028 of 2011 - authorizing the issuance and sale of not more than $5,500,000 aggregate principal amount of Facility R 11-1
Q 11-4
RESOLUTION NO. 28 OF 2011
A resolution of the City Council of Salt Lake City, Utah (the "City")
authorizing the issuance and sale of not more than $5,500,000 aggregate
principal amount of the City's Facility Revenue Bonds, Series 2011
(Cookietree, Inc. Project) to finance the costs of the acquisition,
construction and improvement of facilities for Cookietree, Inc.; providing
for the publication of a Notice of Bonds to be Issued and a Notice of
Public Hearing; providing for the running of a contest period; and related
matters.
WHEREAS, the City is authorized by the Utah Industrial Facilities and
Development Act, Chapter 17, Title 11, Utah Code Annotated 1953, as amended (the
"Act") to issue revenue bonds for the purpose of defraying the cost of acquiring,
constructing, equipping and furnishing land, buildings, facilities and improvements which
are suitable for use for any business purposes and that title to or in such facilities may at
all times remain in the Borrower and in such case the bonds of the City shall be secured
by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt
obligations of the Borrower; and
WHEREAS, there has been presented to the City at this meeting a request from
Cookietree, Inc. (the "Borrower"), asking the City to adopt a resolution authorizing the
issuance and sale of the City's facility revenue bonds, the proceeds of which will be used
to finance expenditures incurred by the Borrower for the acquisition, construction,
improvement, equipping and firrnishing of manufacturing facilities to be located in Salt
Lake City, Utah(the"Project"); and
WHEREAS, the Bonds shall be special limited obligations of the City payable
solely from and secured by revenues, rights, interests and collections pledged by the
Borrower and shall not constitute nor give rise to a general obligation or liability (legal or
equitable) of the City or of the State of Utah or of any subdivision thereof or a charge
against either of their general credit or taxing power; and
WHEREAS, the City has determined that it would be in firrtherance of the
purposes of the City and the Act to issue not more than $5,500,000 of its Facility
Revenue Bonds, Series 2011 (Cookietree, Inc. Project) (the `Bonds") with a maturity not
in excess of 30 years from the date of their issuance for the purpose of financing the
Project; and
WHEREAS, Section 11-17-16 of the Act provides for the publication of a Notice
of Bonds to be Issued, and the City desires to publish such a notice at this time in
compliance with the Act with respect to the Bonds and to give notice of a public hearing
to be held by the City with respect to the Bonds; and
WHEREAS, the Bonds are expected to be issued pursuant to certain agreements
to be approved by the City Council in a resolution authorizing the issuance of the Bonds
(the"Final Bond Resolution");
DMWEST#8354349 v& 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SALT
LAKE CITY,UTAH,AS FOLLOWS:
Section 1. All terms defined in the foregoing recitals hereto shall have the
same meanings when used herein.
Section 2. All action heretofore taken (not inconsistent with the provisions of
this Resolution), by the City and by the officers of the City directed toward the issuance
of the Bonds are hereby ratified, approved and confirmed.
Section 3. In order to finance the acquisition, construction, improvement,
equipping and furnishing of the Project with the resulting public benefits which will flow
therefrom, the City hereby expresses its intent to finance certain qualified expenditures
incurred with respect to the Project with proceeds of an issue of Bonds issued and sold
pursuant to the provisions of the Act in a principal amount sufficient to pay the cost of
financing the Project, together with costs incident to the authorization, sale and issuance
of the Bonds (to the extent permitted by law), the aggregate cost of the Project and the
cost of authorization, sale and issuance of the Bonds being presently estimated not to
exceed $5,500,000. The Council hereby authorizes the issuance of the Bonds in an
amount not to exceed $5,500,000 and with a maturity not in excess of 30 years from the
date of their issuance and declares its intention to issue the Bonds according to the
provisions of this Resolution and a Final Bond Resolution to be adopted at or about the
time of the sale of the Bonds. In addition, the Council hereby expresses the intent of the
City to reimburse qualified costs of the Project in accordance with the provisions of
Treasury Regulation Section 1.150-2. Notwithstanding anything herein contained to the
contrary the City shall have no liability to the Borrower or any other person for any costs
or funds advanced if the Bonds are not issued.
