City Council

Minutes of Joint Session of Council of Ogden City, Utah, June 7, 2016 Page Minutes of the joint work session of the Ogden City Council, also acting as the Redevelopment Agency, held on Tuesday, June 7, 2016 at 3:46 p.m., in the Council Work Room on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Acting Chair Bart E. Blair Council members Neil K. Garner (arrived 4:25 p.m.) Richard A. Hyer Luis Lopez Ben Nadolski Doug Stephens Excused: Chair Marcia L. White Council Executive Director Bill Cook Council Deputy Director Janene Eller-Smith Council Policy Analyst Glenn Symes Communications Specialist Brittany Griffin Also present: Chief Administrative Officer Mark Johnson Chief Deputy Attorney Mara Brown Public Services Director Jay Lowder Community and Economic Development Director Tom Christopulos Community and Economic Development Deputy Director Brandon Cooper Comptroller Lisa Stout Deputy Finance Director Camille Cook City Treasurer Brandee Johnson Deputy Planning Manager Clint Spencer Chief Deputy Recorder Lee Ann Peterson The purpose of the joint work session was to review the agendas for the Special City Council, Redevelopment Agency, and Special Municipal Building Authority meetings scheduled to begin at 6:00 p.m.; discuss a FY2016 RDA budget amendment for year-end adjustments; discuss a FY2016 City budget amendment for year-end adjustments; discuss the proposed FY2017 City budget; and discuss Council, Redevelopment Agency, and Municipal Building Authority business. Agenda Review Council Executive Director Cook and other members of Council staff briefly reviewed the items listed on the agendas for the City Council, Redevelopment Agency (RDA), and Municipal Building Authority (MBA) meetings scheduled to begin at 6:00 p.m. FY2016 RDA Budget Amendment – Year-end Adjustments Council Deputy Director Eller-Smith explained the proposal is to modify the current FY2016 budget to include additional revenue in the amount of $22,271,000 and to appropriate the additional revenue for district expenses. Comptroller Stout summarized the revenue and appropriations included in the budget opening; revenues include bond refunding proceeds in the Central Business District (CBD) Mall Area of $21,950,000 as well as an interfund transfer of $111,000; tax increment in the Washington Boulevard area of $56,000; tax increment in the Lester Park area of $20,000; tax increment in the 12th Street area of $35,000; and tax increment from the American Can area of $99,000. Appropriations include the bond refunding principal in the CBD Mall area of $21,635,300, debt principal of $111,000, and closing fees of $314,700; transfer to the Recreation Center debt of $56,000 in the Washington Boulevard area; transfer to the Recreation Center debt of $20,000; transfer to Recreation Center debt of $35,000 in the 12t Street area; and payment to the developer of $99,000 in the American Can area. FY2016 City Budget Amendment – Year-end Adjustments Comptroller Stout explained the proposal is to amend the current FY2016 budget to provide for additional revenues in the amount of $1,620,167 not previously anticipated and to appropriate the additional funds for various expenditures. She summarized the additional revenues as follows: General Fund: Miscellaneous Grants $77,381 Amphitheater - Various $243,625 Lorin Farr Concessions $6,000 Legal Discovery Fees $15,000  Police Overtime Reimbursement $53,000 Golden Hours Donations $10,000 Capital Improvement Project (CIP) Fund RAMP Funds $175,000 Centennial Trail Revenue $37,500 Water Utility Fund Use of Retained Earnings $150,000 Sewer Utility Fund Use of Retained Earnings $130,000 Airport Fund Use of Retained Earnings $190,000 Golf Courses Fund Use of Retained Earnings (Mt. Ogden) $50,000 Recreation Fund Use of Retained Earnings $45,000 Storm Utility Fund Use of Retained Earnings $115,000 Fleet and Facilities Use of Retained Earnings $125,000 Miscellaneous Grants Fund Various Grants $197,661 Ms. Stout then summarized additional appropriations included in the proposed budget opening: General Fund Legal - Office Items $15,000 Mgmt. Services - Justice Court Equip. $8,300 CED – Various Promos/Activities $289,556 Police - Overtime/Temps $63,000 Fire - Emergency Management $5,000 Public Services - Various Operations $24,150 CIP Liberty Park RAMP project $175,000 Centennial Trail project $37,500 Water Utility Depreciation $150,000 Sewer Utility Fund Depreciation $130,000 Airport Fund Depreciation $190,000 Golf Courses Fund Depreciation $50,000 Recreation Depreciation $45,000 Storm Utility Fund Depreciation $115,000 Fleet and Facilities Depreciation $125,000 Miscellaneous Grants Fund Police - Various $183,360 Fire $4,301 Public Services - Trails $10,000 There was a brief general discussion regarding the purpose of accounting for depreciation, with Ms. Stout explaining depreciation is a non-cash transaction; it is necessary to recognize depreciation as an expense in relation to use of various assets. Ms. Stout concluded by reviewing the year-end adjustments reappropriation schedule, which included pay for performance funding, and the payroll contingency appropriation. She noted the pay for performance budget was not completed when the budget was set for FY2016; this adjustment between departments allocates the raises given to directors. The remaining budget adjustments are between divisions in the same department based on the results of pay for performance. She then addressed the payroll contingency appropriation, which was established in the non-departmental fund to help cover the cost of retirements and the vacation buyback program. This contingency is being allocated to departments based on anticipated need related to these payroll activities over position budgeting estimates. Proposed FY2017 City budget discussion  Friendly Amendments: Deputy Finance Manager Cook reviewed a document referenced as Schedule A to the Proposed FY2017 Budget document and indicated that it is a summary of ‘friendly amendment’ to the budget; these are changes that have been made to the proposed budget since it was tentatively accepted by the City Council. The ‘friendly amendments’ include: General Fund:  Budget increase of $10,000 to increase the Art Grant Support line item.  Fee increase for rental of Fire Training Trailer, which will result in an increase in revenue by $1,000 in anticipated rental revenues. There is also a corresponding expenditure for the replenishment of supplies in the trailer.  Accounting mechanism for Active Transportation Tax Revenue – budget neutral.  