078 of 2012 - Approving the 2012 Assessment list and levying an annual assessment upon property Lighting District 0 12-1
Q 12-10
ORDINANCE NO. 78 of 2012
An ordinance (the "2012 Assessment Ordinance") approving an
assessment list and levying an annual assessment upon property in Salt
Lake City, Utah Lighting District No. 2 (the "District L02"); establishing
the effective date of the 2012 Assessment Ordinance; providing for a
procedure to contest an assessment; and related matters.
BE IT ORDAINED BY THE CITY COUNCIL (TIIE "COUNCIL") OF SALT
LAKE CITY (TIIE "CITY"), UTAH:
Section 1. Determination of Costs. The estimated operation and maintenance
costs of District L02 to provide for current street lighting within District L02 have been
determined.
Section 2. Approval of Assessment List; Findings. The Council confirms and
approves the District L02 assessment list, a copy of which is attached hereto as Exhibit B
and incorporated herein by reference (the "Assessment List"). The Assessment List has
been adjusted to comport with the previous year's operating experience for District L02
and it includes estimated operation and maintenance costs for the twelve-month period
beginning July 1, 2012, and ending June 30, 2013 (the "O&M Period"). The Council has
determined that the Assessment List is just and equitable; that each piece of property to
be assessed within District L02 will be benefited in an amount not less than the
assessment to be levied against said property; and that no piece of property listed in the
Assessment List will bear more than its proportionate share of the cost of the estimated
operation and maintenance costs within District L02.
Section 3. Levy of Assessments. The Council hereby levies an assessment
upon the real property identified in the Assessment List. The assessments levied upon
each parcel of property therein described shall be in the amount set forth in the
Assessment List as adjusted.
The assessments hereby levied are for the purpose of paying the estimated
operation and maintenance costs to provide street lighting and electrical energy for street
lighting within District L02 for the O&M Period. It is hereby determined and established
that the property being assessed will be specifically benefited to the full amount of the
assessment hereby levied to cover said estimated operation and maintenance costs. All
property benefited is within the boundaries of District L02. Unless future modifications
revise the purposes and plans of District 1,02, future assessments will continue to be
levied annually for the reasonable useful life of the facilities to be maintained by the
assessment levy based upon applicable rates established by the energy contract with the
City. Future non-energy costs of operation and maintenance relating to the providing of
lighting benefits will also be a factor in determining future rates. The City Treasurer is
hereby authorized and directed to notify property owners of this assessment and to collect
assessments in accordance with the provisions of this 2012 Assessment Ordinance for the
purposes herein provided.
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Section 4. Operation and Maintenance Costs. As determined by the office of
the City Engineer, the total estimated operation and maintenance costs for District L02
for the O&M Period are $159,885, of which the City's portion is approximately $39,971.
The remaining $119,914 is to be paid from assessments levied upon property within
District L02 as set forth in the Assessment List.
Section 5. Method, Rate, and Payment of Assessment. The total assessment
for District L02 is levied in accordance with the method set out in the Notice of Intention
pertaining to District L02 adopted by the City Council on April 15, 1996. The applicable
rate for each property was determined based on the operation and maintenance costs of
providing street lighting services and furnishing electrical energy for street lighting
purposes, together with other related factors, the totals of which are set out in the
preceding Section. Future annual assessments may include adjustments to reflect
changes in operation and maintenance costs and any balance or deficits resulting from the
previous year's operations.
Assessments shall be payable on December 15, 2012 (the "Due Date"). Interest
on assessments shall accrue only after passage of the Due Date as set out in the Special
Assessment Notice to be mailed by the City Treasurer to property owners. The rate of
interest accruing on any delinquent assessment shall be the rate allowed by Utah statute
(the "Delinquent Rate"). The whole or any part of the assessment may be paid without
interest on or prior to the Due Date.
Section 6. Default in Payment. An assessment payment shall be delinquent if
it remains unpaid after the Due Date. Any delinquency shall constitute a default in the
payment of the assessment. If an assessment payment is not paid when due, the City may
file for recording a notice (the "Notice of Delinquency") with the Salt Lake County
Recorder. The resulting recording fees for any filing and any release shall be added to
the assessment together with accrued interest due and owing. In addition, costs of
collection as determined by the City Treasurer or required by law may be charged and
shall be paid on all delinquent amounts.
If the delinquency continues after the filing of the Notice of Delinquency, the City
Treasurer may determine what additional enforcement action may be appropriate. Prior
to commencement of such enforcement action, the City shall give an additional notice
(the "Notice of Default"), in writing, of the default to the owner of the property in
default. Notice of Default shall be effective upon deposit of the notice in the U.S. Mail,
postage prepaid, and addressed to the owner as shown on the last equalized assessment
rolls for the City or on the official ownership records of Salt Lake City. The Notice of
Default may provide for a period of thirty (30) days in which the owner shall pay the
assessment balance then due and owing together with accrued interest at the Delinquent
Rate plus recording costs and other costs as determined by the City Treasurer. The
Notice of Default may also declare that after the thirty (30) day period the City may bring
suit for the total amount due plus costs of the enforcement action remedy, or the City may
elect to commence foreclosure proceedings in the manner provided for actions to
foreclose mortgage liens or trust deeds. In the event the City elects to foreclose using
trust deed procedures, a trustee shall be designated by the City to serve as a trust fund
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trustee for purposes of the enforcement action. If at the sale no person or entity shall bid
and pay the City the amount due on the assessment plus interest and costs, the property
shall be deemed sold to the City for these amounts. The City shall be permitted to bid at
the sale.
