City Council

Minutes of Joint Session of Council of Ogden City, Utah, August 16, 2016 Page Minutes of the Joint Work Session of the Ogden City Council, also acting as the Redevelopment Agency and Municipal Building Authority, held on Tuesday, August 16, 2016 at 3:31 p.m., in the Council Work Room on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Chair Marcia L. White (participated via telephone) Acting Chair Bart E. Blair Council members Neil K. Garner (arrived at 3:33 p.m.) Richard A. Hyer Luis Lopez Ben Nadolski (arrived at 3:43 p.m.) Doug Stephens Council Executive Director Bill Cook Council Deputy Director Janene Eller-Smith Council Policy Analyst Glenn Symes Council Policy Analyst Amy Sue Mabey Communications Manager Brittany Griffin Also present: Mayor Michael P. Caldwell Chief Administrative Officer Mark Johnson Arts Coordinator Diane Stern Arts Senior Project Coordinator Lori Buckley Deputy Community Development Manager Ward Ogden Public Services Director Jay Lowder Community and Economic Development Deputy Director Brandon Cooper Planning Manager Greg Montgomery Public Utilities Manager Kenton Moffett Management Services Director David G. Buxton Comptroller Lisa Stout Deputy Comptroller Camille Cook City Treasurer Brandee Johnson Assistant City Attorney Mark Stratford Deputy City Recorder Abbie Hufstetler Arts Consultant Jake McIntire The purpose of the Joint Work Session is to review the agendas for the City Council, Special Redevelopment Agency, and Special Municipal Building Authority meetings scheduled to begin at 6:00 p.m.; review the Art Master Plan Vision; discuss the FY2017 Arts Grants; and discuss Council and Board 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. Art Master Plan Vision Mr. Cook explained Ogden City is currently undergoing the process of developing an Arts and Culture Master Plan. This includes identifying and evaluating all existing assets, public outreach and the creation of a vision that will be used to inform and guide future Arts and Culture initiatives. The City began developing the Arts and Culture Master Plan in April 2015. This Plan is intended to provide a framework for future arts and cultural initiatives in the City and to accomplish two objectives in the City’s General Plan:  Continuing the establishment of a strong leadership role for Ogden City to promote public art; and  Encouraging the development of a strong local arts community. Jake McIntire, an independent consultant, has been hired to facilitate this process and work with community members to develop this plan. Efforts have also been made to align this process with the diversity initiative, City branding and other projects currently underway. Mr. McIntire used the aid of a PowerPoint presentation to provide the Council with an update regarding the progress that has been made to develop a Master Plan for Arts and Culture. He asked that throughout his presentation the Council think about why a Master Plan for Arts and Culture is important for the community. The process to develop the Plan began with a value based approach. Those working on the Plan thought about the community as a whole and the value of the community rather than focusing on specific projects. The Plan is intended to help accomplish the goals and values of the community, improve its vibrancy, and create a robust and creative economy. He discussed public engagement in the project thus far, which has included:  Two Public Input Sessions  Two Public Input Survey Rounds  One-on-one conversations with Community Representatives  Vision Session with Ogden City Arts Advisory Committee  Goals Session with Arts Advisory Committee  Brief presentation to City Council  Four Strategies Sessions  Presentation to Diversity Connections group Mr. McIntire then reviewed a model that is typically used for visioning and strategic planning and he summarized the goals that have been identified as well as the strategies developed to aid in reaching the goals. Yet to be defined are the actions to accomplish the strategies and goals. Four additional public engagement events will be held to help dive into the actions – which will be specific projects and arts events that will help meet the strategies, goals, and the overall vision statement. This will help all parties understand the order in which goals can be accomplished and how to be most effective and efficient in achieving the overall vision. He asked that the Council consider their vision for Arts and Culture in the City. Council Policy Analyst Mabey inquired as to the next steps in the process and at what point the Council may have the opportunity to consider the Plan in its entirety. Mr. McIntire responded the next steps are to schedule the four public engagement sessions, after which he and the committee will work to develop the Plan and how it should be implemented. Arts Coordinator Stern added that the committee has been working to develop an asset map that identifies the existing art throughout the community and what additional art should be provided to meet the goals that have been set. Mr. McIntire stated he would also like to begin compiling a master list of artists in the community for inclusion in the Plan. Council member Stephens asked how the value and effectiveness of the Plan will be measured. Mr. McIntire stated that once actions are identified and executed, it will be easier to measure their effectiveness. However, he is also measuring success based upon the relationships that are being built as well as the community’s general feeling towards arts and culture. Mr. Cook facilitated a discussion among the Council regarding the creation of a vision for the Arts and Culture Master Plan. Council member Stephens stated art is a big umbrella that encompasses a lot of different techniques. We have individuals locally who are professionals. He added we should cultivate pride in our city by allowing local artists and professionals to be successful. Education is something important to look at and we need to make sure the Advisory Board is diverse. He agrees this is a good process and feels art is necessary for a community if you want to have a standard of living that can be enjoyed by everyone. Art creates and tells who we are. He stated he is looking for direction and how the City is going to get there. Marketing is an important tool and people need to know about local artists and what galleries are available. Council member Hyer defined art as expressionism. We need to encourage people who do not need resources and want to contribute without anything in return. He thinks a city should be beautiful and inspiring and art should be something that draws people to it. He commented things that inspire and intrigue him are things that move and these things should be in close enough proximity to see just a little bit away. Culture should express who you are and encourage you to share your soul with folks. He feels Ogden has excelled in the “Twilight” series and the people who live in our community have created an organic movement that we need to fertilize. He concluded we should investigate ways to let people show their artistic side and provide a stage to put it on. Council member Nadolski stated this Plan needs to be organic and not too rigid, which is based upon people’s feelings after experiencing art. He would love for this Master Plan to not be closely tied to politics and policies, but to be much more organic in nature. He likes the tie with art and economic development; we need a mechanism that has flexibility to jump on opportunity while also identifying and moving to where we want to go. He added there is a significant contrast between city created art and naturally occurring art; recognition and honoring diversity is one of the most important elements of this Plan. We need to make sure diverse groups are able to provide feedback and help in the decision making process. He stated he is not the most artistic person but he recognizes when things move him. He has learned the importance of the difference between diversity and inclusion. We are diverse but if diverse individuals are not at the table making decisions then we are not inclusive. He commented we need to support the bright spots and help artists be able to focus their energy on art not bureaucracy. We can create a space where artists can come together and work off one another. He concluded the ultimate measure of our success is how we make people feel. Mayor Caldwell stated an ecosystem is what makes sense; it is a personal self-expression. There needs to be a space for all of it so we