Section 4. The City is expected to loan the proceeds of the Bonds to the
Borrower pursuant to certain agreements among the City, JP Morgan Chase Bank (the
"Bank") and the Borrower whereby the Borrower will be obligated, among other things,
(i) to make payments to the Bank in amounts and at times sufficient to pay the principal
of and premium, if any, and interest on all of the Bonds and (ii) to provide, or cause to be
provided, collateral or other security to secure payment of the Bonds in such manner and
in such amounts as the Bank, as purchaser of the Bonds,deems appropriate. The City has
not authorized the pledge of its credit for the payment of the Bonds or the financing of
the Project.
Section 5. In accordance with provisions of the Act and in order to comply
with Section 147(f) of the Internal Revenue Code of 1986, as amended, the City Recorder
is hereby authorized to publish one (1) time in The Salt Lake Tribune, a newspaper of
general circulation within the City, a "Notice of Bonds to be Issued and of Public
Hearing" at least fourteen(14) days prior to September 6, 2011, the hearing date set forth
in said Notice, and the Council will meet in public session on September 6, 2011 to
receive public comment on the proposed issuance of Bonds. The City Recorder shall also
cause a copy of this Resolution(together with all exhibits hereto)to be kept on file in her
office in Salt Lake City, Utah, for public examination during the regular business hours
DMWEST#8354349 v6 3
e
of the City until at least thirty (30) days from and after the date of publication thereof.
The Notice of Bonds to be Issued and of Public Hearing shall be in substantially the
following form:
NOTICE OF BONDS TO BE ISSUED
AND OF PUBLIC HEARING
CITY COUNCIL OF
SALT LAKE CITY, UTAH
NOTICE IS HEREBY GIVEN pursuant to the provisions of the Utah Industrial
Facilities and Development Act, Title 11, Chapter 17, Utah Code Annotated 1953, as
amended (the "Act"), that on August 9, 2011, the City Council (the "Council") of Salt
Lake City, Utah (the "City") adopted a resolution (the "Resolution") in which it
authorized the issuance of the City's Facility Revenue Bonds, Series 2011 (Cookietree,
Inc. Project)(the `Bonds") in the aggregate principal amount of not to exceed $5,500,000
and with a maturity not in excess of 30 years from the date of their issuance. Pursuant to
the Resolution, the City proposes to lend the proceeds of the Bonds to Cookietree, Inc.
(the "Owner") for the purpose of financing the costs of the acquisition, construction,
improvement, equipping and furnishing of an approximately 95,000 square-foot
manufacturing facility (the "Project"), to be located at approximately 4010 West
Advantage Circle, Salt Lake City, Utah, to be owned and used by the Owner as a
manufacturing facility for the production of baked goods.
NOTICE IS FURTHER GIVEN that, in connection with the City's proposed
issuance of the Bonds, the City will meet on Tuesday,.September 6, 2011 at 451 South
State Street, Room 315, Salt Lake City, Utah, at 7:00 p.m. for the purpose of conducting
a public hearing. Interested individuals are invited to express their views, both orally and
in writing, on the proposed issue of the Bonds and the location and nature of the Project.
Comments at the public hearing are invited. Written comments may be submitted to the
City at its Council's office located at 451 South State Street, Room 304, Salt Lake City,
Utah, until 5:00 p.m. on September 6, 2011. Additional information may be obtained
from the City at its office shown above or by calling (801) 535-7600. Subsequent to the
hearing, the Council will consider approving the Bonds for the Project.