The election by the City to use or not to use a Notice of Delinquency and a Notice
of Default shall have no effect on the perfecting of the lien resulting from a delinquency
in the payment of any assessment after publication of this Assessment Ordinance. The
remedies provided herein for the collection of assessments and the enforcement of liens
shall be deemed and construed to be cumulative and the use of any one method or means
of collection or enforcement shall not deprive the City of the use of any other method or
means. The amounts of accrued interest and all costs of collection shall be added to the
amount of the assessment up to the date of judgment or, in the case of foreclosure action,
the date of the foreclosure sale.
Section 7. Remedy of Default. If prior to the final date that payment may be
legally made under a final sale or foreclosure of property to collect delinquent assessment
installments, the property owner pays the full amount of the unpaid assessment balance
with interest at the Delinquent Rate, plus all approved or required costs, the owner shall
then be restored to the right to pay installments in the same manner as if default had not
occurred.
Section 8. Lien of Assessment. An assessment levied by this 2012
Assessment Ordinance or any unpaid portion of an earlier assessment, any interest
accruing, and the costs of recording and collection shall constitute a lien against the
property upon which the assessment is levied as of December 1, 2012, the effective date
of this 2012 Assessment Ordinance (the "Effective Date"), or for any unpaid portion of
an earlier assessment, as of the effective date of any earlier applicable assessment
ordinance. Unless the assessment becomes delinquent, no notice of lien may be recorded
and no release of lien will be recorded at the time of payment. When a delinquency
occurs, a notice of lien setting out the assessment balance due may be incorporated into a
Notice of Delinquency that will be recorded. The assessment lien based on this 2012
Assessment Ordinance, or on an earlier assessment ordinance, if the delinquency predates
the effective date of this 2012 Assessment Ordinance, shall be superior to the lien of any
trust deed, mortgage, mechanic's or materialman's lien, or other encumbrance and shall
be equal to and on a parity with the lien for general property taxes. The lien shall
continue until the assessment and any interest, penalties, and costs on it are paid,
notwithstanding any sale of the property for or on account of a delinquent general
property tax, special tax, or other assessment or the issuance of a tax deed, an assignment
of interest by the governing entity, or a sheriff's certificate of sale or deed.
Section 9. Contestability. No assessment shall be declared void or set aside
in whole or in part in consequence of any error or irregularity which does not go to the
equity or justice of the assessment or proceeding. Any party who has not waived his or
her objections to the assessment may commence a civil action against the City to enjoin
the levy or collection of the assessment or to set aside and declare unlawful this 2012
Assessment Ordinance.
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Such action must be commenced and summons must be served on the City not
later than thirty (30) days after the Effective Date of this 2012 Assessment Ordinance.
This action shall be the exclusive remedy of any aggrieved party. No court shall entertain
any complaint which the party was authorized to make by statute but did not timely make
or any complaint that does not go to the equity or justice of the assessment or proceeding.
After the expiration of the thirty (30) day period provided in this section, the
assessments levied in District L02 shall become incontestable as to all persons who have
not commenced the action provided for in this section; and no suit to enjoin the levy,
collection, or enforcement of the assessments, or in any other manner attacking or
questioning the legality of the assessments may be instituted in this state, and no court
shall have authority to inquire into these matters.
Section 10. Notice to Property Owners. The City Treasurer is hereby
authorized and directed to give notice of assessment by mail to the property owners in
District L02. Said notice shall, among other things, state the amount of the assessment
and the date for payment. A copy of the form of notice of assessment is available for
examination upon request at the office of the City Recorder.
Section 11. All Necessary Action Approved. The officials of the City are
hereby authorized and directed to take all action necessary and appropriate to effectuate
the provisions of this 2012 Assessment Ordinance.
Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with this 2012 Assessment Ordinance are hereby repealed.
Section 13. Publication of Ordinance. Immediately after its adoption, this
2012 Assessment Ordinance shall be signed by the Mayor and City Recorder and shall be
recorded in the ordinance book kept for that purpose. This 2012 Assessment Ordinance
shall be published once in The Salt Lake Tribune, a newspaper published and having
general circulation in the City, and shall take effect immediately upon its Effective Date.
Section 14. Notice of Assessment Interest. The City Treasurer is hereby
authorized and directed to file a Notice of Assessment Interest with the Salt Lake
County Recorder within five (5) days after the Due Date provided in Section 5. Such
Notice shall (a) state that the City has an assessment interest in the assessed property, (b)
describe the property assessed by legal description and tax identification number, and (c)
state the maximum number of years over which the assessment for operation and
maintenance activities will be payable (which number may be included in an attached
copy of the District L02 Assessment Ordinance).
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DMWEST#9292454 v2
PASSED AND APPROVED by the City Council of the City, this October 23,
2012.
