012 of 2013 - Assessment for Lighting District No 3 (L03) 0 13-1
Q 13-2
ORDINANCE NO. 12 of 2013
An ordinance (the "2013 Assessment Ordinance") approving an
assessment list and levying an annual assessment upon property in Salt
Lake City, Utah Lighting District No. 3, known as L03 (the "District
L03"); establishing the effective date of the 2013 Assessment Ordinance;
providing for a procedure to contest an assessment; and related matters.
BE IT ORDAINED BY THE CITY COUNCIL (THE "COUNCIL") OF SALT
LAKE CITY (THE "CITY"), UTAH, AS FOLLOWS:
Section 1. Determination of Costs. The annual estimated operation and
maintenance costs of District L03 to provide for current street lighting within District
L03 have been determined.
Section 2. Approval of Assessment List; Findings. The Council confirms and
approves the District L03 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 L03
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 L03 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 L03.
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 L03 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 L03. Unless future modifications
revise the purposes and plans of District L03, 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 2013 Assessment Ordinance for the
purposes herein provided.
DMWEST#9584898 v1 3 SLC-L03 2013 Assessment Ordinance
Section 4. Operation and Maintenance Costs. As determined by the office of
the City Engineer, the total estimated operation and maintenance costs for District L03
for the O&M Period are $229,784.00, of which the City's portion is approximately
$57,446.00 The remaining $172,338.00 is to be paid from assessments levied upon
property within District L03 as set forth in the Assessment List.
Section 5. Method, Rate, and Payment of Assessment. The total assessment
for District L03 is levied in accordance with the method set out in the Notice of Intention
pertaining to District L03 adopted by the City Council on December 3, 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 April 30, 2013 (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
DMWEST#9584898 v1 4 SLC-L03 2013 Assessment Ordinance
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 2013
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 April 15, 2013, the effective date of
this 2013 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 2013 Assessment
Ordinance, or on an earlier assessment ordinance, if the delinquency predates the
effective date of this 2013 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 sheriffs 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 2013
Assessment Ordinance.
DMWEST#9584898 v1 5 SLC-L03 2013 Assessment Ordinance
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 2013 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 L03 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 L03. 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 2013 Assessment Ordinance.
Section 12. Repeal of Conflicting Provisions. All ordinances or parts thereof
in conflict with this 2013 Assessment Ordinance are hereby repealed.
Section 13. Publication of Ordinance. Immediately after its adoption, this
2013 Assessment Ordinance shall be signed by the Mayor and City Recorder and shall be
recorded in the ordinance book kept for that purpose. This 2013 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 L03 Assessment Ordinance).
DMWEST#9584898 v1 6 SLC-L03 2013 Assessment Ordinance
PASSED AND APPROVED by the City Council of the ity, this March 5, 2013.
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DMWEST#9584898 v1 7 SLC-L03 2013 Assessment Ordinance
PRESENTATION TO THE MAYOR
The foregoing ordinance was presented to the ayor for his approval or
disapproval on this March Fi , 2013.
By:
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MAYOR'S APPROVAL OR DISAPPROVAL
The foregoing ordinance is hereby approved this March 25 , 2013.
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Ralph Becker, Mayor
DMWEST#9584898 v1 8 SLC-L03 2013 Assessment Ordinance
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 March 5, 2013, insofar as the same relates to or concerns Salt Lake City,
Utah Lighting District L03 as the same appears of record in my office.
I further certify that the 2013 Assessment Ordinance levying the special
assessments was recorded by me in the official records of Salt Lake City on March 5,
2013.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of Salt Lake City, Utah this March 5, 2013.
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Bill No. 12 of 2013
Published: March 16, 2013
DMWEST#9584898 v1 9 SLC-L03 2013 Assessment Ordinance
STATE OF UTAH ) CERTIFICATE OF MAILING
: ss. NOTICE OF ASSESSMENT
COUNTY OF SALT LAKE )
Daniel Mule'
I, , the duly appointed, qualified, and acting City
Treasurer of Salt Lake City, Utah, do hereby certify that on April 1 , 2013, I caused to be
mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Lighting
District L03 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 April 1 , 2013.