The City is authorized to issue the Bonds pursuant to the Act. The Bonds will be
special limited obligations of the City payable solely from amounts provided by the
Owner under certain agreements pursuant to which the Bonds will be issued (the
"Agreements"). The Bonds and the interest thereon will not be a debt of the City or of
the State of Utah or any political subdivision, and neither the City nor the State of Utah or
any political subdivision will be liable thereon, and in no event will the Bonds or the
interest thereon be payable out of any funds or properties other than those of the City
expressly provided therefor under the Agreements. The Bonds will not constitute an
indebtedness within the meaning of any constitutional or statutory debt limitation or
restriction.
DMWEST#8354349 v6 4
The Bonds are to be issued and sold by the City pursuant to the Resolution, a
Final Bond Resolution, and the Agreements, which shall contain such terms and
provisions as shall be approved by the City in the Final Bond Resolution. A copy of the
Resolution is on file in the office of the City Recorder of the City at 451 South State
Street, Room 415, Salt Lake City, Utah, where it may be examined during regular
business hours of the City Recorder from 8:00 a.m. to 5:00 p.m. for a period of at least
thirty (30)days from and after the date of publication of this notice.
NOTICE IS FURTHER GIVEN that a period of thirty (30) days from and after
the date of the publication of this notice is provided by law during which any person in
interest shall have the right to contest the legality of the Resolution or the Bonds, or any
provision made for the security and payment of the Bonds, and that after such time, no
one shall have any cause of action to contest the regularity, formality or legality thereof
for any cause whatsoever.
Date: August 9, 2011.
SALT LAKE CITY, UTAH
/s/ Scott C. Crandall
Deputy City Recorder
Published in The Salt Lake Tribune
DMWEST#8354349 v6 5
Section 6. If any provisions of this resolution should be held invalid, the
invalidity of such provision shall not affect the validity of any of the other provisions of
this resolution.
Section 7. No member of the City Council or employee of the City has any
interest, direct or indirect, in the transactions contemplated by the City as described
herein.
Section 8. All resolutions of the City or parts thereof, inconsistent herewith,
are hereby repealed to the extent only of such inconsistency.
Section 9. This resolution shall become effective immediately upon its
adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF SALT LAKE CITY,
UTAH THIS 9TH DAY OF AUGUST, 2011.
Chair
ORAlS$;
A ST:
Deputy i y ecorder
APPROVED AS TO FORM
Salt Lake City Attomeys Office
Date 8—ft— (I
DMWEST#8354349 v6 6
PRESENTATION TO THE MAYOR
The foregoing resolution was presented to the Mayor for his approval or
disapproval on 4ctfi qS, i g- , 2011.
By:
Chair
MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing resolution is hereby approved on this a
2011.
By:
Mayor
DMWEST#8354349 v6 7
STATE OF UTAH )
:ss.
COUNTY OF SALT LAKE )
I, Scott C. Crandall, the undersigned duly appointed, qualified and acting Deputy
City Recorder of Salt Lake City, Utah(the"City"), do hereby certify:
1. The foregoing pages are a true, perfect and complete copy of a resolution
duly adopted by the City Council of the City during proceedings of the City Council of
the City, had and taken at a lawful regular meeting of said City Council held at the City
offices in Salt Lake City, on the 9th day of August,2011, commencing at the hour of 7:00
p.m., as recorded in the regular official book of the proceedings of the City kept in my
office, and said proceedings were duly had and taken as therein shown, and the meeting
therein shown was duly held, and the persons therein were present at said meeting as
therein shown.
2. All members of said City Council of said City were duly notified of said
meeting,pursuant to law.
3. There will be published one time in The Salt Lake Tribune a newspaper
having general circulation in Salt Lake City, Utah, a Notice of Bonds to be Issued and of
Public Hearing, the affidavit of which publication will, when available, be attached
hereto.
IN WITNESS WHEREOF, I have hereunto se my d and ed se of
said City this 9th day of August, 2011.