Relocation of $15,000 Boys and Girls Club donation to Recreation budget. Water Utility Fund:  Increase of $17.8 million in bond proceeds and retained earnings. There is a corresponding expense to allow for completion of various CIP projects. Fleet and Facilities Fund:  $200,000 correction for equipment replacement. Ms. Cook then noted an additional ‘friendly amendment’ that City Administration will present to the Council in the near future that relates to the Enterprise Resource Planning (ERP) lease proceeds and corresponding expenditure for the new ERP system. Ms. Eller-Smith indicated the ERP system will be discussed in greater depth during the June 21 work session meeting. There was brief discussion regarding the scope of the ERP project. Use of Retained Earnings: Ms. Eller-Smith discussed the former practice employed in the Fire Department to pay Medicaid settlements from the Medical Services Fund. The practice was somewhat surprising to the Council as there was an understanding that retained earnings were essentially savings in the Department’s budget and any use of those funds would be brought to the Council for approval. In working with the Finance Division of the City, Council staff learned that the Council was not required to approve use of retained earnings in the enterprise funds. A change to the City’s financial principals is being recommended that would require City Administration to provide the Council with notice of transfers from enterprise funds; the communication would be required within 10 days of the transfer and would indicate the amount of the transfer, the purpose of the transfer, and a justification statement. The Council engaged in brief discussion regarding the amendment to the financial principals, ultimately concluding they are comfortable with the change. Mr. Cook indicated a more in-depth discussion regarding the budget is scheduled for next Tuesday and he encouraged the Council to inform him of any concerns or questions they have regarding the budget in advance of the meeting. Council Business Oak Den Urban Renewal Area: Several Council members indicated they felt the open house event held for the Oak Den Urban Renewal Area (URA) blight study was a success and they thanked Community and Economic Development Department staff for their efforts in communicating with and listening to residents that live within the study area. Ms. Eller-Smith stated that the Oak Den project is currently on hold and City Administration will inform Council staff when they are ready to proceed with the process of creating the URA. Downtown Special Assessment Area: Ms. Eller-Smith provided the Council with an update on the Board of Equalization hearings that were held last week for the creation of the special assessment area (SAA) in downtown Ogden for promotional activities; only one property owner attended the hearings, but four other property owners submitted letters regarding the creation of the SAA. Three property owners protested the creation of the district and their assessment amount and the fourth protested the assessment amount only. The property owners indicated they do not feel the promotional activities benefit their business and that the activities benefit all of Ogden and the costs should be spread throughout the entire City. She noted that Peter Corroon, the owner of the Old Post Office building, was the property owner that attended the hearings in person and he indicated that it is difficult enough to make historic buildings economically viable and successful and the assessment is an added burden that will make it difficult for him to make a profit on his investment. An additional property owner attended the hearing to ask questions about the activities that will be supported by the SAA. Ms. Eller-Smith concluded that findings of the hearings will be made in accordance with State statute and no changes to the assessment rolls are recommended. She did learn that the information presented to the Council regarding assessment amounts was not the same information that was sent to property owners because of calculation error; however, when the final recommendation is made to the Council relative to the creation of the SAA, the correct assessment amounts will be available. Downtown Events: The Council discussed the success of recent events held in downtown Ogden and Council member Garner thanked City staff for cleaning the 24th Street entrance to the City in preparation for the events. Clint Spencer: Community and Economic Development Director Christopulos introduced Clint Spencer, the City’s newest Planner. Mr. Spencer provided the Council with a brief overview of his professional experience and personal background. Council Calendar: Mr. Cook briefly reviewed the Council calendar for the remainder of the month of June and discussed agenda items that will be coming before the Council. The meeting adjourned at 4:46 p.m.  ________________________________________ LEE ANN PETERSON, MMC CHIEF DEPUTY CITY RECORDER ________________________________________ BART E. BLAIR, ACTING CHAIR APPROVED: September 13, 2016  Minutes of Regular Meeting of Council of Ogden City, Utah, June 7, 2016 Page Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, June 7, 2016 at 6:00 p.m., in the Council Chambers on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Acting Chair Bart E. Blair Council members Neil K. Garner Richard A. Hyer Luis Lopez Ben Nadolski Doug Stephens Excused: Chair Marcia L. White Council Executive Director Bill Cook Council Deputy Director Janene Eller-Smith Council Policy Analyst Glenn Symes Communications Specialist Brittany Griffin Also present: Chief Administrative Officer Mark Johnson City Attorney Gary Williams Comptroller Lisa Stout City Treasurer Brandee Johnson Public Services Director Jay Lowder Public Services Deputy Director Justin Anderson Community and Economic Development Director Tom Christopulos Deputy Finance Manager Camille Cook Diversity Affairs Officer Viviana Felix Chief Deputy Recorder Lee Ann Peterson At the request of the Chair, all present stood and recited the Pledge of Allegiance led by Boy Scout Tanner Harris. Acting Chair Blair welcomed Boy Scout Tanner Harris, who is working on his Communications Merit Badge. A moment of silence was observed. COUNCIL MEMBER HYER MOVED TO ADJUST THE AGENDA BY MOVING ITEM 9A REGARDING THE GRANT/LOAN TO BV MAPLE, LLC. TO POSITION 7A AND BY REMOVING THE CONSIDERATION OF CONVENING IN A CLOSED EXECUTIVE SESSION FROM THE AGENDA. MOTION WAS SECONDED BY COUNCIL MEMBER LOPEZ, ALL VOTING AYE. Chair White was not present when this vote was taken. Joint Proclamation declaring June 18, 2016 “Juneteenth Freedom Day” in Ogden City A joint proclamation declaring June 18, 2016 as Juneteenth Freedom Day in Ogden City came before the Council for consideration. Council member Garner read the joint proclamation, after which COUNCIL MEMBER GARNER MOVED TO APPROVE THE JOINT PROCLAMATION. MOTION WAS SECONDED BY COUNCIL MEMBER STEPHENS, ALL VOTING AYE. Chair White was not present when this vote was taken. Acting Chair Blair then presented the joint proclamation to Betty Sawyer, Director of Project Success and Utah Juneteenth Commission Chair. Ms. Sawyer also introduced Annete Foster, a Project Success Board Chairperson, and Pastor Charles Petty who has been a longtime supporter of Juneteenth. She also introduced other members of the Project Success Board in attendance. Ms. Foster