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PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the Mayor for his approval or
disapproval on this October 3o, 2012.
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MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this October 3D , 2012.
'al1h Becker, Mayor
8 2012 Assessment Ordinance
DMWEST#9292454 v2
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
I, Cindi Mansell, the duly appointed, qualified, and acting City Recorder of Salt
Lake City, Utah, do hereby certify that the above and foregoing is a full, true, and correct
copy of the record of proceedings had by the City Council of Salt Lake City, Utah, at its
meeting held on October 23, 2012, insofar as the same relates to or concerns Salt Lake
City, Utah Lighting District L02 as the same appears of record in my office.
I further certify that the 2012 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on October 23,
2012.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City this October 23, 2012.
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STATE OF UTAH ) CERTIFICATE OF MAILING
: ss. NOTICE OF ASSESSMENT
COUNTY OF SALT LAKE )
I, Daniel Mule, the duly appointed, qualified, and acting City Treasurer of Salt
Lake City, Utah, do hereby certify that on November 15, 2012, I caused to be mailed a
Notice of Assessment to each property owner in Salt Lake City, Utah Lighting District
L02 by United States Mail, postage prepaid, at the last known address of such owner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City, Utah this November 15, 2012.
By: 0041n4.4c.Q a. . m.ccte,
City Treasurer
10 2012 Assessment Ordinance
DMWEST#9292454 v2
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication,indicating by the affidavit of the
publisher that the said 2012 Assessment Ordinance levying the special assessments
adopted by the City Council on October 23, 2012, was published one time in The Salt
Lake Tribune.
1 I 2012 Assessment Ordinance
DMWEST 119292454 v2
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Cindi Mansell, the undersigned City Recorder of Salt Lake City, Utah (the
"City"), do hereby certify, according to the records of the City in my official possession,
and upon my own knowledge and belief, that in accordance with the requirements of
Section 52-4-202, Utah Code Annotated 1953, as amended, I gave not less than twenty-
four (24) hours public notice of the agenda, date, time, and place of the October 23,
2012, public meeting held by the City Council as follows:
(a) By causing a Notice, in the form attached hereto as Schedule 1, to
be posted at the principal office of the City Council at 451 South State Street, Salt
Lake City, Utah, on October 19, 2012, at least twenty-four (24) hours prior to the
convening of the meeting, said Notice having continuously remained so posted
and available for public inspection until the completion of the meeting;
(b) By causing a copy of such Notice, in the form attached hereto as
Schedule 1, to be delivered to The Salt Lake Tribune on October 19, 2012, at
least twenty-four (24) hours prior to the convening of the meeting; and
(c) By causing a copy of such Notice to be posted on the Utah Public
Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the
convening of the meeting.
In addition, the Notice of 2012 Annual Meeting Schedule for the City Council
(attached hereto as Schedule 2) was given specifying the date, time, and place of the
regular meetings of the City Council to be held during the year, by causing said Notice to
be (a) posted onircEs c.a_ 3/ , 201k, at the principal office of the City Council, (b)
provided to at least one newspaper of general circulation within Salt Lake City on
Dr ,,,ogt2 z f , 2011, and (c) published on the Utah Public Notice Website
(http://pmn.utah.gov) during the current calendar year.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature this
October 23, 2
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DMWEST#9292454 v2
SCHEDULE I
NOTICE OF MEETING
A-2 2012 Assessment Ordinance
DMWEST#9292454 v2
AGENDA
CITY COUNCIL of SALT LAKE CITY
Tuesday,October 23,2012
(The public is incited to listen to the discussion.)
2:00 p.m.Work Session
7:0o p.m.Formal Meeting(public comment section is included)
Items listed below may be moved and discussed in a different portion of the Agenda based on
circumstance and availability of speakers.
A. WORK SESSION:2:00 p.m.in Room 326,City&County Building,451 South State St.
Approximate
Start Time
1. Preservation Design Guidelines—Residential,Commercial and -2:00 p.m.
Signs
The Council will receive briefings regarding proposed design guidelines
for residential properties,commercial properties and signs in the City's
historic districts and landmark sites.These guidelines have been
developed to provide property owners,residents,City staff and the
Historic Landmark Commission guidance in the careful treatment of the
City's historic resources.The guidelines recognize that change is inevitable
in order for historic buildings and historic districts to remain vital parts of
the City.The guidelines are advisory in nature and are intended to help
evaluate and interpret the general preservation design standards in the
City's zoning regulations.
a. Residential
An ordinance that would update the existing design guidelines for
residential properties within the H-Historic Preservation Overlay
District and landmark sites and create a preservation handbook.The
proposal would implement current preservation best practices,
provide flexibility in addressing projects on a case-by-case basis and
provide information on:
• Preservation principles
• Background on the history and architectural development of
the City
• How usage of the guidelines for rehabilitation and new
construction projects and addressing unique circumstances
for specific projects
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Salt LakeCit} Council Agenda
Tuesday,October 23, 2012
Related provisions of Title 21A—Zoning, may also be amended as
part of this petition. Petitioner-Mayor Ralph Becker; Petition No.