By: .0. omit c• ?nuke'
City Treasurer
DMWEST#9584898 v1 10 SLC-L03 2013 Assessment Ordinance
PROOF OF PUBLICATION
Attached to this page is the Proof of Publication, indicating by the affidavit of the
publisher that the said 2013 Assessment Ordinance levying the special assessments
adopted by the City Council on March 5, 2013, was published one time in The Salt Lake
Tribune.
DMWEST#9584898 v1 1 1 SLC-L03 2013 Assessment Ordinance
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 March 5, 2013,
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 March 1, 2013, 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 March 1, 2013, 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 2013 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 on November 20 , 201 , at the principal office of the City Council,
(b) provided to at least one newspaper of general circulation within Salt Lake City on
December 31 , 2013, 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
March 5, 2013.
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DMWEST#9584898 v1 A-1 SLC-L03 2013 Assessment Ordinance
SCHEDULE A
NOTICE OF MEETING
DMWEST#9584898 v1 A-2 SLC-L03 2013 Assessment Ordinance
AGENDA
CITY COUNCIL of Sill T,km.,CI CY
Tuesday,March 5, 2013
2:00 p.m. Work Session
(The public is invited to listen to the discussion.)
7:00 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. Council Priorities Discussion -2:00 p.m.
The Council will hold a discussion regarding priority projects to further
Neighborhood Quality of Life in the City.The Council has established seven
areas of policy focus since 2011,including Neighborhood Quality of Life,
and are highlighting projects throughout the City to further those seven
policies. Priority projects relating to the Council's policy focus on Economic
Health of the City,Transportation and Mobility,Education, Sustainability,
and Parks and Open Space will be discussed at a future meeting.Priority
projects for Arts and Culture were discussed at the February 19th meeting.
(Council Philosophy Statements)
2. West Capitol Hill Zoning,Master Plan and Zoning Text
Amendments
The Council will receive a briefing regarding a request to amend the Capitol
Hill Master Plan Future Land Use Map,rezone several properties located
between 30o North and 80o North and 40o West and 200 West, and
change the Mixed Use(MU)zoning district regulations.
The proposal would:
• Amend Master Plan future land use map for properties located in
the area of 40o West between 600-800 North from General
Commercial to High Density Mixed Use,and rezone those parcels
to Mixed Use(MU)to match the surrounding area,
• Amend the Master Plan future land use map designations for most
of the west side of 30o West between 40o and 50o North from
Medium Density Residential and General Commercial to Medium
Density Mixed Use,and rezone four parcels along the 30o West
CITY COUNCIL OF SALT LAKE CITY
=451 SOUTH STATE STREET,ROOM 304 wM%.slccouncil.com/agendas/default.htm
P.0.BOX 145476,SALt'LAKE CITY,U'I'AH 84tt4-5476 TEL Sot-535-760o FAX 8o4-535-7654
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CHARLII:LUKE I DISI7RICI'6 SOREN SIMONSEN I DISTRICT 7
Salt Lake City Council Agenda
Tuesday,March 5, 2013
corridor from Residential Multi-Family(RMF-35)parcels to Mixed
Use(MU)to allow commercial retail uses,
• Amend the Master Plan future land use map designation for one
commercial property located on the northeast corner of 300 West
and 30o North from Medium Density Residential to Medium
Mixed Use to correct a conflict in the plan; and
• Amend the Mixed Use(MU)zoning district regulations to provide
additional flexibility for compatible residential and commercial
mixed use developments.
Although the applicant has requested that the property be rezoned to the
Mixed Use zone,consideration may be given to rezoning the property to
another zoning district with similar characteristics.
Related provisions of Title 21A—Zoning may also be amended as part of
this petition. (Petitioner—Mayor Ralph Becker,Petition No.
PLNPCM2o12-00462, 00463, 00464)
(Item Hi)
3. Naming of City Assets
The Council will continue its discussion regarding a proposed ordinance
that would define the criteria and process for naming or renaming of the
City's assets.The scope of the proposal does not include honorary street
naming.