may allow people to be themselves. He commented we have an opportunity to be a thriving and unique arts community and inspire people to do things that create art. He has been thinking about what the City can actually assist with and control by identifying resources and marketing. He mentioned people like Sammy Brue and Joe McQueen who helped to drive this vision. We want to make sure we create gathering places where people can come together and have creative collusions. The City can create a really fertile place where people can come and grow organically. He added you cannot control and force a lot of this vision on people, but we need to focus on the items that we can and do everything to keep this plan going. He encouraged everyone to continue to get people together and create environments where people feel supported and know how to access resources. Council member Lopez asked if culinary arts has come up. He commented it is very important to the Hispanic culture. He feels the City needs to have a community kitchen or incubator kitchen and stated it is important to bring people to the table and to the decision making process. Among the Hispanic population there are a lot of subgroups and he thinks it is very important that those voices are heard. He stated he has a lot of ideas and thoughts to help reach out to people in Ogden and he would love to share his thoughts. He concluded what is happening now is great and what has already happened is also great. Council member Blair stated this Plan should be the center of our community for art and where people in our county should come. He shared a story about a young man who expressed to him that is why he came to Ogden City. The City should be a welcoming community for those artists and he does not always recognize art until he sees it. He added the more opportunities for people to see and recognize art, the more it will enhance the vibrancy and quality of life for our citizens; this creates a positive view of our community. He stated he does not think we can ever have enough art and more quality is always better. If you asked all of our residents about art they might not agree on what art is, but he thinks they would all agree they want art. He concluded our role is to facilitate and a city should be beautiful; art and culture help to beautify our city. Chair White stated we need to make sure we are expanding ages to include not just children, but also adults at various ages. She appreciates that no decision is a decision and this proactive approach shows the importance of art. She shared a story about a family member that was here visiting a couple of weeks ago and when they were walking down 25th Street there was a gentleman playing the piano. Their perception was that the individual was hired to play and entertain people even though they were not. She commented art brings an economic development drive and one of the things the Council does is create policy and set funding and financing. Through this mechanism the Council can best support these efforts. Council member Garner asked how do we want art in all of our planning and encouraged the Council to take this into consideration. He suggested asset mapping where a lot of things could be added like an area “Historic Eccles or Historic 25th Street.” He feels the City needs to focus on history, culture, the railroad, etc. All of these have value in our community and were the organic beginning of our community. He added the City should have a little piece of art in all that we do and we have learned the definition for art is very broad. Some of the art in Ogden has been from the Mayor’s art awards. We have a large representation of arts. He concluded the Council and City needs to look at how we feel and help others to feel that about Ogden. Mr. McIntire encouraged the Council to think about economic impacts of the Arts Master Plan. Ogden is the regional hub and should be considered the epicenter for arts in the region. He added marketing and connecting to independent artists is also connecting with high-level artists. There is a lot of relationship building occurring to help network and work closely with local artists. He concluded one strategy is to create more opportunities for people to “bump” into art. Ms. Buckley added putting art out in the open creates a really positive vibe and makes art much more accessible to the public. Ms. Stern commented we should integrate art into our everyday lives. Regionally and state-wide we are underfunded in the arts. She stated our human resources need to be placed in a venue where they are recognized and there are a lot of pieces that feed together. She responded to council member’s comments regarding more diversity and stated the City can work on having more diversity on the Arts Review Committee. She feels inclusivity is important and would like to see elementary education and someone from the School Board be part of that committee. She concluded art is an identifier that is a representative of our community and a signature that people see and recognize. She suggested the City create an arts corridor or places where people can gather. Ms. Stern then provided the Council with an overview of examples of quality Master Plans used in other communities. She focused on the successes of those plans in other communities, but noted that Ogden City is unique and it is necessary to recognize and honor in the Plan the diversity that exists here. Mr. McIntire agreed and stated he would like to format the City’s Master Plan in a way that is similar to what has been used in other communities, but he wants to simplify it to make it more clear and concise, which should allow for it to be used as a marketing campaign for Ogden City. Assistant City Attorney Stratford provided the Council with an explanation of the definition of arts and culture. The section of Utah State Code relative to creation of a general plan indicates that the plan may provide for health, general welfare, safety, energy conservation, transportation, prosperity, civic activities, aesthetics, and recreational, educational, and cultural opportunities. The Land Use and Development Management Act (LUDMA) of the State of Utah anticipates some level of participation in cultural opportunities, but that is left to be defined by each city’s governing body. One thing some communities choose to focus on through their arts and culture is the origin or history of a community. He stated Portland, Oregon defines culture as follows: “Culture is used in a context of expressing and celebrating the values of different communities, groups, or people…a facility, program, or business at whose core is animating the culture and serving the arts, design, tourism, festivals, open space, and civic based events”. He encouraged the Council to consider what makes Ogden what it is. The current General Plan of the City makes some reference to culture as it provides support to multi-cultural food and craft festivals in addition to public art, as well as the development of community and ethnic centers and programs to recognize diversity. He stated he envisions art as something that tells the story of the City and he wondered if the Council may want to focus on one certain aspect of art over others. The Council then participated in brainstorming with Mr. McIntire, Ms. Stern, Mayor Caldwell, and Council staff regarding appropriate elements of the Master Plan and development of a vision statement for the Plan. There was focus on the diversity in Ogden and the community at large and providing for representation of each of the different cultures, ethnicities, and age groups in the City. At the conclusion of the brainstorming session, Mr. Cook noted that Council staff will work with Mr. McIntire, Ms. Stern, and the other committee members that have been working on the Arts and Culture Master Plan to this point to incorporate the recommendations made by the Council into any future proposal that the Council will see regarding the project. FY2017 Arts Grants Ms. Stern explained City Administration, along with the Ogden City Arts Advisory Committee, has submitted its recommendation for arts grants for Fiscal Year (FY) 2017. A grant review sub-committee was assembled to review the 20 applications that were received this year. They formed a grading system to measure each grant application equally using specific grant criteria. The scores were used to rank the grant applications in both the General Support and Project Support categories. The sub-committee, along with Administration is recommending that each organization