City Council

Minutes of Regular Meeting of Council of Ogden City, Utah, October 27, 2015 Page Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, October 27, 2015 at 6:02 p.m., in the Council Chambers on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Chair Richard A. Hyer Vice Chair Marcia L. White Council members Bart E. Blair Neil K. Garner Caitlin K. Gochnour Doug Stephens Council Executive Director Bill Cook Council Deputy Director Janene Eller-Smith Communications Manager Amy Sue Mabey Excused: Council member Amy L. Wicks Also present: Mayor Mike Caldwell Chief Administrative Officer Mark Johnson City Attorney Gary Williams Chief Deputy Attorney Mara Brown Management Services Director David G. Buxton Comptroller Lisa Stout Justice Court Administrator Paula Carr Chief Deputy Recorder Lee Ann Peterson At the request of the Chair, all present stood and recited the Pledge of Allegiance led by Vice Chair White. A moment of silence was observed. Proposed Resolution 2015-15 requesting the recertification of the Ogden City Justice Court A memo from the City Attorney’s Office came before the Council to consider a resolution requesting the recertification of the Ogden City Justice Court. The memo stated the Ogden City Justice Court has been operational since July 1, 2006. It is required by law that municipal justice courts be recertified every four years and Ogden’s current term expires in February 2016. A resolution is attached that provides for the request for recertification of the Ogden City Justice Court. Also attached is an Opinion Letter from the City Attorney, setting forth the operational procedures of the Ogden City Justice Court and feasibility of continuing to maintain the same. A public hearing is not required for adoption of the proposed resolution. The memo concluded that the Justice Court, if recertified, will continue to provide a revenue stream for the City that will likely exceed the costs of operation. Assistant City Attorney Brown summarized the memo and requested adoption of the proposed resolution, which will be submitted to the State Administrative Office of Courts (AOC) to request recertification of the Justice Court. Chair Hyer stated there was one inconsistency he noticed; it seemed strange that the AOC would ask for one year’s notice in the event the City does not want the Justice Court recertified, but in the event recertification is being requested the AOC only needs six months’ notice. He asked if there is anything the City can to do make sure either request should be due at the same time. Ms. Brown responded that is a State regulation; it is possible that the reason the AOC needs one year to consider a request that the court not be recertified is that they would need to contemplate the reassignment of cases formerly heard in Ogden City’s Justice Court. Chair Hyer wondered how the Council would be aware of the need to discuss the potential to request that the Justice Court not be certified one year in advance of when the appropriate paperwork would be due. Ms. Brown stated she is not sure the answer to that question and that may be a topic of discussion for a future meeting. She stated that a request to decertify a court would take a significant amount of advance planning. Council member Stephens remarked it appears the revenues generated at the Justice Court are anticipated to cover the operating costs of the Court. Ms. Brown answered that is correct. Chair Hyer introduced in writing proposed Resolution 2015-15, entitled: “A resolution of the Ogden City Council requesting the recertification of the Ogden City Justice Court.” COUNCIL MEMBER GOCHNOUR MOVED THE RESOLUTION BE ADOPTED, AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, STEPHENS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO – NONE. Council member Wicks was not present when this vote was taken. Proposed Ordinance 2015-45 amending the budget for the Fiscal Year July 1, 2015 to June 30, 2016 by increasing the anticipated revenues for a gross increase of $1,604,925 A memo from the Management Services Department regarding proposed amendments to the Fiscal Year (FY) 2016 budget came before the Council for consideration. The memo stated City Administration is proposing an ordinance that will increase the FY2016 budget by $1,604,925. The proposed amendment recognizes and appropriates funds from two grants and General Fund fund balance to the General Fund. The proposed amendment also transfers funds from the Critical Contingency Capital Improvement Plan Account to cover Airport projects. Finally, the proposal transfers funds appropriated in the FY2016 Budget for Information Technology (IT) Costs to the IT Fund. Comptroller Stout summarized the memo and stated this proposed action is to recognize various appropriations of new revenue or expected activities. The City received a donation from Comcast Cares of $9,925. These funds are included as donation revenue and an appropriation to the Public Services special supplies budget to help fund the costs associated with volunteer efforts by the City. A Comcast Cares Day was held on Saturday April 25, 2015 and the City earned a donation for employees who volunteered that day. Additionally, this budget opening includes donation revenue given to the Police Department to help in the costs of replacing a police dog. This donation was made by a citizen for the purchase of a new police dog in the amount of $20,000. She added the City is proposing an appropriation of general fund balance for a branding initiative in the amount $100,000. The City currently has a budget of $60,000 from prior years committed to rebranding the City which will be carried forward to the current year budget. It is estimated that the cost to rebrand Ogden City will exceed $60,000; the additional funding will allow the City to pay for a consultant and help cover the any necessary printing, publishing and change-out costs. She then explained the City is proposing a use of Critical Contingency funding in the amount of $50,000 