PLNPCM2o11-00471
b. Commercial
An ordinance that would establish design guidelines for commercial
properties within the H-Historic Preservation Overlay District and
landmark sites.The proposal would:
• Implement current preservation best practices
• Provide flexibility in addressing projects on a case-by-case
basis
• Serve as the basis for making informed and consistent
decisions
Related provisions of Title 21A—Zoning,may also be amended as
part of this petition. Petitioner-Mayor Ralph Becker; Petition No.
PLNPCM2oo9-00628.
c. Signs
An ordinance that would establish design guidelines for exterior
signs within the H-Historic Preservation Overlay District and
landmark sites.The proposal would:
• Implement current preservation best practices
• Provide flexibility in dealing with changes to existing signs
• Provide design guidance for future projects
Related provisions of Title 21A—Zoning,may also be amended as
part of this petition. Petitioner-Mayor Ralph Becker; Petition No.
PLNPCM2o11-00472.
2. Demolition -4:00p.m.
The Council will receive a follow-up briefing regarding an ordinance
amending Chapter 18.64 (Demolition), and Chapter 18.97(Mitigation of
Residential Housing Loss), and Section 18.48.250 (Boarded Building
Maintenance),Salt Lake City Code,to modify the process and
requirements for demolition of buildings and structures, and maintenance
of boarded buildings.The purpose of this ordinance is to provide for
timely completion of demolition and improvement of property thereafter
to ensure demolition is not detrimental to the use and enjoyment of
surrounding property,to avoid demolition by neglect,and to encourage
preservation of the City's housing stock. Petitioner-Salt Lake City
Council.
3. Restrictions on Parking Lots and Structures ~5:0o p.m.
The Council will receive a briefing on an ordinance amending sections of
the Salt Lake City Code regarding demolition of buildings for parking
structures, (Sections 21A.3o.o2o and 21A.44.o50). If adopted,the
amendments would prohibit the demolition of buildings for surface
parking lots in the Central Business District(D-1).The amendments also
would prohibit surface parking lots or parking structures on block corners
and Main Street. Parking development would be allowed in midblock
areas when constructed behind a building or 75 feet behind the front
property line.
Related provisions of Title 21A Zoning, may also he amended as part of
this petition. Petitioner-City Council Member Stan Penfold; Petition No.
PLNPCM2o12-00264. (Item C1)
2
Salt LakeCity Council Agenda
Tuesday,October 23,2012
4. Tentative-Council Philosophy Statements
The Council will hold a discussion to review philosophy statements.The
Council met in January to discuss priority focus areas and requested that
staff provide draft Philosophy Statements for review and refinement by
the public.The following philosophy statements have been adopted:
Economic Health of the City,Arts&Culture,Neighborhood Quality of Life
and Transportation&Mobility.The remaining philosophy statements will
be considered:Sustainability,Parks and Open Space,and Education.
(Item D7a,Item D7b,Item C5)
5. G,G&D Woodruff LLC Housing Trust Fund Loan Written
Briefing Only
The Council will receive a written briefing regarding a request by G,G&D
Woodruff LLC for a S5oo,o0o Housing Trust Fund Loan at 3%simple
interest per annum.The 3o-year loan would be used to construct the
Brunswick Place Apartment Building at 245 South 200 East.The seven-
story project would consist of 132 residential units--127 of which would
be affordable rental housing units for residents who earn 75 percent or
less of the City's area median income.
6. Narrowing of Hot Springs Road Written
Briefing Only
The Council will receive a written briefing regarding a petition by Thomas
A.Wolff to narrow Hot Springs Road right-of-way between Duluth Avenue
and 1500 North adjacent to his property.The proposal would also close a
portion of the alley adjacent to his property.The petitioner would pay fair
market value for the property per City guidelines.Petition No.
PLNCPM2008-00294.
(Item H3)
7. Board Appointment Interview:Mike McKee,Golf Enterprise —6:10 p.m.
Fund Advisory Board
The Council will interview Mike McKee prior to consideration of his
appointment to the Golf Enterprise Fund Advisory Board.
(Item H4)
8. Board Appointment Interview:Andrea Olson,Transportation 6:15 p.m.
Advisory Board
The Council will interview Andrea Olson prior to consideration of her
appointment to the Transportation Advisory Board.
(Item H5)
9, Board Appointment Interview:Marilyn Pearson,Housing Trust 6:2o p.m.
Fund Advisory Board
The Council will interview Marilyn Pearson prior to consideration of her
appointment to the Housing Trust Fund Advisory Board.
(Item H6)
to. Report of the Executive Director
Report of the Executive Director,including a review of Council
information items and announcements.
Salt I,akeCity Council Agenda
Tuesday, October 23, 2012
11. Report of the Chair and Vice Chair
Report of the Chair and Vice Chair, including an update on Council
interest items and a report on meetings with the Chair and Vice Chair of
various City Boards&Commissions, and follow-up from the Council's
recent retreat.