By:
Deputy bty Recorder
(SEA
DMWEST#8354349 v6 8
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW
I, Scott C. Crandall, the undersigned Deputy 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
August 9, 2011, public meeting held by the City Council of the City (the "City Council")
as follows:
(a) By causing a Notice, in the form attached hereto as Schedule 1, to
be posted at the City's principal offices on August. 4, 2011, 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 Notice, in the form attached hereto as Schedule 1, to
be delivered to The Salt Lake Tribune and/or the Deseret News on August 4,
2011, at least twenty-four(24)hours prior to the convening of the meeting; and
(c) By causing a Notice, in the form attached hereto as Schedule 1, 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 2011 Notice of Annual Meeting Schedule for the City Council, in
the form attached hereto as Schedule 2, was given specifying the date, time and place of
the regular meetings of said City Council to be held during the year, by causing said
Notice to be (i) posted on December 23, 2010, at the principal office of the City Council,
(ii)provided to at least one newspaper of general circulation within the City on January 1,
2011 and (iii) published on the Utah Public Notice Website (http://pnm.utah.gov) during
the current calendar year.
IN WITNESS WHEREOF, I have here o subscr' ed y off. signs 's
9th day of August,2011.
B
o Deputy Ci ecorder
SEAL
ATTACHMENTS:
Schedule 1-Meeting Notice
Schedule 2-Annual Meeting Notice
DMWEST#8354349 v6 A-1
C P
Salt Lake City Council �"" �""�•
City&County Building
451 South State Street - �
P.O.Box 145476
Salt Lake City,Utah 84114-5476
(801)535-7600 �„,,,,,
CITY COUNCIL MEETING AGENDA
ADDENDUM
Tuesday,August 9, 2011
3:30 p.m.Work Session or immediately following the 2:00 pan.Redevelopment Agency Meeting(the
public is invited to Zisten to the discussion)
7:00 p.m.Formal Meeting(public comment section is included)
A. WORK SESSION:Approximately 3:30 p.m.in Room 326,City&County Building,451 South
State St:
(Agenda items scbeduled during the Council's formal meeting may be discussed during the work
session.Items from the following list that Council is unable to complete in the work session from
approximately 3:30 p.m.—6:30 p.m.may be addressed in a work session setting following the
consent agenda.)
1. (TENTATIW)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)A strategy session to discuss coUective bargaining,pursuant to Utah Code§52-4-205(1)(b);
b)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(l)(d);
c)A strategy session to discuss pending or reasonably imminent litigation,pursuant to Utah Code§52-4-
205(1)(c);
d)A strategy session to discuss the sale of real property(including any form of water rggbt or water shares)if(1)
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;
e)For attorney-client matters that are privileged,pursuant to Utah Code§78B-1-137;and
fl A strategy session to discuss deployment of security personnel,devices or systems pursuant to Utah Code
Section 52-4-205(l)(t.
2. Report of the Executive Director,including a review of Council information items and
announcements.
CONTEVUED ON NEXT PAGE
Salt Lake City Council Agenda
Tuesday,August 9,2011
3. The Council will receive a briefing regarding a resolution authorizing the issuance and sale of
not more than$5,500,000 Facility Revenue Bonds, Series 2011 (Cookietree,Inc.Project),
Pursuant to the Resolution,the City will lend the proceeds of the Bonds to Cookietree,Inc.(the
"Owner")for the purpose of financing the costs of the acquisition,construction,improvement
equipping and furnishing of an approximately 95,000 square-foot manufacturing facility to be
located at approximately 4010 West Advantage Circle, Salt Lake City,Utah,to be owned and
used by the Owner as a manufacturing facility for the production of baked goods. (Item Gl)
4. The Council will receive a briefing regarding a request to rezone property located between 519
and 575 North 300 West from Residential Mixed Use(R-W to Commercial Business (CB).
This action-would allow office uses and a coffee shop with a drive-thru:window to be located in
the existing building.The uses are not permitted in the Residential Mixed Use zoning district.