thanked the Council and Mayor for this joint proclamation, which is such an honor and is long overdue. She also thanked the Board’s various supporters, including Weber State University (WSU), Recreation Arts Museums and Parks (RAMP), Ogden Weber Applied Technology College, Harambee Tobacco and Health Network, WSU Black Scholars United, and Goldenwest Credit Union. Ms. Sawyer displayed the Juneteenth flag and noted it is the flag that was created by the former president and chair of the Massachusetts State Juneteenth Commission in 1997; it was updated in 2007 to include the actual date of the first historic commemoration of Juneteenth. She is happy to provide it to the City to be hung in the Council Chambers so that others can learn about the history of Juneteenth. She invited the entire City Council to visit WSU on June 17 and 18 from noon to 9:00 p.m. to participate in Juneteenth commemoration events. Recognizing Diego Alvarez for winning the Golden Gloves National Boxing Championship A memo from Council staff regarding recognition of Diego Alvarez came before the Council for consideration. Mr. Alvarez, an Ogden boxer, recently won the Golden Gloves National Boxing Championship. Council member Lopez read the certificate of recognition for Diego Alvarez issued by the Ogden City Council and Mayor Caldwell. He then presented Mr. Alvarez with the certificate. Mr. Alvarez provided the Council with information regarding the National Boxing Championship, which was held at the Salt Palace Events Center; he fought five matches throughout the week. He has been boxing for five years and has plans to continue to improve his skills in order to qualify for Junior Olympics events next year. Council member Lopez stated the Council is working to write a grant that would provide for the establishment of a boxing gymnasium in Ogden to allow more kids like Mr. Alvarez to train with trainers and participate in these types of programs. Recognizing the 160th anniversary of the Boyle Appliance Center A memo from Council staff regarding recognition of Boyle Appliance Center came before the Council for consideration. Boyle Appliance is a family-owned business that is celebrating 160 years in business in Ogden. Acting Chair Blair read the certificate of recognition for Boyle Appliance Center issued by the Ogden City Council and Mayor Caldwell. He then presented Mr. James Boyle with the certificate. Mr. Boyle stated he has worked at the Appliance Center for 40 years; he took ownership of the company when it only had four employees and now he has 23 employees, six trucks, and a large warehouse. He appreciates Ogden City’s support of his business. He introduced his son, Steve, who will be the next generation owner of the business upon his retirement. Approval of Minutes Council member Stephens stated he had reviewed the minutes of the regular meeting of February 16, 2016 and special meeting of March 8, 2016 and found them to be accurate to the best of his recollection. Council member Hyer stated he had reviewed the minutes of the regular meetings of March 15 and April 5, 2016 and found them to be accurate to the best of his recollection. Acting Chair Blair stated he had reviewed the minutes of the special meeting and closed executive session of April 12, 2016 and found them to be accurate to the best of his recollection. Council member Lopez stated he had reviewed the minutes of the joint work sessions of April 12 and 26, 2016 and found them to be accurate to the best of his recollection. Council member Nadolski stated he had reviewed the minutes of the regular meeting and closed executive session of April 26, 2016 and found them to be accurate to the best of his recollection. COUNCIL MEMBER NADOLSKI THEN MOVED TO APPROVE THE MINUTES AS PRESENTED. MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Chair White was not present when this vote was taken. Proposed Ordinance 2016-30 adopting salary schedules for all City employees A memo from Council staff regarding proposed FY2017 salary schedules came before the Council for consideration. The memo stated each year the Council approves a salary schedule for all officers and employees of the City. The salary schedule implements the proposed employee wage and benefit decisions. Four salary schedules are proposed as follows: Non-Merit – Special Employees, Merit Employees, Classified Employees within the Police Department, and Classified Employees within the Fire Department. The proposed salary schedule includes the following: 1. A pay increase of up to 4% based on merit - $1,688,275. Also included in the proposed budget is a Police Department steps correction increase of $860,175 and a Fire Department steps correction of $1,076,975. Department directors have each decided how the merit increases will be distributed. 2. Reclassification of 12 positions. 3. A net total of 6 positions added with 8 new positions added and 2 positions eliminated. 4. The health insurance cost increase is $0. 5. Retirement funding increases as required - $0. The total proposed wage and benefit increases equal $3,625,425. Acting Chair Blair then introduced in writing proposed Ordinance 2016-30, entitled: “An ordinance of Ogden City, Utah, adopting salary schedules for all employees of the City; and providing that this ordinance will be effective on July 1, 2016.” A copy of the proposed ordinance was deposited with the Chief Deputy City Recorder and ordered that the City Recorder have at least one copy available for public inspection in her office during all business hours. The proposed ordinance was then read by long title. COUNCIL MEMBER GARNER MOVED A PUBLIC HEARING ON THE PROPOSED ORDINANCE BE HELD IN THE CITY COUNCIL CHAMBERS ON JUNE 21, 2016, DURING THE CITY COUNCIL MEETING TO BE HELD AT 6:00 P.M. AND THAT THE CITY RECORDER BE DIRECTED TO PROVIDE NOTICE AS REQUIRED BY LAW. MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Chair White was not present when this vote was taken. Proposed Ordinance 2016-31 amending the budget for the Fiscal Year July 1, 2015 to June 30, 2016 by increasing the anticipated revenues for a gross increase of $1,620,167 A memo from the Comptroller regarding a proposed amendment to the FY2016 budget came before the Council for consideration. The memo stated the purpose of this action is to recognize any additional revenue from grants, donations, etc. not previously included in the FY 2015-2016 budget, as well as appropriation suggestions for the additional funds. Also included in the amendment are reappropriations related to pay for performance compensation adjustments as distributed within each department and payroll related budget adjustments due to vacation buyback and retirement. Acting Chair Blair then introduced in writing proposed Ordinance 2016-31, 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 $1,620,167 from sources as detailed in the body of this ordinance; and increasing the appropriations for a gross increase of $1,620,167 as detailed in the body of this