12. TENTATIVE Closed Session
The Council will consider a motion to enter into Closed Session,in keeping
with Utah Code §52-4-204, for any of the following purposes:
a)Discussion of the character,professional competence,or physical or mental
health of an individual,pursuant to Utah Code§52-4-205(1)(a).;
b)A strategy session to discuss collective bargaining,pursuant to Utah Code§
52-4-205(1)(b);
c)A strategy session to discuss the purchase,exchange,or lease of real property
(including any form of water right or water shares)when public discussion of the
transaction would disclose the appraisal or estimated value of the property under
consideration or prevent the City from completing the transaction on the best
possible terms,pursuant to Utah Code§52-4-205(1)(d);
d)A strategy session to discuss pending or reasonably imminent litigation,
pursuant to Utah Code§52-4-205(1)(c);
e)A strategy session to discuss the sale of real property(including any form of
water right or water shares)if(i)public discussion of the transaction would
disclose the appraisal or estimated value of the property under consideration or
prevent the City from completing the transaction on the best possible terms,(2)
the City previously gave notice that the property would be offered for sale,and
(3)the terms of the sale are publicly disclosed before the City approves the sale;
f)For attorney-client matters that are privileged,pursuant to Utah Code§78B-1-
137;
g)A strategy session to discuss deployment of security personnel,devices or
systems pursuant to Utah Code§52-4-205(1)(0.;and
h)A session to investigate proceedings regarding allegations of criminal
misconduct,pursuant to Utah Code§52-4-205(1)(g),
FORMAL MEETING
B. OPENING CEREMONY:
7:0o p.m. in Room 315, City&County Building, 451 South State St.
Council Chair Soren Simonsen will conduct the Formal Council Meeting.
1. Pledge of Allegiance.
2. The Council will approve the meeting minutes of Tuesday, October 2, and Tuesday,October 9,
2012.
3. The Mayor and the Council will recognize Frank Gray, Director of Community and Economic
Development,for his many years of service to the City.
4. Acknowledgement of the Fairmont Neighborhood recognition as a"Great Place"by the
American Planning Association.
5. Acknowledgement of the"Outstanding Achievement Award" recognizing the Wasatch Canyons
Tomorrow Plan,given to the partnership of Envision Utah, Salt Lake City,Salt Lake County,the
State of Utah,Utah Transit Authority,and the U.S. Forest Service.
4
Salt LakeCity Council Agenda
Tuesday,October 23, 2012
C. PUBLIC HEARINGS:
i. Restrictions on Parking Lots and Structures in the Central Business District Amendments
Accept public comment and consider adopting an ordinance amending sections of the Salt Lake
City Code regarding demolition of buildings for parking structures, (Sections 21A.30.o2o and
21A.44.o50). If adopted,the amendments would prohibit the demolition of buildings for surface
parking lots in the Central Business District(D-i).The amendments also would prohibit surface
parking lots or parking structures on block corners and Main Street. Parking development
would be allowed in midblock areas when constructed behind a building or 75 feet behind the
front property line. Related provisions of Title 21A-Zoning, may also be amended as part of this
petition. Petitioner-City Council Member Stan Penfold; Petition No. PLNPCM2o12-oo264.
Staff Recommendations: Close and consider options.
2. Ordinance: Grade Change Amendments
Accept public comment and consider adopting an ordinance amending sections of the City's
Zoning regulations relating to grade change.The purpose of the proposed changes is to clarify
the current regulations and close loopholes,including:
• Defining building height, established grade, natural grade,finished grade, dormer and
exterior wall height
• Modifying regulations regarding obstructions in required yard areas relating to grade
changes for commercial and residential structures
• Clarifying and updating the foothill zoning regulations relating to grade changes
• Clarifying the Yalecrest Compatible Infill Overlay zoning regulations,lot and bulk
standards,fences,walls and hedges that relate to measuring height from established or
finished grade
• Replacing and updating illustrations for the definitions
• Fine tuning
Related provisions of Title 21A—Zoning,may also be amended as part of this petition.
Petitioner-Mayor Ralph Becker; Petition No.PLNPCM2oio-00055•
Staff Recommendations: Close and consider options.
3. Ordinance: Utah Metal Works Alley Vacation
Accept public comment and consider adopting an ordinance that would close and vacate an
alley as a public right-of-way adjacent to property located at approximately 808 West Everett
Avenue. If adopted,Utah Metal Works,which owns the adjacent property,would purchase the
alley and integrate it in the company's existing outdoor recycling facility.Petitioner-Utah Metal
Works; Petition No.PLNPCM2o12-00337•
Staff Recommendations: Close and consider options.
5
Salt LakeCity Council Agenda
Tuesday,October 23, 2012
4. Ordinance: Central Community Master Plan and Zoning Map Amendments, Strategic Capital
Group
Accept public comment and consider adopting an ordinance that would amend the Future Land
Use Map of the Central Community Master Plan and amend the zoning map in relation to
property located at 538 East 50o South Street.The proposal would modify the Central
Community Future Land Use Map from Medium Density Residential to Residential Office
Mixed Use.The proposal would also change the zoning on one parcel located at 538 East 500
South from an RMF-35 Moderate Density Multi-Family Residential District to an RO
Residential Office District.The changes would facilitate combining four parcels on 50o South
between 50o East and 60o East for a future multi-family residential development under one
consistent zoning classification.
Related provisions of Title 21A—Zoning,may also be amended as part of this petition.