Related provisions of Title 21A—Zoning may also be amended as part of this petition,
(Petitioner—Howa Capital,T_LC,Petition PLNPCM2011-000096) (Marmalade West)
5. The Council will receive a briefing regarding proposed changes to the City's zoning regulations
for wireless telecommunications antennas,facilities and equipment. Changes include-
encourage co-location, clarify screening requirements,include stealth antennas as permitted use,
and provide a defnition,, Clarify on. y electrical equipment location,refine area limits for walyroof
mounted antennas,remove conditional use requirement for certain antennas,eliminate
performance bond requirement for abandoned facilities and remove utility pole height
restriction: Related provisions of Title 21A—Zoning may also be amended as part of this
petition.(Petitioner-Mayor Ralph Becker,Petition PLNPCM20.1 0-0045)
6. The Council will receive a briefing regarding a resolution adopting the Restoration,Use and
Management Plan for Wasatch Hollow Open Space.The goal of the plan is to protect native
vegetation,water quality,and aquatic and terrestrial wildlife habitat,of Emigration Creek while
providing appropriate access and educational opportunities for the public.
7. The Council will receive a briefing regarding an Interlocal Agreement with Salt Lake County for
a Convention Hotel Consultant to develop a Request for Proposal for a Convention Center Hotel
in downtown Salt Lake City.
8. The Council will discuss a potential redistricting map proposal that could be submitted to the
State of Utah Redistricting Committee as the official recommendation from the,Salt Lake City
Couticil. At a recent public meeting,the State Redistricting Committee invited the Salt Lake
City Council,along with the public,to submit map proposals for the Committee's consideration.
U.S. Congressional and Utah House, Senate, and State Board of Education redistricting plans
submitted are expected to be reviewed by the State's Redistricting Committee ori August 19th.
9. The Council will receive a follow-up briefmg regarding the Mayor's recommended budget
relating to the Capital Improvement Program(CIP)for Fiscal Year 2011-2012. Capital
improvements involve the construction,purchase or renovation of buildings,parks,streets or
other physical strictures. Generally,projects have a useful life of five or more years and cost
$50,000 or'more.
2
Salt Lake City Council Agenda
Tuesday,August 9,2011
10. (TIME APPROMALI TE 6:10 P.Nf.)The Council will interview Stephanie Jensen prior to her
appointment to the Housing Trust Fund Board. (Item H4)
11, (TIM APPR03LMATE 6:20 P.M.)The Council will interview Casey O'Brien McDonough
prior to his appointment to the Business Advisory Board.(Item HS)
FORMAL MEETING
B. OPENING CEREMONY: 7.00 p.m.in Room 315,City&County Building,451. South State St.
Council Chair Jill Love will conduct the Formal Council Meeting.
1. Pledge of Allegiance.
2. The Council will approve the meeting minutes bf July 19,2011.
C. PUBLIC HEARINGS:
1. Ordinances:Truth-in-Taxation Hearing to adopt and ratify the rate of tax levy,for all City funds
including the LibM Fund,upon all real and personal 12raga within Salt Lake City made
taxable by law for Fiscal Year 2011-2012
Accept public comment and consider one or more ordinances adopting and ratifying the rate of tax
levy,for all City funds including the Library Fund,greater than the Certified Tax Rate,upon all
real and personal properly within Salt Lake City made taxable by law for Fiscal Year 2011-12.
(Included are two one-time,one-year property tax increases that will not be reflected on bills for
tax year 2012,and a separate proposal to enact a property tax increase to fund the construction of
the new Marmalade Library Branch.)(See Items D1—D4)
(H I1-3)
Staff recommendation: Close and consider options.
2. Ordinance:Accessory Structure Rear Yard Setback Zoning Regulations
Accept public continent and consider adopting an ordinance amending the City's zoning
regulations to remove the maximum 5 ft.rear yard setback requirement for accessory structures in
Residential zoning districts.-Salt Lake City Code,Title 21A Zoning, Section 21A.40.050.A-
Location Of Accessory Buildings In Required Yards-(Currently'accessory structures'like
garages,gazebos and covered patios must be placed within 5 feet of the rear property line. The
ordinance change would allow these structures to be placed in other areas of the lots.For
example,a gazebo or covered patio could be placed in the center of a backyard under the new
ordinance.) Related provisions of Title 21A—Zoning may also be amended as part of this
petition.(Petitioner-Mayor Ralph Becker,Petition PLNPCM2010-000752)
(0 11-17)
Staff Reconvnendation: Close and consider options.
