City Council

Ogden City Ogden City Council Meeting Agenda April 23, 2013 – immediately following a Redevelopment Agency Special Meeting which begins at 6:00 p.m. City Council Chambers – Third Floor Municipal Building, 2549 Washington Blvd. 1. Roll Call. 2. Recognition: a. Weber State University Men’s Basketball. Joint Resolution 2013-7 honoring the Weber State University Men’s Basketball Team for an exceptional 2012-13 season. (Adopt joint resolution – voice vote) b. Make-A-Difference Day. Joint Proclamation declaring May 9, 2013 as “Make-A-Difference Day” in Ogden City. (Adopt joint proclamation – voice vote) 3. Reports from the Administration: a. Trackline Business Park Economic Development Project Area. Proposed Ordinance 2013-20 adopting the Trackline Economic Development Project Area Plan and Budget. (Adopt/not adopt ordinance – roll call vote) 4. Public Comments: This is an opportunity to address the Council regarding your concerns or ideas. Please state your name and address clearly for the record, and limit your comments to three minutes. In this form of government, all City personnel are the responsibility of the Administration, not of the Council. Please discuss any concerns you may have regarding staff with the Mayor, Chief Administrative Officer, or Department Directors. 5. Comments: a. Administration. b. Council Staff. c. Council Members. 6. Adjournment. Reminder: A City Council Work Session will be held in the Council Work Room immediately following the regular City Council meeting. The purpose of the Work Session is to discuss the Dinosaur Park Foundation, Animal Services Annual Report, proposed Animal Ordinance amendments, 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: ADACompliance@ci.ogden.ut.us 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 th places within the Ogden City Limits on this 19 day of April, 2013. 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 th Notice Website and the Ogden City Website, as well as provided to the Standard- Examiner on the 19 day of April, 2013. TRACY HANSEN, MMC OGDEN CITY RECORDER Council Agenda Information Line – 801-629-8159 JOINT RESOLUTION HONORING THE WEBER STATE UNIVERSITY MEN’S BASKETBALL TEAM FOR AN EXCEPTIONAL 2012-13 SEASON COUNCIL STAFF REVIEW ACTION: Adopt joint resolution 2013-7 Request This joint resolution recognizes the successful and historic 2012-13 Weber State University Men’s Basketball Team. The team completed this season with an 18- 2 record in league play and 30-7 overall. Weber State Men’s Basketball Coach Randy Rahe, the assistant coaches and student athletes will be in attendance at the City Council meeting to accept this resolution. Council Staff Contact: Amy Sue Mabey, (801)629-8629 Ogden City Council Meeting: April 23, 2013 1  #2013-7 HONORING THE WEBER STATE UNIVERSITY MEN’S BASKETBALL TEAM FOR AN EXCEPTIONAL 2012-13 SEASON WHEREAS, The Weber State University Men’s Basketball Team experienced a record- breaking season this year, finishing with a 18-2 record in league play and 30-7 overall. They became the first team in Big Sky Conference history to win 30 games in a season and the first to compete in the championship game of a national postseason tournament; and WHEREAS, The Wildcats advanced to postseason play for the fifth-straight season and finished with just two conference losses for the second-straight season. They accomplished thirteen consecutive wins, with two of these occurring in Big Sky Conference Tournament play. The team finished the season first in the country in both field goal and three-point shooting percentages; and WHEREAS, Following their regular season the team was honored with an invitation to participate in the College Insider.com Postseason Tournament (CIT). They won four consecutive post-season games and competed in the CIT Championship game. Although the team experienced a heartbreaking loss in the final seconds of the Championship game, the overall success of their season remains momentous and historic; and WHEREAS, The performance of the individual athletes was remarkable. Four Weber State players were named to the 2012-13 Big Sky All-Conference Men’s Basketball Team. Scott Bamforth and Davion Berry were named to the first team, with Kyle Tresnak named to the second team and Frank Otis earning honorable mentions. Berry was also honored as the seventh player in Weber State history to become the Big Sky Newcomer of the Year and was named to the National Association of Basketball Coaches (NABC) All-District 6 First Team; and WHEREAS, Head Coach Randy Rahe and his talented coaching staff have done an outstanding job to lead the Wildcats to success and national prominence. Their vision and hard work have unified residents and