Petitioner— Strategic Capital Group; Petition Nos.PLNPCM2o12-oo305 and PLNPCM2o12-
00359.
Staff Recommendations: Close and consider options.
5. Resolution: Council Philosophy Statement: Education.
Accept public comment and consider adopting a resolution regarding a philosophy statement on
Education.The Council met in January to discuss priority focus areas and requested that staff
provide draft Philosophy Statements for review and refinement.The seven priority areas are:
Economic Health of the City,Arts&Culture,Neighborhood Quality of Life,Transportation and
Mobility,Parks&Open Space, Sustainability&Education.
•
Staff Recommendations: Close and consider options.
6. Resolution: Industrial Development Revenue Bonds,Series 2012(Uinta Brewing Co)
Accept public comment with respect to the proposed issuance of not more than $2,000,000
aggregate principal amount of the City's Industrial Development Revenue Bonds, Series 2012
(Uinta Brewing Co.) (the"Bonds")and the location and nature of the Project. The City proposes
to lend the proceeds of the Bonds to Uinta Brewing Co. (the"Owner")for the purpose of
financing the costs of the acquisition,construction, equipping and furnishing of an
approximately 34,00o square-foot expansion facility to be constructed on approximately 2.5
acres of land,to be located at approximately i76o South Fremont Drive,in Salt Lake City,Utah,
to be owned and used by the owner as a brewery and related manufacturing facilities.
Staff Recommendations: Close and consider options.
D. POTENTIAL ACTION ITEMS
i. Ordinance: Proposed Salt Lake City Historic Preservation Plan
Consider adopting an ordinance regarding the proposed Salt Lake City Historic Preservation
Plan.The Plan would be the key strategic document to guide preservation activity and inform
decisions relating to budget priorities,development of incentives,master plans, zoning text and
map amendments, and site specific development. Petitioner-Salt Lake City Council;Petition
No. PLNPCM2oo9-oo171..
Staff Recommendations: Consider options.
6
Salt LakeCity Council Agenda
Tuesday,October 23, 2012
2. Ordinance: Local Historic District/ Landmark Site Designation Zoning Regulation Changes
Consider adopting an ordinance to modify the process and adoption criteria for establishing
new Local Historic District and Historic Landmark sites.The proposal would:
• Clarify the types of designations that can be approved
o Landmark Sites
o Geographic-based Historic District
o Thematic Based Historic Districts
• Clarify who can initiate a petition to designate a new local historic district:
o The Mayor
o A majority of City Council Members
o A property owner with support from a certain percentage of the total number of
property owners within the proposed district
• Define the staff review process
• Outline how to assist gauging the level of property owner support for creation of a new
local Historic District
Related provisions of Title 21A—Zoning,may also be amended as part of this petition.
Petitioner -Mayor Ralph Becker;Petition No. PLNPCM2o11-00723.
Staff Recommendations: Consider options.
3. Ordinance: Creation of a Character Conservation Overlay Zoning District
Consider adopting an ordinance creating a Character Conservation Overlay Zoning District and
related zoning regulations.The purpose of a Character Conservation Overlay Zoning District is
to:
• Protect desirable and unique physical features and design characteristics
• Promote economic revitalization
• Enhance the livability of the city
• Reduce conflict caused by incompatible development and promote compatible
development
• Provide a planning tool for future developments
• Stabilize property values
• Retain affordable housing
Related provisions of Title 21A—Zoning,may also be amended as part of this petition.
Petitioner-Mayor Ralph Becker; Petition No. PLNPCM2o11-00473•
Staff Recommendations: Consider options.
4. Ordinance: Historic Preservation Fine Tuning
Consider adopting an ordinance to provide clarity and efficiency relating to the Historic
Preservation Overlay zoning regulations.This proposal includes the following items:
• Improve clarity without changing the intent of specific zoning regulations
• Streamline the approval process for applicants
• Allow the Historic Landmark Commission to modify bulk and lot regulations in historic
districts
• Address ongoing problems with administration of existing regulations
• Clarify the length of time a Certificate of Appropriateness is valid
• Clarify wording that may be open to interpretation
Related provisions of Title 21A—Zoning, may also be amended as part of this petition.
Petitioner-Mayor Ralph Becker; Petition No. PLNPCM2o11-00470.
Staff Recommendations: Consider options.
7
Salt LakeCity Council Agenda
Tuesday,October 23, 2012
5. Ordinance: Localized Alternative Sign Overlay District for Library Square
Consider adopting an ordinance amending Section 21A.46.1.2o of the Salt Lake City Code to
create a sign overlay district for Library Square.The proposal would allow businesses at Library
Square,the Library and The Leonardo to place permanent and temporary exterior signs around
the facilities in accordance with standards set in the ordinance.
Related provisions of Title 21A Zoning, may also be amended as part of this petition. Petitioner-
Mayor Becker; Petition No. PLNPCM2o11-00451.
Staff Recommendations: Consider options.
6. Ordinance: Authorizing Opinion Questions to be Submitted to the Voters
Consider adopting an ordinance enacting Chapter 2.69,Salt Lake City Code, authorizing
opinion questions to be submitted to the voters of Salt Lake City and establishing related
procedures. Petitioner- Salt Lake City Council.