receive funding at some level. She noted that there is no longer a requirement that project support grants only be offered to 501(c)3 entities, which has allowed for more applicants to be considered for grant funding. Council Policy Analyst Mabey explained that the Ogden City Arts ordinance outlines the totals that should be recommended for both General Support and Project Support grants. The ordinance calls for up to 40% of the grant funding to go to General Support leaving the remaining 60% for Project Support. With this year’s allocation of $70,000, the General Support category would allow up to $28,000 in grant awards with the Project Support category taking the remaining $42,000. The reason for this is that the City believes that these grants should be more focused on developing arts projects and programs rather than maintaining or supplementing arts organizations for a long period of time. Because there was $46,450 more funding requested in General Support than in Projects Support, and all of the applications in Projects Support are at or near full funding, this differs from the recommendations included in city ordinance. However, the ordinance does allow the City Council to approve more than 40% of funding in the General Support category. Ms. Stern stated the Arts Advisory Committee has taken into consideration the Council’s desire to use the majority of arts grants funding for project support and that general support has a lower priority. Council member Lopez asked who can apply for grant funding if the City no longer requires applicants to be a registered 501(c)3 entity. Ms. Stern answered that any organization or individual who plans to complete an art project can apply for funding. Ms. Stern referenced the list of arts grant recommendations included in the Council packet and noted the award recommendations are fairly consistent with what has been provided over the past several years. Council member Nadolski stated that in reviewing the list of recommended grant awards, it appears that it would take a reasonably small adjustment – approximately $5,000 – to fully fund all project support requests. Ms. Stern reiterated that the award recommendations are fairly consistent with what has been provided in the past, though the amounts requested by certain entities was much larger this year than in past years. Ms. Mabey noted that the budget currently includes $70,000 for arts grants, but if the Council would like to increase the allocation for arts grants that is within their purview. Council member Nadolski stated he is not inclined to adjust the funding allocation and the award recommendations of City Administration. Chair White agreed. Discussion centered on the scope of a few of the projects that will receive funding, as well as the efforts of City Administration to market the availability of the grants and increase the applicant pool. Ms. Mabey reviewed the schedule for proceeding with formal consideration of City Administration’s award recommendations, noting final action can take place at the October 4, 2016 City Council meeting. The meeting recessed at 5:25 p.m. and reconvened at 5:31 p.m. Council Business Communications Update: Council Communications Manager Griffin used the aid of a PowerPoint presentation to provide an update regarding recent communications efforts of the Council and Council staff. Upcoming events include the New Bridge School opening, employee picnic, Tracy Hall Science Center ribbon cutting, Wildcat Block Party, College Colors Day, One Million Cups event for entrepreneurs, and Weber State University (WSU) Homecoming Week. She noted all event details are included in the Council event calendar. She then stated several items have been promoted recently through the Council’s social media feeds, including the Fire Station Three Open House event, the Real Men Can Cook event, Pioneer Days, consideration of the FY2017 budget, various recognitions, and the National Night Out Against Crime. The Council’s Facebook page has 139 additional likes, Twitter followers has increased to 998, and there were 17,893 Google plus views. She discussed the branding project that the City has been working on recently and provided the Council with an update regarding the progress of that project. She distributed a style guide that is being used by the brand consultant and reviewed the primary and secondary color palettes, graphic elements, and the proposed action plan. Current recommendations include creation of a public plaza and marketplace, wayfinding and beautification, community building, and a public relations and marketing strategy. Final adoption of a brand is scheduled for September 6, 2016 following the final presentation of the brand consultant. The Council will be asked to consider a joint resolution with the Mayor that will adopt the style guide and action plan. Additional action can be taken to provide for ordinance updates associated with the new brand. She concluded by reviewing the communications plan for the Diversity Charter signing event, which is scheduled for September 13, 2016. She solicited feedback from the Council regarding the communications plan and indicated she will incorporate the recommendations of the Council into the finalized plan. Mr. Cook added that Council staff is compiling a list of people that will be personally invited to attend the meeting during which the Diversity Charter will be signed. He encouraged the Council to notify Council staff if there are additional people they would like to have invited. This led to a discussion regarding the creation of a diversity commission and the process City Administration will follow to nominate appointees for the commission. Recreation Arts Museum and Parks (RAMP) Grants: Ms. Mabey provided the Council with documentation regarding the County’s RAMP grant program. Each year the Council discusses potential projects for which the City will apply for RAMP funding and she asked the Council to be thinking of projects to be submitted to City Administration for consideration this year. City Administration will then consider those projects along with other needs in the community and provide a final RAMP grant recommendation. The Council will then rank the Administration’s list of proposed RAMP grant projects before adopting a joint resolution in December 2016 outlining the Council’s priorities. These recommendations will then be provided to the RAMP Board. The meeting adjourned at 5:58 p.m. ________________________________________ ABBIE HUFSTETLER DEPUTY CITY RECORDER ________________________________________ BART BLAIR, ACTING CHAIR APPROVED: October 25, 2016  Minutes of Regular Meeting of Council of Ogden City, Utah, August 16, 2016 Page Minutes of the Regular Meeting of the Ogden City Council held on Tuesday, August 16, 2016 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 Marcia L. White (participated via telephone) Acting Chair Bart E. Blair Council members Neil K. Garner Richard A. Hyer Luis Lopez Ben Nadolski Doug Stephens Council Executive Director Bill Cook Council Deputy Director Janene Eller-Smith Council Policy Analyst Glenn Symes Council Policy Analyst Amy Sue Mabey Communications Manager Brittany Griffin Also present: Mayor Michael P. Caldwell Chief Administrative Officer Mark Johnson City Attorney Gary Williams Community and Economic Development Director Tom Christopulos Community and Economic Development Deputy Director Brandon Cooper Planning Manager Greg Montgomery Community Development Manager Ward Ogden Management Services Director David G. Buxton Comptroller Lisa Stout City Treasurer Brandee Johnson Public Services Director Jay Lowder Public Utilities Manager Kenton Moffett Deputy City Recorder Abbie Hufstetler At the request of the Chair, all present stood and recited the Pledge of Allegiance led by Council member Nadolski. A moment of silence was observed. COUNCIL MEMBER HYER MOVED TO AMEND THE AGENDA BY MOVING THE REQUEST TO BE ON THE AGENDA TO THE END OF THE MEETING. MOTION WAS SECONDED BY COUNCIL MEMBER NADOLSKI, ALL VOTING AYE. Acting Chair Blair also announced that consideration of convening into a Closed Executive Session has been removed from the agenda. Consideration of a reappointment to the Parks and Recreation Advisory Committee A letter from Mayor Caldwell requesting consideration of the reappointment of Sara Yearsley to the Ogden Parks and Recreation Advisory Committee came before the Council for consideration. COUNCIL MEMBER GARNER MOVED TO APPROVE THE REAPPOINTMENT OF SARA YEARSLEY TO THE PARKS AND RECREATION ADVISORY COMMITTEE, WITH HER TERM