(Item G2)
4. Athletic Field Fees and Reservation Changes
The Council will hold a discussion regarding proposed changes to athletic
field fees,the process for reserving athletic fields for public use, and food
and beverage service permits.The proposal would:
• Change field fees from a weekly rate of$15 per week per field to:
o $2 per hour per field for non-profit youth organizations
o $4 per hour per field for other youth organizations
o $5 per hour per field for adult organizations
• Change the format for assigning field space from a weekly basis to
an hourly basis
• Increase food and beverage permit fees
As the demand for athletic fields in traditional and non-traditional sports is
growing,the Administration is proposing these changes in an effort to
create more opportunities for participation in sports leagues and activities.
If approved by the Council,these changes would require the Consolidated
Fee Schedule to be amended to reflect the new charges.
(Item H4)
5. Bicycle&Pedestrian Master Plan Update
The Council will receive a briefing from the Administration regarding a
plan and proposed scope of work to update to the City's Bicycle&
Pedestrian Master Plan.The update will reflect the changes in City policy
and practice related to emphasis on multiple types of mobility,the
adoption of the Complete Streets ordinance, and other sustainability and
environmental initiatives.
6. Clean-up Ordinance making various technical corrections to the Written
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Salt Lake City Council Agenda
Tuesday,March 5,2013
Salt Lake City Code Briefing Only
The Council will receive a written briefing regarding a proposed ordinance
that will make various technical corrections to the Salt Lake City Code.The
amendments address three matters: (1)changing dates relating to
candidacy declarations and nominations to comply with state law, (2)
scheduling of Council Work Sessions to conform with current practice, and
(3) addition of references to State law in sections about false alarms,
marriage and dating services,theaters and concerts,air pollution control,
sexually oriented businesses, and obscene films.
(Item Fi)
7. Board Appointment Interview: Chris Atkin—Housing Advisory Time Certain
and Appeals Board 6:05 p.m.
The Council will interview Chris Atkin prior to consideration of his
appointment to the Housing Advisory and Appeals Board.
(Item H6)
8. Board Appointment Interview: Robert"Toby"Mires — Sorenson Time Certain
Multi-Cultural Center Advisory Board 6:i 0 p.m.
The Council will interview Robert"Toby"Alires prior to consideration of
his appointment to the Sorenson Multi-Cultural Center Advisory Board.
(Item H7)
9. Tentative- 2013 Utah Legislative Session Update
The Council will hold a discussion and receive a briefing regarding
Legislative Issues for the 2013 State Legislative Session.
io. Report of the Executive Director
Report of the Executive Director,including a review of Council information
items and announcements.
ii. Report of the Chair and Vice Chair
Report of the Chair and Vice Chair.
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(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;
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
3
Salt Lake City Council Agenda
Tuesday, March 5, 2013
systems pursuant to Utah Code§52-4-205(1)(f);and
h)A session to investigate proceedings regarding allegations of criminal
misconduct,pursuant to Utah Code§52-4-2o5(i)(g),
FORMAL MEETING
B. OPENING CEREMONY:
7:oo p.m. in Room 315, City&County Building, 451 South State St.
Council Member Luke Garrott will conduct the Formal Council Meetings during the month of
March.
1. Pledge of Allegiance.
2. The Council will approve the meeting minutes of Tuesday, February 1.9, 2013.
3. The Council will consider adopting a joint resolution with Mayor Ralph Becker in support of
state Medicaid expansion to cover basic healthcare for more Utahns.
C. PUBLIC HEARINGS:
1. Resolutions: New Performing Arts Center—Ownership and Operations Interlocal Agreements
with Salt Lake County
Accept public comment and consider adopting two resolutions related to the new Performing
Arts Center:
• A resolution authorizing the approval of an interlocal cooperation agreement between
Salt Lake County and the Utah Performing Arts Center Agency, an interlocal entity to
be created by the County,the City,and the Redevelopment Agency of Salt Lake City, as
members,relating to the operation of the Utah Performing Arts Center.