3
Salt Lake City Council Agenda
Tuesday,August9,2011
D. rOTENITAL ACTION ITEMS:
1.Ordinance:Adopt the final rate of tax levy to be credited to the.Library Fund for Fiscal
Year 2011-2012
Consider an ordinance adopting the final.rate of tax levy to be credited to the Library Fund
for Fiscal Year 2011-2012.
(B 11-2)
Staff recommendation: Consider options.
2.Ordinance:Adopt the final rate of tax levy,including the Library Fund,upon all real and
personal property within Salt Lake City made taxable by law for Fiscal Year 2011-2012
Consider an ordinance adopting the final rate of tax levy,including the levy for the Library
Fund,upon all real and personal property within Salt Lake City,made taxable by law for
Fiscal Year 2011-2012.
(B 11-1)
Staff recommendation: Consider options.
3.Ordinance:Adopt the final budget for the Library Fund of Salt Lake City for Fiscal Year
2011-2012
Consider an ordinance adopting the final budget for the Library Fund of Salt Lake City,
Utah for Fiscal Year 2011-2012.
(B 11-2)
Staff recommendation: Consider options.
4.Ordinance:Adopt the final Citv budget,excluding the budget for the Library Fund,and the
employment staffing document of Salt Lake City for Fiscal Year 2011-2012
Consider an ordinance adopting the final City budget,excluding the budget for the Library
Fund which is separately adopted,and the employment staffing document of Salt Lake City,
Utah for Fiscal Year 2011-2012.
(B 11-1)
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:
(None)
Salt Lake City Council Agenda
Tuesday,August 9,2011
G. UNFIIdISI-IED BUSINESS:
1. Approve and Set Date: Resolution: Facility Revenue Bonds, Series 2011 (Cookietree,Inc.
Project
Consider adopting a resolution(a)authorizuig the issuance and sale of not more than$5,500,000
aggregate principal amount of facility Revenue Bonds,Series 2011 (Cookietree,Inc.Project)to
finance the costs of the acquisition,construction and improvement of facilities for Cookietree,
Inc.; (b)providing for the holding of a public hearing to accept public comment on the issuance of
such bonds and the location and nature of the project; (c)providing for the publication of a Notice
of Bonds to be Issued and a Notice of Public Hearing;(d)providing for the running of a contest
period;mud (e)providing for related matters.
(Q 11-4)
Staff recommendation: Adopt inducement resolution and
set the public hearing date of
September 6,2011 at 7:00 p.m.
H. CONSENT:
1. Set Date:Ordinance:East Bench Community Master Plan Amendment and Zoning Map
Amendment(Walmart .
Set the date of Tuesday,August 23,2011 at 7:00 p.m.to accept public comment and consider
adopting an ordinance to rezone properly located at 2705 East Parleys Way from Community
Business(CB)to Community Shopping(CS)and change the East Bench Community Master Plan
Future Land Use Map to be consistent with the proposed rezoning.This action would facilitate
demolition of the existing structure on the property(a former Kmart store)and construction of a
new Walmart Superventer.Related provisions of Title 21A—Zoning may also be amended as part
of this petition.Petitioner-Ballard Spahr LLP representing Walmart Stores,Inc.(Petitions
PLNPCM 2010-00556 &PLNPCM 2010-00557)
(P 11-8)
Staff Recommendation: Approve.
2. Confirm Date: Ordinance:Rezonim p=pM located between 519 and 575 North 300 West
from Residential Mixed Use(R-MU)to Commercial Business (CB)
Confirm the date of Tuesday,August 23,2011 at 7:00 p.m.to accept public comment and
consider adopting a request to rezone property located between 519 and 575 North 300 West from
Residential Mixed Use(R MU)to Commercial Business(CB). This action would allow office
uses and a coffee shop with a drive-thru window to be located in the existing building.These uses
are not permitted in the Residential Mixed Use zoning district.Related provisions of Title 21A—
Zoning may also be amended as part of this petition. (Petitioner—Howa Capital,LLC,Petition
PLNPCM2011-000096)(Marmalade West)
(P 11-9)
Staff Recommendation: Approve.