ordinance; and providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the Chief Deputy City Recorder and ordered that the City Recorder have at least one copy available for public inspection in her office during all business hours. The proposed ordinance was then read by long title. COUNCIL MEMBER GARNER MOVED A PUBLIC HEARING ON THE PROPOSED ORDINANCE BE HELD IN THE CITY COUNCIL CHAMBERS ON JUNE 21, 2016, DURING THE CITY COUNCIL MEETING TO BE HELD AT 6:00 P.M. AND THAT THE CITY RECORDER BE DIRECTED TO PROVIDE NOTICE AS REQUIRED BY LAW. MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Chair White was not present when this vote was taken. Proposed Resolution 2016-16 approving a grant/loan to partially fund demolition of real property located at 262 12th Street A memo from Community and Economic Development Department came before the Council to consider a resolution approving a grant/loan to partially fund demolition of real property located at 262 12th Street. The memo stated City Administration is requesting the Council approve a resolution that adopts or authorizes the following: adopts the findings and conclusions of a Fred Meyer Incentive Study, pursuant to UCA § 10-8-2, approves the Promissory Note and Loan Agreement with BV Maple Utah, LLC, and authorizes the Mayor to execute the Promissory Note and Loan Agreement. City Administration has completed and submitted a study in accordance with §10-8-2 of the Utah Code and City Council policy. Section 10-8-2 of the Utah State Code outlines the requirements for appropriating funds for a “corporate purpose.” This statute authorizes the City Council to appropriate funds for any project or organization if 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 with a 14-day notice. Additionally, the Council adopted Resolution 2012-23 establishing a policy for donations to outside entities. The process set forth in the resolution requires the following: 1. Completion of a study that addresses the following: a. The benefit the City will receive—tangible or intangible—in return for appropriated funds. b. An analysis of how the appropriation will be used to enhance the safety, health, prosperity, moral wellbeing, peace, order, comfort, or convenience of Ogden City residents. c. Whether the appropriation is necessary and appropriate to accomplish any of the goals and objectives of the City such as i. Removing blight or underdeveloped properties. ii. Increasing the City’s tax base. iii. Creating jobs. iv. Retaining jobs. v. Any other identified public purpose that the development might serve. d. Completion of a financial analysis showing projected financial returns to the City, if any, and the period of time over which the City will recoup the amount of the appropriation. 2. A finding by the Council that the development will promote the safety, health, prosperity, moral wellbeing, peace, order, comfort, or convenience of the Ogden City residents shall be adopted by resolution citing the study as evidence to support that finding. 3. The final appropriation shall be completed in accordance with the processes outlined in Utah Code Ann. § 10-8- 2: a. If the appropriation will be made as an amendment to the current year fiscal budget, then the appropriation shall be approved pursuant to the process outlined in Utah Code Ann. § 10-8-2(d)  b. If the appropriation is made as part of a future fiscal year budget, then the appropriation shall be approved during the regular annual budget process. Community and Economic Development Director Christopulos summarized the memo and stated the property located at 262 12th Street, Ogden, Utah was the business location for the Ogden-based Fred Meyer store until 2002. Since then, the property has changed ownership multiple times, but has remained vacant and poorly maintained. The approximately 150,000 square foot building located on the property is rapidly deteriorating and adding blight to and negatively impacting an important and promising commercial district within Ogden City. BV Maple Holdings Utah, LLC, an Idaho limited liability company and subsidiary company to Ball Ventures, acquired the property in 2012 and has determined that the structure of the building on the property is compromised, can no longer be economically viable in a renovation or reuse, and threatens the health and safety of City residents. Throughout months of discussion and after considering all viable alternatives, Administrative staff has determined that the most efficient and least costly action the City can take is to help facilitate demolition of the dilapidated building on the property by making a $100,000 loan/grant to BV Maple for assistance in the demolition of all of the structures on the property. The action of removing the buildings is a significant and appropriate step to encourage more rapid redevelopment of the property and area and will result in a higher probability of successfully attracting end-users to the site in a timely manner. He then reviewed the terms of the loan/grant as follows:  Amount: $100,000  Distribution: The $100,000 loan proceeds from shall be disbursed in a lump sum amount within thirty (30) days following: o Issuance by Ogden City of a demolition permit for the demolition of the improvements upon the Property; o Proof of entering into an agreement with a company for the demolition of the buildings upon the Property; o Mobilization of demolition equipment and substantial commencement of demolition activities upon the Property, which must take place on or before August 1, 2016  Principal and Interest Payments: If BV Maple complies fully with the requirements of the Note and Loan Agreement by (1) substantially completing demolition of all improvements upon the property on or before August 1, 2016, (2) substantially completing construction of the new structure upon the property on or before August 1, 2018, and (3) substantially complying with all material terms of the Note and Loan Agreement, then the amount due under the Note, including all principal and interest, shall be forgiven in full. Otherwise, if BV Maple fails to comply with any material term of the Note and Loan Agreement, then the entire principal balance, together with annual accrued interest of 5%, shall be due and payable on or before August 1, 2018.  Forgiveness: Forgiveness of the Note may occur through an appropriation from the general fund in accordance with Utah Code Annotated § 10-8-2 et seq. According to Utah Code Annotated § 10-8-2(1)(a), “a municipal legislative body may . . . appropriate money for corporate purposes only.” Further, according to § 10-8-2(3), “It is considered a corporate purpose to appropriate money for any purpose that, in the judgment of the municipal legislative body, provides for the safety, health, prosperity, moral well-being, peace, order, comfort, or convenience of the inhabitants of the municipality . . .”