• A resolution authorizing the approval of an interlocal cooperation agreement between
Salt Lake County, Salt Lake City Corporation,and the Redevelopment Agency of Salt
Lake City relating to the ownership of the Utah Performing Arts Center.
Staff Recommendation: Close and consider options.
2. Ordinance: Government Records Access Management Act(GRAMA)Appeals Amendments
Accept public comment and consider adopting an ordinance amending Salt Lake City Code
(Chapter 2.64)to replace city code provisions relating to access to City records with direct
applicability of Utah's Government Records Access and Management Act(GRAMA)in Utah
Code(Section 63G-2-lol et seq.)The proposal would eliminate the records appeal board,
resulting in all appeals going through the City's chief administrative officer designated for that
purpose by the Mayor.The proposal would also repeal the City's independent records
ordinance.The City would instead rely directly on GRAMA itself.
Staff Recommendation: Close and consider options.
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Salt Lake City Council Agenda
Tuesday,March 5,2013
D. POTENTIAL ACTION ITEMS
1. Budget Amendment No. 3 for Fiscal Year 2012-la
Consider adopting an ordinance amending Salt Lake City Ordinance No. 56 of 2012,which
adopted the Final Budget of Salt Lake City,Utah,for the fiscal year beginning July 1, 2012 and
Ending June 30, 2013.This amendment includes items such as carry-forward encumbrances for
the Sewer, Storm Water and Water Funds, as well as a proposal for the Steiner East Sports
Complex.
Staff Recommendation: Consider options.
E. COMMENTS:
1. 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. Ordinance: Clean-up amendments relating to candidacy declarations,scheduling of Council
Work Sessions, and addition of a reference to State law in various sections of the City Code
Consider adopting an ordinance amending Section 2.68.010, relating to nominations and
declarations of candidacy to conform to state law changes; Section 2.06.o4oA,relating to the
time for the City Council meetings,to conform to the current City practice; and Sections
5.08.o95C,relating to false alarms; 5.42.040,relating to marriage services and dating services;
5.74.170A, relating to theaters and concerts; 9.24.030,relating to air pollution control;
5.61.050,relating to sexually oriented businesses; and 5.74.140, relating to obscene films,to
refer to applicable state law.
Staff Recommendation: Consider options.
G. UNFINISHED BUSINESS:
1. Resolutions: New Performing Arts Center— Ownership and Operations Interlocal Agreements
with Salt Lake County
Consider adopting two resolutions related to the new Performing Arts Center:
• A resolution authorizing the approval of an interlocal cooperation agreement between
Salt Lake County and the Utah Performing Arts Center Agency, an interlocal entity to
be created by the County,the City,and the Redevelopment Agency of Salt Lake City, as
members,relating to the operation of the Utah Performing Arts Center.
• A resolution authorizing the approval of an interlocal cooperation agreement between
Salt Lake County, Salt Lake City Corporation,and the Redevelopment Agency of Salt
Lake City relating to the ownership of the Utah Performing Arts Center.
Staff Recommendation: Consider options.
2. Ordinance: Naming of City Assets
Consider adopting an ordinance enacting new Chapter 3.65,Salt Lake City Code,relating to the
naming of city assets.The proposed ordinance would define the criteria and process for the
naming or renaming of the City's assets.The scope of the proposal does not include honorary
street naming.
Staff Recommendation: Consider options.
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Salt Lake City Council Agenda
Tuesday,March 5, 2013
H. CONSENT:
1. Set the Date: Ordinance: West Capitol Hill Zoning,Master Plan and Zoning Text Amendments
Set the date of Tuesday, March 26, 2013 at 7:oo p.m.to accept public comment and consider
adopting an ordinance to amend the Capitol Hill Master Plan Future Land Use Map, rezone
several properties located between 30o North and 800 North and 40o West and 200 West and
change the Mixed Use(MU) zoning district regulations.The proposal would:
• Amend Master Plan future land use map for properties located in the area of 40o West
between 600-800 North from General Commercial to High Density Mixed Use, and
rezone those parcels to Mixed Use(MU)to match the surrounding area.