5
Salt Lake City Council Agenda
Tuesday,August 9,2011
3.Resohttion:Grant Application,Utah Quality Growth Commission
Adopt a resolution authorizing Salt Lake City to apply for a Grant Award from the Utah Quality
Growth Commission LeRay McAllister Critical Lands Conservation Fund 2011.
This resolution supports the application for the City to receive LeRay McAllister Critical Lands
Conservation Funds for the purpose of designing the Wasatch Hollow Open Space Restoration
Program.The Parks and Public Lands Program is seeking a grant from the LeRay McAllister
Critical Lands Conservation Fund to leverage an equal amount of City Funding needed to design
construction documents for riparian restoration work within the Wasatch Hollow Open Space
area.
(R 1I-10)
Staff Recommendation: Adopt.
4. Board Appoja=ent:Stephanie Jensen,Housing Trust Fund Advisory Board.
Consider approving the appointment of Stephanie Jensen to the Housing Trust Fund Advisory
Board for a term extending through December 30,2012.
Staff Recommendation: Approve.
5. Board Anpokt went Casey OBrien McDonough,Business Advisory Board
Consider approving the appointment of Casey O'Brien McDonough to the Business Advisory
Board for a term extending through December 29,2014.
(111-13)
StaffRecommendation: Approve.
6.Board Reappointment:Polly Hart,Historic Landmark Commission
Consider approving the reappointment of Polly Hart to the Historic Landmark Commission for a
term extending through July 14,2014.
Staff Recommendation; Approve.
7.Board Reappointment:Earle Bevins DJ, mm Historic Landmark Coission
Consider approving the reappointment of Earle Bevins III to the Historic Landmark Commission
for a term extending through July 14,2014.
Staff Recommendation: Approve.
6
Salt Lake City Council Agenda
Tuesday,August 9,2011
I. ADJOURNMENT:
Dated:August 4,2011
Y.
Arder
STATE OF UTAH )
ss.
COUNTY OF SALT LAKE )
On or before 5:00 pan.on August 4,2011,1 also personally(1)posted a copy of the foregoing on the
Utah Public Notice Website created under Utah Code Section 63F-1-701,and(2)provided a copy of the
foregoing to The Salt Lake Tribune or the Deseret News and to a local media correspondent.
' Recor er
Subscribed and sworn to before me this 4d'day of August,2011.
t'� JANYCE FOWLES
o )3ublic residing in the State of Utah . BOTARYPUBLW-STATE OFUTAH
My Comm.Exp.0910812014
CmnI&*m 602267
Approval:
S for Policy Analyst
Access agendas at hq://www.slcgw.com/council/agendas/default.htm.People with disabilities may
make requests for reasonable accommodation no later than 48 hours in advance of council meetings.We
make every effort to honor these requests,and they should be made as early as possible.
Accommodations may include alternate formats,interpreters,and other auxiliary aids.The City and
County Building is an accessible facility.For questions or additional information,please contact the City
Council Office at 535-7600,or TDD 535-6021.Assistive listening devices are available on Charurel I;
upon four hours advance notice. Please allow 72 hours advance notice for sign language interpreters;
large type and#2 Braille agendas. *Final action may be taken and/or adopted concerning any item
on this agenda.After 5:00 p.m.,please enter the City&County Building through the east entrance.
Accessible route is located on the east side of the building.In accordance with State Statute,City
Ordinance and Council Policy, one or more Council Members may be connected via spealcerphone.