. Mr. Christopulos concluded City Administration recommends the City Council set a public hearing to consider input on a study for a $100,000 loan to partially fund the demolition of the Fred Meyer Building located at 262 12th Street. Should there be no negative public input, Administration further recommends the City Council adopt the attached resolution approving the loan agreement and promissory note. Demolition of the structures upon the property will further important City public policies through the elimination of blight, will encourage construction of quality replacement structures in a timelier manner, and will provide for the safety, health, and prosperity of City residents. Council member Stephens asked if the demolition project includes the parking lot associated with the building. Mr. Christopulos answered yes; the parking lot will need to be removed to allow for the construction of a new facility. Council member Hyer inquired as to the timeline of the demolition project. Mr. Christopulos stated that it his expectation that the project will be completed within the timeframe referenced in the terms of the agreement; demolition should take between 90 and 120 days and the developer then has time to proceed with plans for reuse of the site. In order to meet the 2018 deadline included in the agreement, construction would likely need to begin by next spring. Council member Nadolski thanked staff for their careful negotiation of the terms of the agreement; it includes safeguards for the position while maintaining an aggressive position for the redevelopment of the property. Acting Chair Blair called for a motion to open a public hearing on proposed Resolution 2016-16, entitled: “A resolution of the Ogden City Council accepting a study conducted in accordance with Utah Code Section 10-8-2 and approving a $100,000 forgivable loan to partially fund demolition of blighted buildings situated upon real property located at 262 12th Street, Ogden, Utah.” The Chief Deputy City Recorder presented written notice of said hearing and affidavit of the publication in the Standard- Examiner on the 22nd day of May, 2016, specifying the time and place of this meeting as the time and place when and where the proposed resolution would be given a public hearing and be considered for final passage. The proof of publication was accepted and filed.  COUNCIL MEMBER HYER MOVED TO OPEN THE PUBLIC HEARING AND ALLOW ALL INTERESTED PERSONS FULL AND FAIR OPPORTUNITY TO BE HEARD. MOTION WAS SECONDED BY COUNCIL MEMBER LOPEZ, ALL VOTING AYE. Chair White was not present when this vote was taken. There being no persons appearing to be heard, COUNCIL MEMBER HYER MOVED THE PUBLIC HEARING BE CLOSED. THE MOTION WAS SECONDED BY COUNCIL MEMBER LOPEZ, ALL VOTING AYE. Chair White was not present when this vote was taken. COUNCIL MEMBER HYER MOVED THE RESOLUTION BE ADOPTED, AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY COUNCIL MEMBER STEPHENS, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, AND ACTING CHAIR BLAIR. VOTING NO – NONE. Chair White was not present when this vote was taken. Proposed Ordinance 2016-26 amending the budget for the Fiscal Year July 1, 2015 to June 30, 2016 by increasing the anticipated revenues for a gross increase of $487,200 A memo from the Comptroller regarding a proposed amendment to the Fiscal Year 2016 budget came before the Council for consideration. The memo stated the Council is being asked to consider a resolution authorizing budget transfers and appropriations to fund a property purchase, fund City branding projects, and partially fund demolition of the Fred Meyer Building. Comptroller Stout summarized the memo and stated the proposed action is to recognize a budget opening to the General fund and the Business Depot Ogden (BDO) Enterprise Fund of Ogden City. The BDO Enterprise Fund has sufficient retained earnings to appropriate funds in the amount of 193,524 for transfer to the City’s General Fund; the transferred funds are proposed to be appropriated in the General Fund for the following purpose: a property purchase and environmental assessment in the amount of $93,600 at 281 West 33rd Street, Ogden. The property purchase price is $87,500 and it is estimated that an environmental assessment and closing costs on the property will cost $6,100. This budget opening is in coordination with the Community and Economic Development Department and their request for the City to adopt a resolution to ratify the purchase of this property. Additionally, a loan in the amount of $100,000 to help fund demolition of the blighted buildings at 262 12th Street is contemplated within the budget opening; this is also in coordination with the Department and their request for the Council to adopt a resolution approving the loan. Ms. Stout concluded the General Fund has sufficient fund balance to appropriate $100,000 to cover expenditures associated with the branding efforts of Ogden City. One immediate recommendation in branding for the City was for the installation of wayfinding signs. Acting Chair Blair then called for a motion to open a public hearing on proposed Ordinance 2016-26, 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 $487,200 from sources as detailed in the body of this ordinance; and increasing the appropriations for a gross increase of $487,200 as detailed in the body of this ordinance; and providing that this ordinance shall become effective 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 22nd day of May, 2016, 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. COUNCIL MEMBER GARNER MOVED TO OPEN THE PUBLIC HEARING AND ALLOW ALL INTERESTED PERSONS FULL AND FAIR OPPORTUNITY TO BE HEARD. MOTION WAS SECONDED BY COUNCIL MEMBER LOPEZ, ALL VOTING AYE. Chair White was not present when this vote was taken. There being no persons appearing to be heard, COUNCIL MEMBER LOPEZ MOVED THE PUBLIC HEARING BE CLOSED. MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Chair White was not present when this vote was taken. ON A MOTION BY COUNCIL MEMBER GARNER AND SECONDED BY COUNCIL MEMBER LOPEZ, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2016-26 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, AND ACTING CHAIR BLAIR. VOTING NO – NONE. Chair White was not present when this vote was taken. The Acting 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. Resolution 2016-18, a resolution of the City Council of Ogden City, Utah authorizing the issuance and sale of not more than $64,000,000 aggregate principal amount of Sewer and Water Revenue and Refunding Bonds, Series 2016 A memo from the City Treasurer came before the Council to receive public input regarding a resolution authorizing the issuance and sale of not more than $64,000,000 aggregate principal amount of Sewer and Water Revenue and Refunding Bonds, Series 2016. The memo stated that based on the recommendations of the City’s financial advisors, Lewis Young Robertson, & Burningham, Inc. (LYRB), the Administration is requesting the Council issue bonds in an amount of up to $64 million to allow the refunding of a portion of the 2008 Series