Staff Recommendations: Consider options.
7. Resolutions: Council Philosophy Statements: Sustainability and Parks and Open Space
The Council met in January to discuss priority focus areas and requested that staff provide draft
Philosophy Statements for review and refinement.The seven priority areas are: Economic
Health of the City,Arts &Culture,Neighborhood Quality of Life,Transportation &Mobility,
Parks&Open Space, Sustainability&Education.
a. Consider adopting a resolution regarding a philosophy statement on Sustainability.
Staff Recommendation: Consider options.
b. Consider adopting a resolution regarding a philosophy statement on Parks and Open
Space
Staff Recommendation: Consider options.
E. COMMENTS:
i. Questions to the Mayor from the City Council.
2. Comments to the City Council. (Comments are taken on any item not scheduled for a public
hearing, as well as on any other City business. Comments are limited to two minutes.)
F. NEW BUSINESS:
1. TENTATIVE-Resolution: Interlocal Cooperation Agreement with UTA and other Wasatch
Front Cities for Rail Quiet Zone
Consider adopting a resolution authorizing the Mayor to sign an interlocal cooperation
agreement with Utah Transit Authority,Salt Lake City Corporation, Lehi City, City of South Salt
Lake, Murray City, Sandy City, South Jordan City, Draper City, Bluffdale City,American Fork
City,Vineyard Town, Orem City, and Provo City for the creation of the Commuter Rail
Frontrunner South Quiet Zone.
Staff Recommendation: Suspend the rules and adopt.
8
Salt LakcCity Council Agenda
Tuesday,October 23,2012
G. UNFINISHED BUSINESS:
1. Authorizing the Issuance and the Sale of Water and Sewer Improvement and Refunding
Revenue Bonds
a. Consider adopting a parameters resolution authorizing the issuance and sale of up to
$30,000,000 aggregate principal amount of the City's water and sewer improvement
and refunding revenue bonds,in one or more series,to finance all or a portion of
certain improvements,facilities and property that will be part of the City's water,
sewer and stormwater system and to refund in advance of their maturity certain of
the City's currently outstanding water and sewer revenue bonds.
b. Set the date of Tuesday,November 13,2012 at 7:oo p.m.(included as part of the
parameters resolution)to receive input from the public with respect to the issuance
of the City's water and sewer revenue bonds to finance certain improvements,
facilities and property that will be part of the City's water,sewer and stormwater
system,including,but not limited to the construction of a waste activated sludge
mechanical thickening process at the City's sewer treatment plant and various sewer
collection line replacements,and the potential economic impact that such
improvements,facilities and property will have on the private sector.
Staff Recommendation: Adopt the resolution and set the date.
2. Resolution:New Performing Arts Center Prioritized List
Consider adopting a resolution approving the List of Prioritized Optional Elements for the New
Performing Arts Center.The list is designed to give appropriate design guidance to the
Administration and the architects regarding the future development of the project.
Staff Recommendation: Consider options.
3. Ordinance:Revisions to Salt Lake City Criminal Code
Consider adopting an ordinance updating the Salt Luke Criminal Code and some camping
related ordinance revisions in the Salt Lake City Code.The proposal would repeal the City's
criminal code provisions that duplicate Utah statutes.The City Prosecutor's Office,City
Attorney's Office and Police Department have concluded that some duplicate provisions are not
necessary.
Staff Recommendation: Consider options.
4. Resolution:2012-2013 Capital Improvement Projects
Consider adopting a resolution which includes the remaining Capital Improvement Program
(CIP)allocations for Fiscal Year 2012-13.Note:Capital improvements involve the construction,
purchase or renovation of buildings,parks,streets or other physical structures.Generally,
projects have a useful life of five or more years and cost$50,000 or more.
Staff Recommendation: Consider options.
H. CONSENT:
1. Ordinance:Annual Assessment for Special Lighting,District 1,02
Consider adopting an ordinance(The"2012 Assessment Ordinance")approving an assessment
list and levying an annual assessment upon property in Salt Lake City,Utah Lighting District
No.2,known as Lo2("District Lo2");establishing the effective date of the 2012 Assessment
Ordinance;providing for a procedure to contest an assessment;and related matters.
Staff Recommendation: Adopt.
9
Salt LakeCity Council Agenda
Tuesday,October 23,2012
2. Set the date OrdinanceBudget Amendment No. for FY 2012-13
Set the date of Tuesday,November 27,2012 at 7:oopm to accept public comment and consider
adopting an ordinance amending the Final Budget of Salt Lake City,including the employment
staffing document,for Fiscal Year 2012-13.Budget amendments happen several times each year
to reflect adjustments to the City's budgets,including proposed project additions and
modifications.This amendment contains a number of proposed adjustments to the FY 2012-13
budget,including:
• Two recommended Fire Department studies;one study for Fire Station No.3 in Sugar
House,and one to review current service levels and assist in the development or
modification of service levels to ensure safe and effective responses for fire suppression,
emergency medical services,and specialty response situations
• Study fora crime lab&evidence storage facility
• Wetland mitigation at the Regional Athletic Complex
• Mid-year adjustments for the Salt Lake Valley Solid Waste Management Facility(the
"Landfill")
• Changes to the scope and funding for the remodel of the City's Plaza 349 building
A full list of the proposed adjustments can be found in the Administration's paperwork.