TO EXPIRE MARCH 30, 2019. MOTION WAS SECONDED BY COUNCIL MEMBER NADOLSKI, ALL VOTING AYE. Consideration of appointments and position changes to the Ogden Trails Network Committee A letter from Mayor Caldwell requesting consideration of the appointments of Shad Burnham, Adam Corliss, Aric Manning, Sunny Hayes, and Kevin Brown and the position changes of Ron Thomburg, Ben Chournos, Mike Joseph, Jerome Berg, David Owen, and Sara Yearsley to the Ogden Trails Network Committee came before the Council for consideration. COUNCIL MEMBER GARNER MOVED TO APPROVE THE APPOINTMENTS OF SHAD BURNHAM, ADAM CORLISS, ARIC MANNING, SUNNY HAYES, AND KEVIN BROWN AND THE POSITION CHANGES OF RON THOMBURG, BEN CHOURNOS, MIKE JOSEPH, JEROME BERG, DAVID OWEN, AND SARA YEARSLEY TO THE OGDEN TRAILS NETWORK COMMITTEE, WITH THEIR TERMS TO EXPIRE JUNE 30, 2018. MOTION WAS SECONDED BY COUNCIL MEMBER NADOLSKI, ALL VOTING AYE. Proposed Ordinance 2016-47 vacating a portion of the south side of 25 th Street between A Avenue and D Avenue and vacating a portion of the north side of 25 Street between B Avenue and D Avenue th A memo from the Community and Economic Development Department regarding a proposed street vacation came before the Council for consideration. The memo stated the petitioner, Mr. Starkey, submitted a petition to vacate a portion of the 25th Street right-of-way adjacent to property he owns on the corner of 25th Street and D Avenue. Mr. Starkey has indicated that he wishes to build a home on the property and would need the additional lot area to accommodate proper setbacks for the construction of a home. In reviewing the petition, the Planning Division felt that a portion of the 25th Street right-of-way between D Avenue and A Avenue could be vacated as well. The proposal includes both the portion Mr. Starkey is requesting and the additional portion the Planning Division is including. The width of the right-of-way for 25th Street between A Avenue and D Avenue is platted at 99 feet. This 99-foot width was a common dedication width when the plat for this area was approved. Right-of-way widths that size are still common but are generally reserved for larger collector-type roads. Twenty-fifth Street in this area is a neighborhood road and does not need to be this wide. Many times when widths are this size, adjacent property owners are unaware that a large portion of their yard is actually dedicated right-of-way. In this case, the dedication goes well into the yards of the adjacent property owners. Having larger than necessary right-of-way widths can impact things like setbacks for buildings. This has been the case here and is why the petitioner is requesting the street vacation. The current proposal is to vacate 14.5 feet of right-of-way on the north side of 25th Street between D Avenue and B Avenue, and 14.5 feet of right-of-way on the south side of 25th Street between D Avenue and A Avenue. The portion of 25th Street between A Avenue and B Avenue on the north side was vacated in 1996. The resulting vacation would create a right-of-way width of 70 feet for 25th Street between D Avenue and A Avenue in west Ogden. The vacation would not change the existing width or design of the pavement or curb and gutter along this stretch of 25th Street. The memo concluded the proposal was reviewed by the Planning Commission at the June 1, 2016 meeting and a recommendation of approval was forwarded with a 7-0 vote. The Commission made its recommendation with the finding that good cause exists for the vacation, that neither the public nor any person will be materially injured, and that the proposal meets the intent of the provisions of the General Plan. One comment was received at the Planning Commission meeting. Mr. Montole expressed concern about the vacation regarding an existing home. Planning Staff indicated that the vacation would alleviate the problem of the home being built into the right-of-way. Planning Manager Montgomery summarized the memo and used the aid of a PowerPoint presentation to provide additional information regarding the proposed street vacation. He reviewed an aerial photograph to identify the location of the subject property and noted it is the petitioner’s desire to build a home on the corner lot that would be livable. The current lot width is 19.5 feet, which would only accommodate a 24.35-foot-wide home. The requested 14.5-foot vacation would allow a maximum home width of 38.85 feet, which would be similar to other homes along the street. The street vacation would not alter the location of curb or sidewalk and would provide for a larger street right-of-way than typical residential road widths, which is 60 feet. It would also place the property line one foot behind the sidewalk. Relative to any street vacation request the City is required to consider certain factors, such as the public interest or any injury that could be caused by the vacation. Staff and the Planning Commission have concluded that the vacation will not deny proper access to adjacent properties and the street is not a through street. The 70-foot right-of-way is adequate for public infrastructure, such as roadway, sidewalks, and utilities. Good causes for the vacation include addressing the current 24.35-foot buildable area on the subject property and creation of a 70-foot right-of- way, which exceeds the City standard of 60 to 66 feet. He concluded the proposed vacation meets the intent of the provisions in the General Plan as it will allow for infill development and improve architecture and site design. He added that the Planning Commission has recommended extension of the vacation from A to D Avenues. He then addressed property valuation of the properties that will be impacted by the proposed vacation and noted the Weber County Assessor’s Office has assured him there would be no or a very negligible change in property tax if the vacation is approved. Council member Stephens stated the Planning Commission’s report references a comment made by a resident during the Planning Commission’s public hearing and he asked Mr. Montgomery to address that comment. Mr. Montgomery indicated a Mr. Montole expressed concern regarding an existing home at the northwest corner of A Avenue and 25th Street, which is built in the platted right-of-way. He noted that as staff researched the history of the property Mr. Montole was concerned about, they found that the street near the property had actually been vacated in 1986 and his property would not be impacted by this proposed action. Acting Chair Blair invited the petitioner, James Starkey, to address the Council. Mr. Starkey thanked the Council for entertaining his petition. The reason he feels strongly about his project is that he would like to improve the area and maximize its potential. He stated that the home he plans to build on the subject property will be very nice. It will be his residence that will be an asset to the community and potentially serve as a catalyst for more quality development in the area. The Acting Chair then called for a public hearing on proposed Ordinance 2016-47, entitled: “An ordinance of Ogden City, Utah, vacating a portion of the south side of 25th Street between A Avenue and D Avenue; vacating a portion of the north side of 25th Street between B Avenue and D Avenue; quit claiming the property within the vacated portions of said street to the abutting property owners as their interest may appear; reserving a right-of-way for all utilities that may now exist in said portion of such street; directing the City Recorder to record this ordinance in the office of the County Recorder; and providing that this ordinance shall become effective immediately upon posting after final passage.” The Deputy City Recorder presented written notice of said hearing and affidavit of the publication in the Standard- Examiner on the 5th day of August, 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 HYER MOVED TO OPEN THE PUBLIC HEARING AND ALLOW ALL INTERESTED PERSONS A FULL AND FAIR OPPORTUNITY TO BE HEARD. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. There being no persons appearing to be heard, COUNCIL MEMBER LOPEZ MOVED THE PUBLIC HEARING BE CLOSED. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. ON A MOTION BY COUNCIL MEMBER HYER AND SECONDED BY COUNCIL MEMBER GARNER, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2016-47 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, ACTING CHAIR BLAIR, AND CHAIR WHITE. VOTING NO – NONE. 