Sewer and Water Revenue Bonds and the 2009 Series Sewer and Water Refunding Bonds, and to provide an additional $17M for Water Utility capital projects.. Treasurer Johnson summarized the memo and stated on May 17, 2016 the City Council adopted Resolution 2016-18 authorizing the refunding of a portion of the 2008 Series and 2009 Series Sewer and Water Revenue and Refunding Bonds and issuing an additional $17 million in bonds to complete Water Utility capital projects. The resolution set a public hearing for June 7, 2016 to accept public input on the bond refunding and new issue. The $17 million in new funding will be used for Water Utility capital projects outlined in the Master Plan. The Water Utility will also use $860,420 from retained earnings toward completion of the projects. This includes projects related to distribution and fire flow, pipe replacement and intake improvements, acquisition of a pump station and well field, and other related projects. The 2016 bond issue is not to exceed $64 million. The City’s bond counsel has estimated the savings associates with the bond refunding action to be in excess of $3 million in net present values and over $5 million for the life of the bond issue. Since the refunding reduces the cost of existing debt service, no rate increase above the consumer price index increase will be needed to facilitate the required debt service coverage. It makes economic sense to include these projects with the refunding transaction described as it provides economies of scale relative to the financing costs and both transactions benefit by increasing the offering size which attracts more potential investors to buy the bonds. The final maturity dates for the refunded bonds will not extend beyond the original maturity date of the bond; the 2008 bonds have a maturity date of 2038 and the 2009 bonds will mature in 2024. It is anticipated that the portion of the bonds used to finance these new projects will be amortized on a level debt service basis over a period not to exceed twenty‐five years. Pursuant to State law, Council action is required to authorize the issuance of bonds both for refunding purposes as well as for the ‘new money’ portion of the bonds. No action is needed this evening unless the Council decides against issuance of the $17 million in new funds. Acting Chair Blair called for a motion to open a public hearing on proposed Resolution 2016-18, entitled: “A resolution of the City Council of Ogden City, Utah (The “Issuer”) , authorizing the issuance and sale of not more than $64,000,000 aggregate principal amount of sewer and water revenue refunding bonds, series 2016; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of public hearing and bonds to be issued; providing for the running of a contest period; authorizing the execution by the issuer of a supplemental indenture, a bond purchase agreement, and other documents required in connection therewith; approving an official statement; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution; and related matters.” The Chief Deputy City Recorder presented written notice of said hearing and affidavit of the publication in the Standard- Examiner on the 22nd day of May, 2016, specifying the time and place of this meeting as the time and place when and where the proposed resolution would be given a public hearing and be considered for final passage. The proof of publication was accepted and filed. COUNCIL MEMBER NADOLSKI MOVED TO OPEN THE PUBLIC HEARING AND ALLOW ALL INTERESTED PERSONS FULL AND FAIR OPPORTUNITY TO BE HEARD. MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Chair White was not present when this vote was taken. There being no persons appearing to be heard, COUNCIL MEMBER GARNER MOVED THE PUBLIC HEARING BE CLOSED. THE MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Chair white was not present when this vote was taken. Proposed Ordinance 2016-32 amending Subsection 15-38-5.T to amend commercial zone uses to exclude truck terminals as a conditional use A memo from the Community and Economic Development Department regarding an ordinance excluding truck terminals as a conditional use in commercial zones came before the Council for consideration. The memo stated in 2005 the Utah State Legislature made significant changes to the standards cities could use to make determinations on the approval or denial of conditional uses. These changes have made the denial of a conditional use much more difficult. As a result, Ogden continually reviews its zoning ordinance to identify conditional uses that may not be appropriate in certain zones. In reviewing the City’s C-3, or Regional Commercial Zone, it has been determined that the truck terminal use is not an appropriate use even as a conditional use. The proposed amendment would eliminate the truck terminal use from the list of allowable uses in the C-3 Zone. Truck terminals remain an allowable use in some of the City’s manufacturing zones. Deputy Planning Manager Spencer summarized the memo and used the aid of a PowerPoint presentation to provide additional information regarding the Planning Commission’s proposal to exclude truck terminals as a conditional use in commercial zones. He noted a truck terminal is a facility generally used by a motor freight company to dispatch, transfer, receive or ship goods by truck and where the vehicles are stored. He stated there are specific concerns about allowing truck terminals in the C-3 Zone of the City; when truck terminals were initially established as a conditional use, the law at the time allowed for denial of the use in specific locations; however, present Utah State law means that ‘conditional’ uses are permitted with conditions to mitigate impact; uses cannot be denied unless the impacts cannot be mitigated. Most C-3 parcels are located along Washington Boulevard, Five Points, Wall Avenue and 36th Street; these are large parcels of land with high visibility that makes them viable for other commercial uses. Truck terminals are not currently allowed in the M-1 zone. He concluded the Planning Commission’s recommendation is to exclude truck terminals as a conditional use in the C-3 Zone and permit the use in the M-2, DDR, and OICP Zones. There are no existing truck terminals that would be impacted by the adoption of the ordinance.  