to be transferred to the Airport to help fund the City portion of the Airport Improvement Projects (AlP) awarded to the Airport. Use of $50,000 from the Critical Project Contingency will leave a budget of $61,065 available. The City is also including the Airport AlP award not already budgeted in the amount of $700,000, $50,000 from the Ogden City Critical Contingency funding required as a match to the federal funds. She concluded the final appropriation included is to recognize expected revenue and expenses in the Information Technologies (IT) fund from purchases made for and charged out to other City departments. This is normally done at year end; however, since the amount has been consistently $750,000 in the past few years, it seems appropriate to move this budget action to a mid-year item and if any additional funding is necessary to add that funding at year end. Vice Chair White asked for an additional explanation of the City’s process for funding IT purchases made for other departments of the City. Ms. Stout stated that if an employee needs a new computer and has the funding for that need, the employee’s respective department would ask IT to find the best computer to meet the employee’s needs. The IT Division would then invoice the employee’s department for the computer. This is known as an internal service. Chief Administrative Officer Johnson added that money is included in each annual budget to provide for replacement of equipment; the funding is allocated to various departments in the City depending on their needs. Council member Stephens asked for additional information regarding the Federal Aviation Administration (FAA) grants that will be used at the Airport. Ms. Stout stated there are two different grants; the FAA mandates certain things that must be done at the Airport and grant amounts are dependent upon passenger totals. Mr. Johnson noted the City is receiving additional grant funding this year because the Airport’s commercial passenger levels have increased; the money must be used on infrastructure at the Airport and it is most generally used for runways and taxiways. Vice Chair White asked if the grants require matching funds. Mr. Johnson answered yes and noted the City must offer 10 percent matching funds. The Chair then called for a public hearing on proposed Ordinance 2015-45, entitled: “An ordinance of Ogden City amending the budget for the Fiscal Year July 1, 2015 to June 30, 2016 by increasing the anticipated revenues for a gross increase of $1,604,925 from sources as detailed in the body of this ordinance; and increasing the appropriations for a gross increase of $1,604,925 as detailed in the body of this ordinance; and providing that this ordinance shall become effective immediately upon posting after final passage.” The Chief Deputy City Recorder presented written notice of said hearing and affidavit of the publication in the Standard- Examiner on the 18th day of October, 2015, specifying the time and place of this meeting as the time and place when and where the proposed ordinance would be given a public hearing and be considered for final passage. The proof of publication was accepted and filed. The proposed ordinance was read by long title and all persons interested were given full and fair opportunity to be heard. There being no persons appearing to be heard, COUNCIL MEMBER GARNER MOVED THE PUBLIC HEARING BE CLOSED. MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, ALL VOTING AYE. Council member Wicks was not present when this vote was taken. ON A MOTION BY COUNCIL MEMBER GARNER AND SECONDED BY VICE CHAIR WHITE, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2015-45 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, STEPHENS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO – NONE. Council member Wicks was not present when this vote was taken. The Chair signed the ordinance as passed and adopted and the Chair’s signature was attested by the City Recorder. The authenticated ordinance was then filed with the City Recorder for transmittal to the Mayor for review and consideration. Mayor Comments Mayor Caldwell thanked the Weber State Debate Team for being present this evening and being involved in the democratic process. He then reminded everyone that next Tuesday is Election Day and he encouraged all citizens to exercise their right to vote. Closed Executive Session At this time, the Council gave consideration of adjourning into a Closed Executive Session pursuant to one or more of the provisions of Section 52-4-205(1) of the Open and Public Meetings Law: a. Discussion of the character, professional competence, or physical or mental health of an individual b. Strategy session to discuss collective bargaining c. Strategy session to discuss pending or reasonably imminent litigation d. Strategy session to discuss the purchase, exchange, or lease of real property e. Strategy session to discuss the sale of real property f. Discussion regarding deployment of security personnel, devices, or systems g. Investigative proceedings regarding allegations of criminal misconduct COUNCIL MEMBER GARNER MOVED THE COUNCIL ADJOURN INTO A CLOSED EXECUTIVE SESSION PURSUANT TO THE PROVISIONS OF SECTION 52-4-205(1) OF THE OPEN AND PUBLIC MEETINGS LAW. MOTION WAS SECONDED BY COUNCIL MEMBER BLAIR, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS BLAIR, GARNER, GOCHNOUR, STEPHENS, VICE CHAIR WHITE, AND CHAIR HYER. VOTING NO – NONE. Council member Wicks was not present when this vote was taken. The meeting adjourned into Closed Executive Session at 6:13 p.m. The meeting reconvened at 6:37 p.m. There being no further business to come before the Council, COUNCIL MEMBER GOCHNOUR MOVED THE MEETING ADJOURN AT 6:37 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. Council member Wicks was not present when this vote was taken. ________________________________________ LEE ANN PETERSON, MMC CHIEF DEPUTY CITY RECORDER ________________________________________ RICHARD A. HYER, CHAIR APPROVED: January 12, 2016