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. Proposed Ordinance 2016-48 amending the FY2017-2021 Capital Improvement Plan by adding or amending three projects A memo from the Community and Economic Development Department regarding proposed amendments to the Capital Improvement Plan (CIP) for Fiscal Years (FY) 2017-2021 came before the Council for consideration. The memo stated proposed amendments include additions or clarifications to three projects. The projects include a new CIP brief for a downtown parking study, an expanded scope of work for the General Park Improvements project to include expansion of Mt. Lewis Park, and a new project brief for the reconstruction of the 46th Street Pump House. The memo expounded on each of the three projects; the downtown parking study is classified as CD079 – Parking Analysis Study. Funding for this project was initially included in the proposed FY2017 budget as a potential study item. However, now that the project has been identified more clearly, funding for this study has been moved to a separate line item within the CIP account. The amendment would add a CIP brief to the FY2017- 2021 CIP to clarify how the proposed $85,000 would be used. Project PK124 – General Park Improvements was adjusted to include improvements at Mt. Lewis Park in conjunction with the demolition of Edison Elementary. The approved FY2017-2021 CIP included funding in FY2017 for $151,500. However, in the proposed FY2017 budget, an additional $300,000 was included to account for the expanded scope. The proposed amendment to the CIP includes the expanded scope of work. The memo concluded project WU017 – 46th Street Pump House Reconstruction is proposed to be added to the FY2017-2021 CIP as it was not included initially. The proposed project is still in the study phase, however, $1,500,000 was included in the Water Utility Enterprise fund in the FY2017 budget as part of the bond proceeds to fund this project. The proposed amendment would provide the CIP brief for the project and would add it to the FY2017-2021 CIP. Comptroller Cook summarized the memo and noted the Planning Commission reviewed the proposed amendments to the FY2017-2021 CIP and recommends approval. Council member Hyer referenced project PK124 – General Park Improvements that is being adjusted to include improvements to Mt. Lewis Park. He asked if there will be an opportunity for public input regarding the scope or design of that project. Chief Administrative Officer Johnson noted City Administration has been working with the Ogden School District since they own the property upon which the park will be located, but he is unsure of the plan to solicit public input regarding the scope of the project. Council member Hyer stated that it is his understanding there will be a public meeting at the new Fire Station on the north end of town in the coming months and he would like for the agenda for that meeting to include an item to allow for public input regarding the park project. Mr. Johnson stated that the City and the District have been working towards completing improvements to the park before the winter months and waiting for public input at that meeting will delay the project. Council member Hyer stated that he does not anticipate any great concerns from the public, but it would be nice to provide a public process. Mr. Johnson stated that City Administration would be happy to hold off on the project; however, City Administration has committed to the District that an irrigation system will be installed at the property and sod will be laid. He suggested that the City be allowed to proceed with that work and delay further design or improvements until the spring of 2017. Council member Hyer indicated he is comfortable with that course of action. Council member Stephens asked for a brief explanation of the manner in which the 46th Street pump house project will improve services. Public Utility Manager Moffett explained the pump house is an older facility and there is a need to upgrade electrical infrastructure so that upon an outage at the northern end of the City the pump house can pump water to the north. The facility will be upsized and modernized to improve production and reliability. Acting Chair Blair introduced in writing proposed Ordinance 2016-48, entitled: “An ordinance of Ogden City amending the FY2017-2021 Capital Improvement Plan by adding projects CD079, Parking Study; PK124, Park Improvements; and WU071, 46th Street Pump House; and providing that this ordinance shall become effective immediately upon posting after final passage.” A copy of the proposed ordinance was deposited with the 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. ON A MOTION BY COUNCIL MEMBER NADOLSKI AND SECONDED BY COUNCIL MEMBER GARNER, ORDINANCE WAS PASSED AND ADOPTED AS OGDEN CITY ORDINANCE 2016-48 AND ORDERED POSTED AS REQUIRED BY LAW UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, ACTING CHAIR BLAIR, AND CHAIR WHITE. VOTING NO – NONE. 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. Proposed Resolution 2016-21 authorizing an interest rate modification and eliminating the mandatory tender in the Municipal Building Authority of Ogden City, Utah Lease Revenue Refunding Bonds, Series 2006; and related matters A memo from the City Treasurer came before the Council to consider a resolution authorizing refunding of the Municipal Building Authority (MBA) Lease Revenue Refunding Bonds, Series 2006. The memo stated the Administration is requesting that the Council adopt a resolution authorizing a rate modification for the Series 2006A MBA Bonds and amendments to the Second Indenture of Trust and Master Lease Agreement. A portion of the bonds are callable and can be refunded for an economic savings. The City’s financial advisors have estimated the annual savings to be approximately $90,000. City Administration is also seeking a rate modification on the Series 2000A Bonds from the current rate of 4.65% to approximately 1.9%. Other pertinent information relating to the Series 2000A Bond is summarized as follows: Original Par Amount: $2,865,000 Remaining Balance: $1,280,000 Final Maturity Date: June 15, 2021 Security: First Trust Deed Lien on Public Works Building Reserve Fund Balance: $293,873.69 Original and Current Interest Rate: 4.35% Project Refunding Interest Rate: 1.90% Estimated Total Annual Savings: (Net of $10,000 Cost of Issuance contribution): $89,926.54 Estimated NPV Savings: 6.121% The final refunding interest rate will be determined upon approval by the MBA and the City Council. Because this transaction involves a rate modification only, there are no publication, notification or contest period requirements. The memo added City Administration also proposes amendments to the First Amendment to the Master Lease Agreement by deleting Section 4.2 relating to mandatory tender and allowing that the amendment may be executed in several counterparts. All other terms and conditions of the Master Lease and the First Amendment to Master Lease will remain in full force and effect. City Administration is also proposing amendments to the Second Supplemental Indenture Trust by amending Section 2.2 to amend the interest rate to approximately 1.9% (final to be determined just prior to closing) and deleting the final two paragraphs; deleting Section 3.2 relating to mandatory tender; and allowing that the amendment may be executed in several counterparts. All other terms and conditions of the Master Lease and the First Amendment to Master Lease will remain in full force and effect. The memo concluded City Administration is proposing to pay the transaction costs of approximately $10,000 from the MBA’s existing funds. Note, however, that since all revenues of the MBA are derived from lease payments made by the City, the City would ultimately pay these costs. If the refunding is not approved, the MBA (and through lease payments, the City) would need to pay off the callable portion of the bonds--the “mandatory tender” as determined by the bond documents--of $986,126.31. Treasurer Johnson summarized the memo and introduced the City’s Financial Advisor, Laura Lewis, to provide additional information regarding the proposed action. Ms. Lewis stated she feels this should be a fairly easy decision for the Council as they are being asked to decide between paying 4.35 percent or 1.95 percent interest on the Series 2006A bonds. She distributed documentation regarding this type of bond and noted it is most comparable to a personal mortgage. The actual security for this transaction is the physical asset of the City’s Public Works Building. No tax revenue or other funding will be pledged as security for the bond and the