Acting Chair Blair introduced in writing proposed Ordinance 2016-32, entitled: “An ordinance of Ogden City, Utah, amending the Ogden Municipal Code by amending Subsection 15-38-5.T to amend commercial zone uses to exclude truck terminals as a conditional use; and by providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the Chief Deputy City Recorder and ordered that the City Recorder have at least one copy available for public inspection in her office during all business hours. Acting Chair Blair then called for public input regarding the proposed ordinance. No persons came forward to be heard regarding this matter. ON A MOTION BY COUNCIL MEMBER GARNER AND SECONDED BY COUNCIL MEMBER HYER, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2016-32 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, AND ACTING CHAIR BLAIR. VOTING NO – NONE. Chair White was not present when this vote was taken. The Acting Chair signed the ordinance as passed and adopted and the Acting 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. Public Comments Bob Sawatski, 762 Liberty Avenue, stated he made a presentation to the Council last month regarding a bike plan and he thanked the Council for consideration of his proposal. Following the meeting the tree that had blown over blocking a portion of the existing bike path was cleared as promised by Chief Administrative Office Johnson. Also, he and Council Executive Director Cook were featured in a news piece by Channel Four news regarding bicycling. It discussed branding of Ogden and the City’s new Bicycle Master Plan. He indicated he appreciates the work being done to improve Liberty Park; it now includes a 10-foot wide bike path, which contributes to completion of one of the five blocks on the bike boulevard. He attended a public open house last week regarding the Oak Den Urban Renewal Project Area and spoke with Community and Economic Development Deputy Director Cooper and he feels that Madison Avenue could be included in the project area as it is adjacent to the proposed boundary. He concluded there was another wind storm yesterday and another large tree blew over onto Madison Avenue; the block has been neglected since 1982 and it is easy for trees to blow over. He inquired as to when the next open house relative to the Oak Den project will be held. Mr. Johnson stated an additional open house has not been scheduled yet, but once one is scheduled it will be publicly advertised. He then reported the Mayor is on vacation with his family this week and that is the reason for his absence this evening. Council member Comments Council member Garner thanked Public Services Director Lowder and his staff for their assistance in cleaning 24th Street for recent events that were held over the past week. Council member Nadolski thanked City Administration for the Oak Den open house event; it was very informational and was a great opportunity for citizens to have genuine dialogue with City staff. Council member Lopez thanked Mr. Johnson for his support of grant writing efforts to establish a boxing facility to support boxing programs in Ogden; this is something that is very important to many in the community. There being no further business to come before the Council, COUNCIL MEMBER GARNER MOVED THE MEETING ADJOURN AT 6:53 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Chair White was not present when this vote was taken. ________________________________________ LEE ANN PETERSON, MMC CHIEF DEPUTY CITY RECORDER ________________________________________ BART E. BLAIR, ACTING CHAIR APPROVED: September 13, 2016  Minutes of Special Meeting of Redevelopment Agency of Ogden City, Utah, June 7, 2016 Page Minutes of the Special Meeting of the Ogden City Redevelopment Agency held on Tuesday, June 7, 2016 at 6:54 p.m., in the Board Chambers on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Acting Chair Bart E. Blair Board members Neil K. Garner Richard A. Hyer Luis Lopez Ben Nadolski Doug Stephens Excused: Chair Marcia L. White Board Administrator Bill Cook Board Deputy Administrator Janene Eller-Smith Board Policy Analyst Glenn Symes Communications Specialist Brittany Griffin Also present: Chief Administrative Officer Mark Johnson City Attorney Gary Williams Comptroller Lisa Stout City Treasurer Brandee Johnson Deputy Finance Manager Camille Cook Chief Deputy Recorder Lee Ann Peterson Approval of Minutes Board member Garner stated he had reviewed the minutes of the work session of February 16, 2016 and the joint study session and regular meeting of March 8, 2016 and found them to be accurate to the best of his recollection. BOARD MEMBER GARNER THEN MOVED TO APPROVE THE MINUTES AS PRESENTED. MOTION WAS SECONDED BY BOARD MEMBER HYER, ALL VOTING AYE. Chair White was not present when this vote was taken. Proposed Resolution 2016-14 amending the budget for the Fiscal Year July 1, 2015 to June 30, 2016 by increasing the anticipated revenues for a gross increase of $22,271,000 A memo from Board staff regarding a proposed amendment to the FY2016 budget came before the Board for consideration. The memo stated the Board is asked to consider setting a public hearing on a resolution authorizing year-end budget amendments totaling $22,271,000. The purpose of this action is to recognize and appropriate additional funds in the Redevelopment Agency budget, including an appropriation for the bond refunding that occurred in February 2016. Acting Chair Blair then introduced in writing proposed Resolution 2016-14, entitled: “A resolution of the Ogden City Redevelopment Agency amending the budget for the Fiscal Year July 1, 2015 to June 30, 2016 by increasing the anticipated revenues for a gross increase of $22,271,000 from sources as detailed in the body of this resolution; and increasing the appropriations for a gross increase of $22,271,000 as detailed in the body of this resolution.” A copy of the proposed resolution was deposited with the Chief Deputy City Recorder and ordered that the City Recorder have at least one copy available for public inspection in her office during all business hours. The proposed resolution was then read by long title. BOARD MEMBER HYER MOVED A PUBLIC HEARING ON THE PROPOSED RESOLUTION BE HELD IN THE BOARD CHAMBERS ON JUNE 21, 2016, DURING THE REDEVELOPMENT AGENCY MEETING TO BE HELD AT 6:00 P.M. AND THAT THE CITY RECORDER BE DIRECTED TO PROVIDE NOTICE AS REQUIRED BY LAW. MOTION WAS SECONDED BY BOARD MEMBER GARNER, ALL VOTING AYE. Chair White was not present when this vote was taken. Proposed Resolution 2016-12 adopting the annual budget for Fiscal Year 2016-2017 A memo from Board staff came before the Board to consider a resolution adopting the Redevelopment Agency (RDA) annual budget for Fiscal Year 2016-2017. The memo stated each year the Mayor, serving as Executive Director of the Redevelopment Agency, presents the budget at the first meeting in May as required by state law. State law also requires that the annual budget be adopted not later than June 22. The Redevelopment Agency Board is comprised of all members of the Ogden City Council as Board members. The RDA is funded primarily through tax increment received from the various redevelopment districts. A contribution to the General Fund covers services provided to the RDA by City Administrative staff. There is a $2,259,125 reduction in the total budget when compared to FY2016; this is due to the expiration of three Redevelopment Areas in 2015:  St. Benedict Manor Redevelopment Project Area  Union Gardens Redevelopment Project Area  Washington Boulevard Redevelopment Project Area New redevelopment areas currently being considered (Oak Den and Adams Urban Renewal Areas (URAs)), and if