Staff Recommendation: Set the date.
3. Set the date:Ordinance:Narrow the width of the Hot Springs Road right-of-way between
Duluth Avenue and tsoo North
Set the date of Tuesday,November 13,2012 at 7:0o pm to accept public comment and consider
adopting an ordinance regarding a petition by Thomas A.Wolff to narrow Hot Springs Road
right-of—way Duluth Avenue and 150o North adjacent to his property.The proposal would also
close a portion of the alley adjacent to his property.The petitioner would pay fair market value
for the property per City guidelines.Petition No.PLNCPM2008-00294.
Staff Recommendation: Set the date.
4. Board Appointment:Mike McKee,Golf Enterprise Fund Advisory Board
Consider approving the appointment of Mike McKee to the Golf Enterprise Fund Advisory
Board for a term extending through July 18,2016.
Staff Recommendation: Approve.
5. Board Appointment:Andrea Olson,Transportation Advisory Board
Consider approving the appointment of Andrea Olson to the Transportation Advisory Board for
a term extending through September 29,2014.
Staff Recommendation: Approve.
6. Board Appointment:Marilyn Pearson,Housing Trust Fund Advisory Board
Consider approving the appointment of Marilyn Pearson to the Housing Trust Fund Advisory
Board for a term extending through December 29,2014.
Staff Recommendation: Approve.
10
Salt LakeCity Council Agenda
Tuesday, October 23, 2012
I. ADJOURNMENT:
CERTIFICATE OF POSTING
On or before 5:0o p.m. on_ _ _Or tnhpr 1 q, 2012 _, the undersigned,duly appointed City
Recorder, does hereby certify that the above notice and agenda was (1)posted on the Utah Public
Notice Website created under Utah Code Section 63F-1-7oi, and(2) a copy of the foregoing provided
to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any
others who have indicated interest.
CINDI L. MANSELL, MMC/CRM
SALT LAKE CITY RECORDER
Final action may be taken in relation to any topic listed on the agenda, including but
not limited to adoption, rejection, amendment, addition of conditions and variations
of options discussed.
Access agendas and supporting documentation to agenda items at
http://council.slcgov.com/agendas/default.htm
* Open City Hall is an online discussion forum for topics on which the City is seeking the Public's
input. Items that are listed as Open City Hall topics may be found at:
http://www.slcclassic.com/opencityhall/.
In accordance with State Statute,City Ordinance and Council Policy, one or more Council Members
may be connected via speakerphone.After 5:oo p.m., please enter the City&County Building
through the main east entrance.
Notice of Special Accommodations in Compliance with the Americans with Disabilities Act:
• Please make requests for reasonable accommodation at least three working days prior to
council meetings by calling the City Council Office at 801-535-7600.
• The City and County Building is an accessible facility with an entrance located on the street
level of the east side of the building.
11
SCHEDULE 2
NOTICE OF ANNUAL MEETING SCHEDULE
A-3 2012 Assessment Ordinance
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EXHIBIT B
ASSESSMENT LIST
B-I 2012 Assessment Ordinance
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Salt Lake City, Utah
October 23, 2012
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday, October 23, 2012, at the hour of 7:00 p.m. at the offices of the City Council at
451 South State Street, Salt Lake City, Utah, at which meeting there were present and
answering to roll call the following members who constituted a quorum:
Soren Dahl Simonsen Chair
Charlie Luke Vice Chair
Stan Penfold Councilmember
Kyle LaMalfa Councilmember
Luke Garrott Councilmember
Jill Remington-Love Councilmember
Also present:
Ralph Becker Mayor
Edwin P. Rutan, II City Attorney
Scott Crandall Deputy City Recorder
Absent:
Carlton Christensen Councilmember
After the meeting had been duly called to order and after other matters not
pertinent to this ordinance had been discussed, the City Recorder presented to the City
Council a Certificate of Compliance with Open Meeting Law with respect to this October
23, 2012, meeting, a copy of which is attached hereto as Exhibit A.
The Chair then noted that the Council is now convened in this meeting for the
purpose, among other things, of adopting an ordinance levying assessments (the
"Ordinance") for Salt Lake City, Utah Lighting District No. 2 (now known as "District
L02"). The Chair noted that a board of equalization and review had held hearings with
respect to the assessments to be levied pursuant to the Ordinance on August 3, 4 and 5,
2010 and pursuant to Section 11-42-401(7), the Council is authorized to levy assessments
for District 1,02 to pay the operation and maintenance costs of District L02. The
following Ordinance was then introduced in writing, was fully discussed, and pursuant to
motion duly made by Councilmember Garrott and seconded by Councilmember Luke
adopted by the following vote:
2012 Assessment Ordinance
DMWEST#9292454 v2
AYE: Unanimous
NAY: None
The Ordinance was then signed by the Chair, presented to and approved by the
Mayor, and recorded by the City Recorder in the official records of Salt Lake City, Utah.
The Ordinance is as follows:
2 2012 Assessment Ordinance
DMWEST#9292454 v2