bond holders are reliant upon the fact that the City will continue to make payments on the bond to prevent loss of the asset. The MBA entity of the City was created solely to manage the asset, receive payments from the City to serve as debt service for the bond, and ultimately release the asset to the City once all bonds are satisfied. She reviewed the schedule for proceeding with the rate adjustment and closing on the bonds and noted that final action is needed by both the City Council and the MBA. Deputy Executive Director Eller-Smith noted there have been some amendments to the resolution that was initially provided to the Council and it will be necessary to entertain a motion to substitute the new resolution for the original resolution. She asked Ms. Lewis to briefly review the amendments. Ms. Lewis stated the resolution long title refers to a Second Supplemental Indenture and a First Amendment to the Master Lease, but this will actually be the Second Amendment to the Master Lease and it is necessary to correct that error. She added that it is also necessary to amend the section of the resolution dealing with the call- ability of the bonds. As a general rule, bonds include call features in the event rates decrease, but with a call feature comes an increased interest rate. The projected refunding interest rate for the bond is 1.95 percent, but that would increase if the bond includes a call feature. Therefore, she is recommending that the call feature be eliminated from the resolution and the bonds in order to maintain the lower interest rate. She is very comfortable with that recommendation given the small outstanding principle amount of the bonds of $1,280,000 and the short length to maturity. Acting Chair Blair introduced in writing proposed Resolution 2016-21, entitled:  “A resolution of Ogden City Council of Ogden City, Utah authorizing an interest rate modification and eliminating the mandatory tender in the Municipal Building Authority of Ogden City, Utah Lease Revenue Refunding Bonds, Series 2006; authorizing amendments to a Second Supplemental Indenture and a First Amendment to Master Lease; and related matters.” COUNCIL MEMBER HYER MOVED TO SUBSTITUTE THE UPDATED RESOLUTION FOR THE ORIGINAL RESOLUTION. MOTION WAS SECONDED BY COUNCIL MEMBER LOPEZ, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COUNCIL MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, ACTING CHAIR BLAIR, AND CHAIR WHITE. VOTING NO – NONE. COUNCIL MEMBER HYER MOVED THAT 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 GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, ACTING CHAIR BLAIR, AND CHAIR WHITE. VOTING NO – NONE. Request to be on the Agenda – Louis Gasper – Pedicab Ordinance Amendment Mr. Gasper stated he would like to propose an amendment be made to the pedicab ordinance in the city of Ogden. He owns a company called Salt City Cycle Cab and he would like to begin doing business in Ogden, but in order to do so he would like for the City’s ordinance to be amended to allow the use of electric assist motors on pedicabs. He stated he has been working as a pedicab operator for a decade, but the business has gotten much easier as pedicabs have been outfitted with ‘e-kits’; this equates to much more than just flattening a hill. It means that pedicab drivers can use a battery source to power other devices, such as stereo speakers and Bluetooth sound systems, as well as horns and high lumen headlamps. He stated he understands the idea behind prohibiting electric assist motors in pedicabs, but he has no intention of using motors that use gas burning and oil consuming motors. Additionally, the motors that he uses on his pedicabs would not result in speeds in excess of 25 miles-per-hour. Mr. Gasper then noted that he would also recommend that the ordinance be further amended to prohibit the use of sidewalks by pedicab operators. Council member Lopez asked if Mr. Gasper’s business is already operating in Ogden. Mr. Gasper answered no and stated he is still working through the City’s business license approval process and he feels that amendments to the pedicab ordinance as requested will address the issues that he has with obtaining his license. Council member Stephens stated he would like for the Council to study this issue and consider pedicab regulations that other cities have employed. Mr. Johnson stated that the City’s Legal Division is already researching the issue and will be prepared for discussion of the issue with the Council at an upcoming work session meeting. Council member Nadolski recommended that the Transportation Policy Committee be asked for input on the issue as well. He noted Council members Lopez and Stephens co- chair the committee. Council member Lopez stated that he is supportive of Mr. Gasper’s request and he appreciates that Mr. Gasper’s recommendation is friendly to the environment. Mr. Gasper stated that he would also like for the City’s zoning ordinance to be amended to allow him to secure a temporary use location that could be used for a home based business. One of his employees lives in Ogden and several other potential employees also live in Ogden and they would like to store their pedicabs in their garages at their homes. This would allow him to reduce his overhead because it would not be necessary to secure a shop space. Council member Lopez inquired as to the area of the City where Mr. Gasper’s business will have the greatest presence. Mr. Gasper stated that pedicabs are popular during festivals and other special events and he will be operating during such special events downtown. There are other opportunities to offer pedicab pickups on Friday and Saturday evenings in downtown Ogden. Mayor Comments Mayor Caldwell reported the New Bridge School and Liberty Park are opening this week just in time for the new school year. He encouraged everyone to attend the ribbon cutting event this Thursday at 3:30 p.m. Council member Comments Council member Nadolski noted the Public Safety Policy Committee meeting was adjusted to allow members to attend the ribbon cutting. He added that the Council acted on several committee appointments tonight and he thanked City Administration for providing additional information about each of the prospective appointees nominated by the Mayor. There being no further business to come before the Council, COUNCIL MEMBER HYER MOVED THE MEETING ADJOURN AT 6:56 P.M. MOTION WAS SECONDED BY COUNCIL MEMBER GARNER, ALL VOTING AYE. ________________________________________  ABBIE HUFSTETLER DEPUTY CITY RECORDER ________________________________________ BART BLAIR, ACTING CHAIR APPROVED: December 6, 2016  Minutes of Special Meeting of Redevelopment Agency of Ogden City, Utah, August 16, 2016 Page Minutes of the Special Meeting of the Ogden City Redevelopment Agency held on Tuesday, August 16, 2016 at 6:57 p.m., in the Council Chambers on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Chair Marcia L. White (participated via telephone) Acting Chair Bart E. Blair Board members Neil K. Garner Richard A. Hyer Luis Lopez Ben Nadolski Doug Stephens Board Administrator Bill Cook Board Deputy Administrator Janene Eller-Smith Board Policy Analyst Glenn Symes Board Policy Analyst Amy Sue Mabey Communications Manager Brittany Griffin Also present: Executive Director Michael P. Caldwell Chief Administrative Officer Mark Johnson City Attorney Gary Williams Community and Economic Development Deputy Director Brandon Cooper Community Development Manager Ward Ogden Management Services Director David G. Buxton City Treasurer Brandee Johnson Deputy City Recorder Abbie Hufstetler Approval of Minutes Board member Garner stated he had reviewed the minutes of the Special Meeting of January 26, 2016 and found them to be accurate to the best of his recollection. Board member Hyer stated he had reviewed the minutes of the Special Meeting of March 22, 2016 and found them to be accurate to the best of his recollection. Board member Lopez stated he had reviewed the minutes of the Special Meeting of April 19, 2016 and found them to be accurate to the best of his recollection. Board member Stephens stated he had reviewed the minutes of the Special Meeting of May 3, 2016 and found them to be accurate to the best of his recollection. Board member Nadolski stated he had reviewed the minutes of the Special Meeting of May 24, 2016 and found them to be accurate to the best of his recollection. BOARD MEMBER NADOLSKI THEN MOVED TO APPROVE THE MINUTES AS PRESENTED. MOTION WAS SECONDED BY BOARD MEMBER GARNER, ALL VOTING AYE. Proposed Resolution 2016-15 authorizing the Agency Executive Director to enter into a loan agreement with Synchrony Bank to provide funds for community development projects A memo from the Community and Economic Development Department (CED) came before the Board to consider a resolution authorizing the execution of a Synchrony Bank line of credit. The memo stated City Administration proposes that the Redevelopment Agency secure a line of credit with Synchrony Bank to cover the costs of land acquisition and demolition for projects associated with the Quality Neighborhoods Initiative. Terms of the proposed line of credit are as follows: Loan Type: Line of Credit Amount: $5,000,000 Term: Four (4) years, eighteen month draw period Interest Rate: Variable, LIBOR plus 1.75% (as of 6/23/16 – 2.3901%), paid quarterly Security: Real Property (Project by Project) Eligible Projects: Properties with the Quality Neighborhood Area (20th to 30th, Washington to Harrison) Disbursements/ Repayments: Disbursed Project by Project; repaid upon refinance or disposition, after three (3) years or at the expiration of the Loan, whichever is soonest.  