• Amend the Master Plan future land use map designations for most of the west side of
30o West between 40o and 500 North from Medium Density Residential and General
Commercial to Medium Density Mixed Use, and rezone four parcels along the 30o West
corridor from Residential Multi-Family(RMF-35)parcels to Mixed Use(MU)to allow
commercial retail uses.
• Amend the Master Plan future land use map designation for one commercial property
located on the northeast corner of 30o West and 30o North from Medium Density
Residential to Medium Mixed Use to correct a conflict in the plan.
• Amend the Mixed Use(MU)zoning district regulations to provide additional flexibility
for compatible residential and commercial mixed use developments.
Although the applicant has requested that the property be rezoned to the Mixed Use(MU)
zone,consideration may be given to rezoning the property to another zoning district with
similar characteristics.
Related provisions of Title 21A—Zoning may also be amended as part of this petition. Petitioner
—Mayor Ralph Becker; Petition No.PLNPCM2o12-00462, 00463, 00464.
Staff Recommendation: Set the date.
2. Set the Date: Resolution: One-Year Action Plan for CDBG for FY 2013—2014
Receive the Mayor's 2013-14 recommendations and set the date of Tuesday,March 26, 2013 at
Too p.m.to accept public comment and consider approving an appropriation resolution
adopting the One-Year Annual Action Plan for 2013-2014 that includes Community
Development Block Grant(CDBG)funding,HOME Investment Partnership Program funding,
Emergency Shelter Grant(ESG)funding,Housing Opportunities for Persons with AIDS
(HOPWA)funding,for Fiscal Year 2013-14 and approving an Interlocal Cooperation Agreement
between Salt Lake City and the U.S. Department of Housing and Urban Development(HUD).
Staff Recommendation: Set the date.
3. Set the Date: Ordinance: Conditional Building and Site Design Review Amendments
Set the date of Tuesday,March 26, 2013 at 7:oo p.m.to accept public comment and consider
adopting an ordinance amending certain sections of Title 21A of the Salt Lake City Code to
modify Conditional Building and Site Design Review regulations.The proposal would:
• Eliminate conflicts in the zoning regulations and clarify existing design criteria;
• Remove design criteria that are more restrictive than the base zoning regulations; and
• Remove the option to allow additional height in some zoning districts as a conditional
use and include the option for additional height in the design review process.
Related provisions of Title 21A—Zoning may also be amended as part of this petition. Petitioner
— Mayor Ralph Becker; Petition No.PLNPCM2o10-00783.
Staff Recommendation: Set the date.
6
Salt Lake City Council Agenda
Tuesday, March 5,2013
4. Set the Date: Ordinance:Athletic Field Fees and Reservation
Set the date of Tuesday,March 26, 2013 at 7:oo p.m.to accept public comment and consider
adopting an ordinance amending the Consolidated Fee Schedule to modify the Athletic Facility
Reservation Fees and the included Food and Beverage Service Permits.The proposal would:
• Change field fees from a weekly rate of$15 per week per field to:
o $2 per hour per field for non-profit youth organizations
o $4 per hour per field for other youth organizations
o $5 per hour per field for adult organizations
• Change the format for assigning field space from a weekly basis to an hourly basis
• Increase food and beverage permit fees
As the demand for athletic fields in traditional and non-traditional sports is growing,the
Administration is proposing these changes in an effort to create more opportunities for
participation in sports leagues and activities. If approved by the Council,these changes would
require the Consolidated Fee Schedule to be amended to reflect the new charges.
Staff Recommendation: Set the date.
5. Ordinance: Annual Assessment for Special Lighting District Lo3— 2013
Consider adopting an ordinance(The"2013 Assessment Ordinance") approving an assessment
list and levying an annual assessment upon property in Salt Lake City,Utah Lighting District
No. 3,now known as Lo3(the "District Lo3"); establishing the effective date of the 2013
Assessment Ordinance; providing for a procedure to contest an assessment; and related
matters.
Staff Recommendation: Adopt.
6. Board Appointment: Housing Advisory and Appeals Board
Consider approving the appointment of Chris Atkin to the Housing Advisory and Appeals Board
for a term extending through December 13, 2016.