strengthened our sense of community pride. NOW, THEREFORE BE IT RESOLVED that the Ogden City Council and Mayor Michael P. Caldwell hereby congratulate the WSU athletes and coaches for their noteworthy achievements throughout this season. We extend our sincere appreciation for your dedication and hard work and for placing the Weber State University Men’s Basketball team in the ranks of the best. GO WILDCATS! PASSED AND ADOPTED this 23rd day of April 2013. _________________________________ _________________________________ Bart E. Blair, Council Chair Michael P. Caldwell, Mayor ATTEST: _________________________________ Tracy Hansen, City Recorder JOINT PROCLAMATION DECLARING MAY 9, 2013 AS “MAKE-A-DIFFERENCE DAY” IN OGDEN CITY COUNCIL STAFF REVIEW ACTION: Adopt joint proclamation Request This joint proclamation declares May 9, 2013 as Make-A-Difference Day in Ogden City. This annual event provides citizens and community groups an opportunity to sponsor and participate in projects that benefit the City. Jay Lowder, Public Services Director, will be present during this recognition. The joint proclamation will be presented in an unframed format, given that a framed proclamation has already been presented to the Public Services Department for this same purpose. Council Staff Contact: Amy Sue Mabey, (801)629-8629 Ogden City Council Meeting: April 23, 2013 1  PROCLAIMING MAY 9, 2013 AS “MAKE-A-DIFFERENCE DAY” IN OGDEN CITY WHEREAS, The Ogden City Council and Mayor Caldwell are working together to prepare for the fifth annual Make-A-Difference Day in Ogden, which is focused on unifying the community and building pride throughout the City. The concept behind Make-A-Difference Day is to encourage everyone to ‘catch the vision’ and become involved by taking on projects that benefit the community and showcase our beautiful City; and WHEREAS, In conjunction with this event a food drive will be held from April 9th to May 9th. Non-perishable food items will be accepted at the City’s Public Works, Municipal, Francom Public Safety and Community Services buildings; and WHEREAS, Part of the purpose of this day is to spruce up Ogden in anticipation of the annual Ogden Marathon scheduled for Saturday, May 18, 2013. Many have committed to participate in Make-A-Difference Day and projects have been planned for May 9th as well as throughout the month of May; and WHEREAS, The following groups have already committed to participate in projects, with many more anticipated to join in the effort: Ackerman Investments o Ogden Zone Missionaries Autoliv o Pioneer Ward Berean Baptist Church o River Parkway Ward Boy Scouts of America o Rock Cliff Stake Campus Book Rentals o Rushton Heights Ward Saint Joseph Catholic Church o Taylor Canyon Ward Central Utah o Weber Heights Stake Daily Grind o West Haven Stake Davis Area Youth Center Hope Resurrected Church Federally Employed Women Ogden Eccles Dinosaur Park Front Climbing Group Ogden Nature Center Green the World Ogden School District Harmony Home Health Hospice o Ben Lomond High School Historic 25th Street Association o Ogden High School Interfaith Works O-Town K9 Crew Intermountain McKay-Dee Hospital Ogden Trails Committee Junior League of Ogden Pepsi Keller Williams RISE LDS Church Rotary Club o 2nd Young Single Adults Stake Salvation Army o Buenaventura Ward Sierra Club o Canyon Hollows Ward Upward Bound o Foothills Ward United Way o Harrisville 8th Ward Utah State University o Liberty Park Ward Weber State University o Malans Peak Ward Youth Impact o Ogden East Stake NOW, THEREFORE the Ogden City Council and Mayor Michael P. Caldwell do hereby proclaim May 9, 2013 as: “Make-A-Difference Day” in Ogden City We invite groups of all sizes to participate by organizing projects from small clean-up efforts, to participating in the local food drive, painting garbage cans, or tackling an entire city park. The options are endless and the results will be significant. We thank everyone who is currently engaged and all who will join in as our community comes together to Make-A-Difference in Ogden. PASSED AND ADOPTED this 23rd day of April 2013. _________________________________ _________________________________ Bart E. Blair, Council Chair Michael P. Caldwell, Mayor ATTEST: _________________________________ Tracy Hansen, City Recorder TRACKLINE ECONOMIC DEVELOPMENT PROJECT AREA - Final Plan and Budget DETERMINATION: Adopt or Not Adopt Ordinance Executive Summary The City Council will consider an Ordinance authorizing the creation of the new Trackline Economic Development (EDA) Project Area. This action is contingent on the RDA Board’s actions approving the Trackline EDA. Background January 1989 The RDA created the Golden Spike Redevelopment Project Area. City staff hoped to facilitate commercial and industrial redevelopment in the project area. The project did not come to fruition and the City has never collected tax increment from the project area. The Golden Spike RDA will expire January 2021. 