was earmarked for the state of Utah). This New National Opioid Settlement with Kroger Co. will pay up to $1.4 billion over 11 years nationally, with up to $1.2 billion for state and local governments where it operates and $36 million to Native American tribes. It is anticipated that the proposed settlement will return at least $44 million to Utah, if all cities and counties participate in the settlement. RECOMMENDATION: Ratify the mayor’s signature to the new Opioid Settlement with Kroger Co. (Smith’s Grocery in Utah). 8. CONSIDER APPROVAL OF RESOLUTION 2024R-15 SETTING THE CERTIFIED TAX RATE FOR REAL AND PERSONAL PROPERTY FOR FISCAL YEAR 2025 AT 0.001209 RECOMMENDATION: Approve Resolution 2024R-15 setting the certified tax rate for real and personal property tax rate for fiscal year 2025 and authorize the mayor’s signature to any necessary documents. 9. CONSIDER APPROVAL OF ORDINANCE 2024-13 ADOPTING THE FISCAL YEAR 2025 BUDGET RECOMMENDATION: Approve Ordinance 2024-13 adopting the fiscal year budget for 2025 and authorize the mayor’s signature to any necessary documents. · 55 South State Street, Clearfield, UT 84015· (801) 525-2701· clearfield.city· 3 10. CONSIDER APPROVAL OF THE CITY MANAGER’S APPOINTMENT OF SPENCER BRIMLEY AS THE ASSISTANT CITY MANAGER COMMUNICATION ITEMS: A. Mayor's Report B. City Council's Reports C. City Manager's Report D. Staffs’ Reports **ADJOURN AS THE CITY COUNCIL** Dated August 7, 2024. /s/Chersty Titensor, Deputy City Recorder The City of Clearfield, in accordance with the ‘Americans with Disabilities Act’ provides accommodations and auxiliary communicative aids and services for all those citizens needing assistance. Persons requesting these accommodations for City sponsored public meetings, service programs or events should call Nancy Dean at 801-525-2714, giving her 48-hour notice. The complete public notice is posted on the Utah Public Notice Website - www.utah.gov/pmn/, the Clearfield City Website - clearfield.city, and at Clearfield City Hall, 55 South State Street, Clearfield, UT 84015. To request a copy of the public notice or for additional inquiries please contact Nancy Dean at Clearfield City, Nancy.dean@clearfieldcity.org & 801-525-2700. · 55 South State Street, Clearfield, UT 84015· (801) 525-2701· clearfield.city· 4