approved, would not generate revenues until Fiscal Year 2018. Board Deputy Director Eller-Smith summarized the memo and used the aid of a PowerPoint presentation to provide additional information regarding the proposed budget. She noted the RDA oversees 13 redevelopment areas, one urban renewal area (URA), five economic development areas (EDA), and one community development area (CDA). She indicated that three redevelopment areas expired in 2015 and she provided a comparison of the RDA FY2016 and proposed FY2017 budgets to express the impact the expiration of these areas has on the budget. She then noted the three major redevelopment areas in Ogden City are the West 12th EDA, the Central Business District (CBD) Mall RDA, and the DDO EDA; these areas account for 10.51 percent, 21.80 percent, and 31.73 percent of Agency revenues, respectively. She stated the West 12th EDA will expire in 2016 as will the Hinckley Drive Redevelopment Area. She then concluded there are no changes to the proposed RDA budget since it was initially accepted by the Board. Acting Chair Blair called for a motion to open a public hearing on proposed Resolution 2016-12, entitled: “A resolution of the Board of Directors of the Ogden City Redevelopment Agency adopting the annual budget for Fiscal Year 2016-2017 as required by Section 17C-1-601, Utah Code Annotated, 1953.” The Chief Deputy City Recorder presented written notice of said hearing and affidavit of the publication in the Standard- Examiner on the 22nd day of May, 2016, specifying the time and place of this meeting as the time and place when and where the proposed resolution would be given a public hearing and be considered for final passage. The proof of publication was accepted and filed. BOARD MEMBER GARNER MOVED TO OPEN THE PUBLIC HEARING AND ALLOW ALL INTERESTED PERSONS FULL AND FAIR OPPORTUNITY TO BE HEARD. MOTION WAS SECONDED BY BOARD MEMBER HYER, ALL VOTING AYE. Chair White was not present when this vote was taken. There being no persons appearing to be heard, BOARD MEMBER HYER MOVED THE PUBLIC HEARING BE CLOSED. THE MOTION WAS SECONDED BY BOARD MEMBER GARNER, ALL VOTING AYE. Chair White was not present when this vote was taken. BOARD MEMBER GARNER MOVED THE RESOLUTION BE ADOPTED, AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY BOARD MEMBER HYER, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – BOARD MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, AND ACTING CHAIR BLAIR. VOTING NO – NONE. Chair White was not present when this vote was taken. There being no further business to come before the Board, BOARD MEMBER HYER MOVED THE MEETING ADJOURN AT 7:01 P.M. MOTION WAS SECONDED BY BOARD MEMBER GARNER, ALL VOTING AYE. ________________________________________ LEE ANN PETERSON, MMC CHIEF DEPUTY CITY RECORDER ________________________________________ BART E. BLAIR, ACTING CHAIR APPROVED: September 6, 2016  Minutes of Special Meeting of Municipal Building Authority of Ogden City, Utah, June 7, 2016 Page Minutes of the Special Meeting of the Ogden City Municipal Building Authority held on Tuesday, June 7, 2016 at 7:02 p.m., in the Council Chambers on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Acting Chair Bart E. Blair Trustees Neil K. Garner Richard A. Hyer Luis Lopez Ben Nadolski Doug Stephens Excused: Chair Marcia L. White Board Administrator Bill Cook Board Deputy Administrator Janene Eller-Smith Board Policy Analyst Glenn Symes Communications Specialist Brittany Griffin Also present: Chief Administrative Officer Mark Johnson City Attorney Gary Williams Comptroller Lisa Stout City Treasurer Brandee Johnson Deputy Finance Manager Camille Cook Chief Deputy Recorder Lee Ann Peterson Proposed Resolution 2016-1 adopting the annual budget for Fiscal Year 2016-2017. A memo from Board staff came before the Board to consider a resolution adopting the annual Municipal Building Authority budget for Fiscal Year 2016-2017. The memo stated every year the Mayor, as President of the Municipal Building Authority (MBA), presents the tentative budget at the first Authority meeting in May as required by law. This budget must be adopted by June 22, 2016. The Municipal Building Authority was created as a nonprofit corporation on November 17, 1992 under the authority of the Utah Nonprofit Corporation and Co-operative Association Act and the Utah Municipal Building Authority Act. The purpose of the Authority is to acquire, improve or extend one or more projects and to finance the costs on behalf of the City. The Governing Board of the Authority is comprised of all members of the Ogden City Council as Trustees. The current proposal is to adopt the proposed FY2017 budget totaling $550,475. The revenues are comprised of interest and lease payments paid by the using departments. Expenses are $549,275 for debt service, $1,200 for insurance and fees. Board Deputy Administrator Eller-Smith summarized the memo and used the aid of a PowerPoint presentation to provide the Board with additional information regarding the proposed budget. She offered a comparison between the adopted FY2016 and the proposed FY2017 budgets and noted the total change is a decrease of $5,000 in the fund balance. There have been no changes made to the budget since it was originally presented to the Board for review. Acting Chair Blair called for a motion to open a public hearing on proposed Resolution 2016-01, entitled: “A resolution of the Board of Trustees of the Ogden City Municipal Building Authority adopting the annual budget for Fiscal Year 2016-2017.” The Chief Deputy City Recorder presented written notice of said hearing and affidavit of the publication in the Standard- Examiner on the 22nd day of May, 2016, specifying the time and place of this meeting as the time and place when and where the proposed resolution would be given a public hearing and be considered for final passage. The proof of publication was accepted and filed. COUNCIL MEMBER HYER MOVED TO OPEN THE PUBLIC HEARING AND ALLOW ALL INTERESTED PERSONS FULL AND FAIR OPPORTUNITY TO BE HEARD. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. Chair White was not present when this vote was taken. There being no persons appearing to be heard, COUNCIL MEMBER GARNER MOVED THE PUBLIC HEARING BE CLOSED. THE MOTION WAS SECONDED BY COUNCIL MEMBER HYER, ALL VOTING AYE. Chair White was not present when this vote was taken. COUNCIL MEMBER LOPEZ MOVED THE RESOLUTION BE ADOPTED, AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY COUNCIL MEMBER HYER, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, AND ACTING CHAIR BLAIR. VOTING NO – NONE. Chair White was not present when this vote was taken.  There being no further business to come before the Council, TRUSTEE LOPEZ MOVED THE MEETING ADJOURN AT 7:05 P.M. MOTION WAS SECONDED BY TRUSTEE HYER, ALL VOTING AYE. ________________________________________ LEE ANN PETERSON, MMC CHIEF DEPUTY CITY RECORDER ________________________________________ BART E. BLAIR, ACTING CHAIR APPROVED: October 28, 2016