2012 CED staff worked with a Developer to develop a light manufacturing, industrial and business park in the Golden Spike RDA. November 27, 2012 The RDA Board Office received an Administrative Transmittal requesting authorization for the RDA Executive Director to approve a Participation Agreement with a company out of Corona Del Mar, California. December 18, 2012 The RDA Board approved Resolution 2012-16 authorizing execution of the Participation Agreement with the California developer. January 15, 2013 The Board held a work session to discuss the proposed Draft Plan and Budget. No changes were requested. Ogden City Council Meeting: April 23, 2013 1  January 22, 2013 The Board set a public hearing on the Draft Plan and Budget for March 12, 2013. February 27, 2013 The Taxing Entity Committee (TEC) met to discuss the proposed EDA. The Administration presented the Draft Plan and Budget. CS Note: The Budget presented to the TEC was not the same draft budget that was presented to the public and noticed for the public hearing. After discussion with Legal, it was determined that a new public hearing should be set for consideration of the revised Draft Plan and Budget. March 12, 2013 The Board cancelled the public hearing and reset a new hearing on the revised Draft Plan and Budget. March 27, 2013 The TEC approved the proposed revised Budget. April 23, 2013 The Board will hold a public hearing on the revised Draft Plan and Budget for the Trackline Economic Development Project Area. Economic Development Area Process The creation of an Economic Development Area is strictly regulated by state law. Utah Code Ann. § 17C- Limited Purpose Local Government Entities - Community Development and Renewal Agencies Act, Chapter 3-Economic Development, outlines the notice requirements and approvals that must occur in order to establish an Economic Development Area (EDA). The statutory requirements are as follows: 1. RDA adopts a Resolution authorizing the creation of a draft Economic Development Plan. 2. RDA adopts an Economic Development Plan and Budget 3. City Council adopts and Economic Development Plan and Budget Ogden City Council Meeting: April 23, 2013 2  Plan Requirements The Economic Development Plan must include the following information: 1. Define the boundaries of the project area. 2. Explain how the EDA will affect the area. 3. Establish standards that will guide the economic development. 4. Identify how the purposes of an EDA will be met. 5. Show consistency with City’s General Plan. 6. Describe how the plan will create additional jobs. 7. Describe how the EDA will create jobs. 8. Describe the specific project in the EDA. 9. Identify private developers involved. 10. Describe reasons for selection of the project area. 11. Describe the physical, social, and economic conditions existing in the project area. 12. Describe any tax incentives offered. 13. Include analysis showing the benefits of the projects: a. Reasonableness of the costs of economic development. b. Efforts made to maximize private investment. c. Rationale for the pledge of tax increment. d. Estimation of total amount of tax increment to be expended. e. The anticipated public benefits to be derived i. Impact on tax base ii. Stimulated of business and economic activity iii. Number of jobs generated or preserved. 14. Identify historic buildings and comply with regulations governing preservation. Economic Development Budget An EDA draft budget must include the following: 1. Number of tax years the Agency will receive tax increment. 2. Percentage of tax increment or maximum dollar amount of tax increment agency will receive. CS Note: EDA’s do not include eminent domain authorization. Ogden City Council Meeting: April 23, 2013 3  The noticing requirements for creating and EDA are very specific. In addition to providing a thirty day notice to the property owners and fourteen day notice to the public, notice to and meetings with the Taxing Entity Committee (TEC) must also be completed. Proposal The Administration is proposing that the Plan and Budget for the new Trackline Development Economic Development Project Area be adopted. Trackline Economic Development Project Area Plan and Budget The EDA Plan and Budget are summarized as follows: Project Area Characteristics • 122.48 acres consisting of 121 parcels located between 24th Street and Middleton Road, and railroad tracks and G Avenue (See Attached Map) • Parcels are currently zoned for Light