Debt Service Source: Sale of property or BDO Lease Revenue (Annual $1 million QNI disbursement) The memo indicated CED staff have managed Ogden City’s line of credit and associated programs since 2005. If approved, the same CED staff members will manage the Synchrony Bank line of credit for the Agency. Community Development Manager Ogden summarized the memo and stated this action is directly associated with the Quality Neighborhoods Initiative for the purpose of furthering redevelopment projects and programs needed to accomplish the initiative. He reiterated the proposed amount of the line of credit is $5,000,000 and would be used for acquisition of larger parcels of property and demolition of existing structures. The line of credit will be secured by the land that is acquired and repaid by either the sale proceeds for the land or annual funding for the Quality Neighborhoods Initiative. Board member Nadolski asked if the Board will have the opportunity to consider and act upon any action to appropriate funds from the line of credit. Mr. Ogden stated that staff will not obligate RDA funds without Board approval; any repayment of the line of credit debt will be acted upon by the Board. Board member Hyer asked if it will be necessary to acquire additional lines of credit in the future. Mr. Ogden answered yes. He noted staff is currently considering large projects that will require quite a bit of gap funding and the Quality Neighborhoods funding will likely be exhausted fairly quickly. However, as the funds are replenished by property sales or other transactions, the funding will be replenished and will continue to revolve. Chief Administrative Officer Johnson added City Administration has plans for repayment of the line of credit once it comes due and staff will be very careful with the Quality Neighborhoods funding allocation each year. Board member Nadolski stated that he thinks the use of the line of credit is a great idea that will provide flexibility that is not always available in other governmental funding mechanisms. Mr. Ogden agreed and stated the interest rate is great and Synchrony Bank is a good partner. Acting Chair Blair introduced in writing proposed Resolution 2016-15, entitled: “A resolution of the Ogden City Redevelopment Agency authorizing the Agency Executive Director to enter into a loan agreement with Synchrony Bank to provide funds for community development projects.” BOARD MEMBER NADOLSKI MOVED THE RESOLUTION BE ADOPTED, AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY BOARD MEMBER STEPHENS, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – BOARD MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, ACTING CHAIR BLAIR, AND CHAIR WHITE. VOTING NO – NONE. Proposed Resolution 2016-16 approving and authorizing the Executive Director to execute the terms and conditions of a Real Estate Purchase Contract for property located at 742 East 30 Street th Acting Chair Blair recused from participating in discussion and voting upon this action due to the close proximity of his family business to the subject property. He asked Board member Hyer to conduct this portion of the meeting. A memo from the Community and Economic Development Department came before the Council to consider a resolution approving the terms of a Real Estate Purchase Contract (REPC). The memo stated Administrative staff is proposing the purchase of property located at 742 East 30th Street. The lot includes three vacant buildings: a historically and architecturally significant apartment building (tri-plex) at the front of the lot, with a single story apartment and a single story four-plex at the back of the lot. The historic building will be renovated and the rest of the property will be cleared for a future housing development. This project will add 10-12 new, market-rate rental units to the City’s housing stock. Staff estimates the cost of demolition of the two buildings to be between $45,000 and $65,000. Agency housing funds and/or Quality Neighborhood funds will be used to cover the cost of purchase and development. Staff is negotiating with potential developers for the site. It is likely that this property will be transferred as an incentive for entering into a development agreement with the Agency. Any development agreement negotiated by the Administrative staff will be approved by the Board at a future date. Community and Economic Development Deputy Director Cooper summarized the memo and reviewed the terms of the REPC as negotiated by Administration staff: Description: Tax ID # 02-004-0060, 02-004-0035 (.78 acres) Seller: Conor McMullin Purchase Price: $175,000 Terms: $5,000 Earnest Money paid within seven days of Effective Date (applicable to Purchase Price) Effective Date: July 18, 2016 Seller Disclosure: Ten (10) Days from Effective Date Due Diligence: Twenty (20) Days from Seller Disclosure Date Extension: Thirty (30) day extension upon payment of $1,000 (Not Applied to Purchase Price) Closing Costs: Each party pays own; Buyer pays recording fees Closing Date: Thirty (30) days from Board approval Mr. Cooper noted to facilitate redevelopment of the property it is the intent of Agency staff to purchase the property as set forth in the terms of the REPC, perform demolition via a private demo contractor secured by competitive bid, and offer up the property through conveyance as an incentive to a private developer. The yet to be identified developer would be required to develop the property in a manner that would be desirable to the Agency and pursuant to the terms and conditions of a development agreement that would govern the project and would be subject to future approval of the Board. The property is currently zoned R2EC, which would allow for an additional seven new units; an optional zoning designation for the property is R3EC, which would allow nine total units without a Community Plan change. If the potential future developer is interested in higher density, an amendment to the Community Plan and a zone change would be required. If the Agency were to purchase the property subject to the terms of the REPC and was unsuccessful in negotiating an acceptable development agreement with a private developer, then the Agency would be responsible for either the disposition of the property through a sale and accepting the outcomes thereof, or for the development of the property using Agency and City resources. This would require additional investment beyond the amount stated. Board member Garner stated he has inspected the property and noticed a large amount of decorative concrete stairs. He asked if that work will be restored and incorporated into the redevelopment project. Mr. Cooper stated that addressing the property in this manner will give the Agency some design control. After the property purchase is approved and conveyed to a developer as an incentive package, the Agency can stipulate certain design and development standards. He concluded the good elements of the property can be saved. Board member Nadolski asked if the Board or the City Council will be involved in the project moving forward if no rezone of the property is required. Mr. Cooper stated if the property is sold to a developer, that developer will be obligated to develop the property according to current zoning standards or they could apply to rezone the property. The Council would take action on any rezone application. He noted that if the property were to be conveyed as part of an incentive agreement, the Board would