7
SALT LAKE CITY CORPORATION
NOTICE OF 2011 ANNUAL MEETING
SCHEDULE OF TIC CITY COUNCIL
OF
SALT LAKE CITY,UTAH
PUBLIC NOTICE is hereby given that the 2011 Annual Meeting Schedule of the City Council
of Salt Lake City,Utah,shall be as follows:
COUNCIL BRIEFING/WORK SESSIONS are held at 3:00 p.m.in the Salt Lake City Council
Committee Room,City and County Building,451 South State Street,Room 326, Salt Lake City,Utah,
prior to each Formal Council Meeting and on the second Tuesday of each month,with the following
exceptions:
i. April,when an additional Work Session is tentatively scheduled for the fourth Tuesday
(as needed for budget),
ii. May,when an additional Work Session is tentatively scheduled for the fifth Tuesday(as
needed for budget),
iii. June,when an additional Work Session is tentatively scheduled for the second Thursday
(as needed for budget),
iv. July,when the Work Sessions will be held prior to the Formal Meetings only,
V. September and November,when a Work Session will be held the third Tuesday of the
month rather than on the second Tuesday.
Work Sessions may be continued following a Formal Council Meeting.
FORMAL COUNCIL MEETINGS are held at 7:00 p.m.in the Salt Lake City Council Chambers,City
and County Building,451 South State Street,Room 315, Salt Lake City,Utah, on the first and third
Tuesdays of each month,with the following exceptions:
i. March,when meetings will be held on the first and fourth Tuesdays of the month,
ii. May,when meetings will be held the first,third and fourth Tuesdays of the month,
iii. July,when meetings will be held the third and fourth Tuesdays of the month,
iv. August,when meetings will be held the second and fourth Tuesdays of the month,
V. September and November,when the meetings will be held the first and fourth Tuesdays
of the month,
vi. December,when meetings will be held the first and second Tuesdays of the month.
All meetings of the City Council are open to the public unless closed pursuant to Sections 52-4-
204, 52-4-205,52-4-206 and 788-1-137,Utah Code Annotated.A written agenda of each open meeting
will be posted at the Salt Lake City Council Chambers,City and County Building,451 South State Street,
Room 315, Salt Lake City, Utah, 24 hours in advance of such meeting and can be found at
www.slegov,coin/council/ageiidas.
In accordance with State statute, City ordinance and Council policy, one or more Council
Members may be connected via speakerphone. Meetings in addition to those specified herein may be
held or canceled by the City Council as circumstances may require,subject to applicable public notice
requirements.
A sound system for the hearing impaired is available and can be obtained for all public meetings.
Please call 48 hours in advance of a meeting for this service.Assistive listening devices are available on
Channel 1.The City will also make arrangements for sign language interpreters. Please allow 72 hours
advance notice for this service.TDD number 801-535-6021.
By: Christine Meeker
City Recorder
Posted:December 3,2010
Publish:January 1,2011
9001367929
Sent to NAC 12-3-10.
AFFIDAVIT OF PUBLICATION OF
NOTICE OF BONDS TO BE ISSUED AND OF PUBLIC HEARING
DMWEST#8354349 v6
Salt Lake City,Utah
August 9, 2011
The City Council of Salt Lake City, Utah (the "Council"), met in regular session
at its regular meeting place in Salt Lake City, Utah on August 9, 2011, at 7:00 p.m., with
the following members of the Council present:
Present:
Jill Remington Love Chair
Carlton Christensen Council Member
Luke Garrott Council Member
JT Martin Council Member
Soren Dahl Simonsen Council Member
Van Blair Turner Council Member
There were also present:
Ralph Becker Mayor
Scott C. Crandall Deputy City Recorder
Edwin Rutan City Attorney
Absent:
Stan Penfold Vice Chair
After the meeting had been duly called to order and after other matters not
pertinent to this Resolution had been discussed, a Certificate of Compliance with Open
Meeting Law with respect to this August 9, 2011, meeting was presented to the Council,
a copy of which is attached hereto as Exhibit A.
After due deliberation, the following Resolution was considered, fully discussed
and, pursuant to motion made by Christensen and seconded by Garrott, was adopted by
the following vote:
Those voting AYE: All present
Those voting NAY:
This Resolution was then signed by the Chair and recorded by the Deputy City
Recorder. The Resolution is as follows:
DMWEST#8354349 0