Manufacturing, Manufacturing, Community Commercial and Single Family Residential • Project will be Phased: o Phase I(A) – 70 Acres (A & B) of manufacturing and light industrial space. No impact to residential properties o Phase I(B) – 28 Acres (A & B) of manufacturing, light industrial, commercial, and flex space. No impact to residential properties o Phase II – 23 Acres. Removal of some or all residential space Impact of Development • Alteration of B Avenue to facilitate access to the development • Long term impact to 80 residences and 5 businesses located within the proposed Project Area CS Note: This is a Developer-driving project. Because there is no eminent domain involved, any homes or businesses will be purchased by a Developer from willing sellers. Objectives for Economic Development • Encourage and assist economic development to create additional jobs within the community Ogden City Council Meeting: April 23, 2013 4  • Remove impediments to land disposition and development through assembly of land, improved public utilities and infrastructure, and new facilities • Remove environmental deficiencies, irregular lots, improper drainage, overcrowding, underutilization of real property • Support for appropriate architectural, landscape and urban design principles • Promote and market the Project Area to complimentary businesses and industries that will enhance the economic base of the City • Provide updated infrastructure improvements • Strengthen the property and income tax base • Create better traffic and pedestrian circulation, reduce traffic hazards, reduce congestion, and promote air quality • Create compatible relationship among land uses and a viable center of economic activity Design Objectives • Provide and attractive urban environment the blends with adjoining areas • Provide open spaces and take advantage of natural setting • Provide appropriate landscaping and parking layouts Purpose for the EDA The EDA will • Enhance the economic base and the quality of life of the City, providing • Provide updated infrastructure • Conform to the City’s General Plan • Create 100-500 new permanent jobs • Create temporary construction jobs Selection of Private Developers Private Developers for the Project Area will be selected through a Requests for Proposal (RFP), private negotiations or some other method of identification Other parties, including current property owners, with the Ogden City Council Meeting: April 23, 2013 5  skill, experience and financial resources may also become a developer in the Project Area. Reasons for Selection of Project Area • There is room for growth and expansion for the businesses • It is relatively close to downtown • It has freeway access, railroad access and access to Weber River • There is an opportunity to transform an underutilized section of City Tax Incentives to Private Entities The tax increment from generated by the project will be used to replace and/or construct public infrastructure improvements, off-site improvements, and other improvements that the Agency may approve. Project Area Budget The original Draft Budget estimated that the total tax increment generated by the specific projects in the EDA over its proposed 20-year life will be approximately $5.3 million. It estimated $27 M in private investment during the course of the EDA build-out. The revised Draft Budget estimates total available tax increment generated by the specific projects in the EDA over its proposed 20-year life will be approximately $13 million to be budgeted as follows: Development Incentive $ 7,000,000 Housing $ 2,602,780 RDA Administration $ 650,695 Uncommitted $ 2,760,426 $13,013,901 Historic Register There is one (1) existing historical building included in the Project Area. The Agency will take appropriate action to utilize and protect the character of the building. Ogden City Council Meeting: April 23, 2013 6 Questions Please review the actions of the RDA relating to the creation of the Trackline EDA. Council Staff Contact: Janene Eller-Smith, (801)629-8165 Ogden City Council Meeting: April 23, 2013 7  OGDEN CITY COUNCIL TRANSMITTAL DATE: April 16, 2013 TO: Ogden City FROM: Tom Christopulos, CED Director THROUGH: Mark Johnson, Chief Administrative Officer RE: Trackline EDA – Ordinance adopting Project Area Plan STAFF CONTACT: Brandon Cooper, Deputy Manager-CED REQUESTED TIMELINE: April 23, 2013 DOCUMENTS: An ordinance of the City Council of the City of Ogden adopting the economic development Project Area Plan dated April 23, 2013 and entitled “Trackline Economic Development Project Area Plan.” DISCUSSION: The attached ordinance is for the purpose of adopting the Trackline Economic Development Project Area Plan as the official plan for the Trackline Economic Development Project Area. The plan and budget have been considered and approved by the Agency’s Taxing Entities Committee and will be considered for approval by the Redevelopment Agency prior to the Council’s consideration. For further information please contact Brandon Cooper at (801) 629-8947.  