Staff Recommendation: Approve.
7. Board Appointment: Sorenson Multi-Cultural Center Advisory Board
Consider approving the appointment of Robert"Toby"Alires to the Sorenson Multi-Cultural
Center Advisory Board for a term extending through July 1, 2015
Staff Recommendation: Approve
7
Salt Lake City Council Agenda
Tuesday, March 5,2013
I. ADJOURNMENT:
CERTIFICATE OF POSTING
On or before 5:oo p.m. on March 1, 2013,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.
8
EXHIBIT B
ASSESSMENT LIST
(To be kept on file in the City Recorder's Office)
DMWEST#9584898 v1 B-I SLC-L03 2013 Assessment Ordinance
SCHEDULE 2
NOTICE OF ANNUAL MEETING SCHEDULE
DMWEST#9584898 vi B-2 SLC-L03 2013 Assessment Ordinance
SALT LAKE CITY CORPORATION
NOTICE OF 2013 ANNUAL MEETING
SCHEDULE OF THE CITY COUNCIL OF
SALT LAKE CITY, UTAH
Public Notice is hereby given that the 2013 Annual Meeting Schedule of the
City Council of Salt Lake City, Utah, shall be as follows :
COUNCIL BRIEFINGS/WORK SESSIONS are held at 2 : 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, before each Formal Council Meeting
and on the second Tuesday of each month, with the following exceptions :
1 . March, July and June, when a Work Session will be held on the third
Tuesday of the month rather than on the second Tuesday,
2 . May, when additional Work Sessions are tentatively scheduled for
the fourth and fifth Tuesdays (as needed for budget) ,
3 . June, when two additional Work Sessions are tentatively scheduled
for the first and second Thursdays (as needed for budget) .
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 :
1 . March, April and October, when meetings will be held on the first
and fourth Tuesdays of the month,
2 . June and December, when meetings will be held on the first and
second Tuesdays of the month,
3 . July, when meetings will be held on the third and fifth Tuesdays of
the month,
4 . August, when meetings will be held on the second and third Tuesdays
of the month,
5 . November, when meetings will be held on the second and third
Tuesdays and one meeting is tentatively scheduled for the fourth
Tuesday.
*Additional Council Briefings/Work Sessions and Formal Council Meetings
may also be held on other Tuesdays . If so, notice will be provided at
least 24 hours in advance of the meeting as required by State law. 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 78B-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 http: //counci ] . slcgov . com/agendas/default .htm
In accordance with State statue, 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 I . The City will also make arrangements for sign language
interpreters . Please allow 72 hours advance notice for this service . TDD
number 801-535-6021 .
Cindi L. Mansell
City Recorder
Posted: November 20, 2012
Publish: December 31, 2012
9001367929
Sent to NAC 11-20-12
Salt Lake City, Utah
March 5, 2013
A regular meeting of the City Council of Salt Lake City, Utah, was held on
Tuesday, March 5, 2013, 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:
Kyle LaMalfa Chair
Jill Remington-Love Vice-Chair
Charlie Luke Vice Chair
Carlton Christensen Councilmember
Stan Penfold Councilmember
Luke Garrott Councilmember
Soren Dahl Simonsen Councilmember
Also present:
David Everett Mayor's Chief of Staff
Edwin P. Rutan, II City Attorney
Cindi Mansell City Recorder
Absent:
Ralph Becker Mayor
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 March
5, 2013, meeting, a copy of which is attached hereto as Exhibit A.
DMWEST#9584898 v1 SLC-L03 2013 Assessment Ordinance
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. 3 (now known as "District
L03"). 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 November 16, 17,
and 18, 2010, and pursuant to Section 11-42-401(7), the Council is authorized to levy
assessments for District L03 to pay the operation and maintenance costs of District L03.
The following Ordinance was then introduced in writing, was fully discussed, and
pursuant to motion duly made by Councilmember Penfold and seconded by
Councilmember Christensen, was adopted by the following vote:
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:
DMWEST#9584898 v1 2 SLC-L03 2013 Assessment Ordinance