act upon the development agreement associated with that transaction. However, if a developer were to proceed with development of the property without an incentive agreement or without the need to rezone, the Board and Council would not be involved in the project any further. Board member Nadolski inquired as to the age of the East Central Community Plan. Mr. Cooper stated it was adopted in 2009. Board member Stephens asked if Agency staff would consider selling the property to a developer for less than the purchase price. Mr. Cooper stated it is the Agency’s goal to bring value to this area of the community and all options will be considered and any option that has a fiscal impact will come before the Board for approval. Board member Nadolski inquired as to the estimated demolition costs for the structures on the property. Mr. Cooper answered the demolition costs are estimated to be between $45,000 and $65,000 depending upon the amount of asbestos present in the structures. Board member Hyer introduced in writing proposed Resolution 2016-16, entitled: “A resolution of the Ogden City Redevelopment Agency approving and authorizing the Executive Director to execute the terms and conditions of a Real Estate Purchase Contract with Conor McMullin for the purchase of .78 acres of real property located at 742 East 30th Street, Ogden, Utah.” BOARD MEMBER NADOLSKI MOVED THE RESOLUTION BE ADOPTED, AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY BOARD MEMBER GARNER, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – BOARD MEMBERS GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, AND CHAIR WHITE. VOTING NO – NONE. Acting Chair Blair was not present when this vote was taken. Acting Chair Blair rejoined the meeting. There being no further business to come before the Board, BOARD MEMBER HYER MOVED THE MEETING ADJOURN AT 7:19 P.M. MOTION WAS SECONDED BY BOARD MEMBER NADOLSKI, ALL VOTING AYE. ________________________________________ ABBIE HUFSTETLER DEPUTY CITY RECORDER ________________________________________ BART BLAIR, ACTING CHAIR APPROVED: November 15, 2016  Minutes of Special Meeting of Municipal Building Authority of Ogden City, Utah, August 16, 2016 Page Minutes of the Special Meeting of the Ogden City Municipal Building Authority held on Tuesday, August 16, 2016 at 7:20 p.m., in the Council Chambers on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Present: Chair Marcia L. White (participated via telephone) Acting Chair Bart E. Blair Trustees Neil K. Garner Richard A. Hyer Luis Lopez Ben Nadolski Doug Stephens Board Administrator Bill Cook Board Deputy Administrator Janene Eller-Smith Board Policy Analyst Glenn Symes Board Policy Analyst Amy Sue Mabey Communications Manager Brittany Griffin Also present: President Michael P. Caldwell Chief Administrative Officer Mark Johnson City Attorney Gary Williams City Treasurer Brandee Johnson Deputy City Recorder Abbie Hufstetler Proposed Resolution 2016-2 authorizing an interest rate modification and eliminating the mandatory tender for its Lease Revenue Refunding Bonds, Series 2006; and related matters A memo from the City Treasurer came before the Board to consider a resolution authorizing an interest rate modification and eliminating the mandatory tender clause for Lease Revenue Refunding Bonds, Series 2006. The memo stated City Administration is requesting that the Board adopt a resolution authorizing a rate modification for the Series 2006A Municipal Building Authority (MBA) Bonds and amendments to the Second Indenture of Trust and Master Lease Agreement. A portion of the bonds are callable and can be refunded for an economic savings. The City’s financial advisors have estimated the annual savings to be approximately $90,000. The Administration is seeking a rate modification on the Series 2000A Bonds from the current rate of 4.65% to approximately 1.9%. Other pertinent information relating to the Series 2000A Bond is summarized as follows: Original Par Amount: $2,865,000 Remaining Balance: $1,280,000 Final Maturity Date: June 15, 2021 Security: First Trust Deed Lien on Public Works Building Reserve Fund Balance: $293,873.69 Original and Current Interest Rate: 4.35% Project Refunding Interest Rate: 1.90% Estimated Total Annual Savings: (Net of $10,000 Cost of Issuance contribution): $89.926.54 Estimated NPV Savings: 6.121% The final refunding interest rate will be determined and become effective at closing. Because this transaction involves a rate modification only, there are no publication, notification or contest period requirements. The proposal from the Administration includes amending the First Amendment to the Master Lease Agreement by:  Deleting Section 4.2 relating to mandatory tender  Allowing that the amendment may be executed in several counterparts. All other terms and conditions of the Master Lease and the First Amendment to Master Lease will remain in full force and effect. The proposal from the Administration includes amending the Second Supplemental Indenture of Trust by:  Amending Section 2.2 to amend the interest rate to approximately 1.9% (final to be determined just prior to closing) and deleting the final two paragraphs  Deleting Section 3.2 relating to mandatory tender  Allowing that the amendment may be executed in several counterparts. All other terms and conditions of the Master Lease and the First Amendment to Master Lease will remain in full force and effect.  The memo concluded the fiscal impact of the proposal and indicated Administration is proposing to pay the transaction costs of approximately $10,000 from the MBA’s existing funds. Note, however, that since all revenues of the MBA are derived from lease payments made by the City, the City would ultimately pay these costs. If the refunding is not approved, the MBA (and through lease payments, the City) would need to pay off the callable portion of the bonds--the “mandatory tender” as determined by the bond documents--of $986,126.31. Laura Lewis of Lewis Young Robertson and Burningham, the City’s Financial Advisor, summarized the memo and stated this is the action that accompanies the action taken by the City Council earlier this evening. She briefly summarized the amendments that have been made to the original resolution, noting the resolution long title refers to a Second Supplemental Indenture and a First Amendment to the Master Lease, but this will actually be the Second Amendment to the Master Lease and it is necessary to correct that error. She added that it is also necessary to amend the section of the resolution dealing with the call- ability of the bonds; as a general rule, bonds include call features in the event rates decrease, but with a call feature comes an increased interest rate. The projected refunding interest rate for the bond is 1.95 percent, but that would increase if the bond includes a call feature. Therefore, she is recommending that the call feature be eliminated from the resolution and the bonds in order to maintain the lower interest rate. She is very comfortable with that recommendation given the small outstanding principle amount of the bonds of $1,280,000 and the short length to maturity. Acting Chair Blair introduced in writing proposed Resolution 2016-2, entitled: “A resolution of the Governing Board of the Municipal Building Authority of Ogden City, Utah, authorizing an interest rate modification and eliminating the mandatory tender for its lease revenue refunding bonds, Series 2006; authorizing amendments to a second supplemental indenture and a first amendment to master lease; and related matters.” TRUSTEE HYER MOVED TO SUBSTITUTE THE UPDATED RESOLUTION FOR THE ORIGINAL RESOLUTION AND THAT THE RESOLUTION BE ADOPTED AND THE CHAIR BE AUTHORIZED TO SIGN THE SAME. MOTION WAS SECONDED BY TRUSTEE GARNER, WITH THE FOLLOWING ROLL CALL VOTE: VOTING AYE – TRUSTEES GARNER, HYER, LOPEZ, NADOLSKI, STEPHENS, ACTING CHAIR BLAIR, AND CHAIR WHITE. VOTING NO – NONE. President Comments President Caldwell thanked the Board for the action taken this evening to lower the interest rate on the Lease Revenue Refunding Bonds, Series 2006; the action will result in cost savings that benefit the entire City. He also thanked Ms. Lewis for her assistance through the refunding process. There being no further business to come before the Council, TRUSTEE LOPEZ MOVED THE MEETING ADJOURN AT 7:23 P.M. MOTION WAS SECONDED BY TRUSTEE NADOLSKI, ALL VOTING AYE. ________________________________________ ABBIE HUFSTETLER DEPUTY CITY RECORDER ________________________________________ BART BLAIR, ACTING CHAIR APPROVED: October 28, 2016