ORDINANCE NO. 2013-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OGDEN, STATE OF UTAH, ADOPTING THE TRACKLINE ECONOMIC DEVELOPMENT PROJECT AREA PLAN DATED APRIL 23, 2013 AND ENTITLED "TRACKLINE ECONOMIC DEVELOPMENT PROJECT AREA PLAN AND BUDGET" BE IT ORDAINED BY THE CITY COUNCIL OF OGDEN CITY, STATE OF UTAH AS FOLLOWS: This Ordinance pertaining to the "Trackline Economic Development Project Area Plan" is hereby enacted to read as follows: Section 1. Adoption of Project Area Plan. The Ogden City Redevelopment Agency (the “Agency”), by Resolution No. 2013-8, dated April 23, 2013, has adopted the “Trackline Economic Development Project Area Plan and Budget" (the "Project Area Plan" or the “Plan”). The Project Area Plan is hereby designated as the official economic development Project Area Plan of the Trackline Economic Development Project Area. The City, after review of the Agency’s findings and Resolution, hereby adopts by Ordinance the Project Area Plan pursuant to Section 17C-3-106, Utah Code. Section 2. Project Area Boundaries. The legal description of the boundaries of the Project Area covered by the Project Area Plan is as follows, to-wit: See Exhibit A, attached hereto and incorporated herein by reference. Section 3. Purposes of Project Area Plan. The purposes and intent of the City Council of Ogden City with respect to the Project Area are to accomplish the following purposes by adoption of the Project Area Plan: 1. Encourage and assist economic development in order for a public or private employer to create additional jobs within the community. 2. Removal of impediments to land disposition and development through assembly of land into reasonably-sized and shaped parcels necessary for economic development served by improved public utilities, infrastructure improvements, and new public or private facilities. 1  2 3. The elimination of environmental deficiencies, irregular lot subdivision, improper drainage, overcrowding, or underutilization of real property. 4. Achievement of an environment reflecting a high level of concern for architectural, landscape, and urban design principles, developed through encouragement, guidance, appropriate controls, and financial and professional assistance to owner participants and developers. 5. Promote and market the project area for economic development that would be complimentary to existing businesses and industries or would enhance the economic base of the City. 6. Provide utilities, streets, curbs, sidewalks, parking areas, landscape areas, and other infrastructure improvements as appropriate and necessary. 7. Provide for the strengthening of the property and income tax base and economic health of the general community and the State of Utah. 8. Provide improved public streets and road access to and within the Project Area to facilitate better traffic and pedestrian circulation, reduce traffic hazards, and to promote air quality and reduce congestion. 9. Ensure compatible relationships among land uses and quality standards for their development, such that the area functions as a unified and viable center of economic activity for the City. 10. Provide for the use of tax increment by the Agency in accordance with the provisions of the Redevelopment Agencies Act. Section 4. Project Area Plan Incorporated by Reference. The Project Area Plan, together with supporting documents, is incorporated herein by this reference and made a p art of this Ordinance. Copies of the Project Area Plan shall be filed and maintained in the office of the City Recorder and the Redevelopment Agency for public inspection. Section 5. Effective Date. T his Ordinance shall take effect immediately upon publication after final passage. 2  3 PASSED, ADOPTED AND ORDERED PUBLISHED by the Council of Ogden City, Utah this 23rd day of April, 2013. ________________________________ CHAIR ATTEST: ___________________________ CITY RECORDER TRANSMITTED TO THE MAYOR ON: ________ MAYOR'S ACTION: Approved Vetoed ___________________________ MAYOR ATTEST: ___________________________ CITY RECORDER PUBLICATION DATE: ____________________ EFFECTIVE DATE: ____________________ APPROVED AS TO FORM: ______________________ Legal D ate 3  4 Exhibit A All of blocks 37, 47, and 53, Plat “A”; lot 1, Block 5, Five Acre Plat “A”; lot 14, Block 7, Five Acre Plat “A”; and Block 5, Riverside Park Addition; Ogden City Survey and all adjoining streets to said lots and blocks. 4