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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. 3 2012 Assessment Ordinance DMWEST#9292454 v2 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 4 2012 Assessment Ordinance DMWEST#9292454 v2 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. 5 2012 Assessment Ordinance DMWEST#9292454 v2 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). 6 2012 Assessment Ordinance DMWEST#9292454 v2 PASSED AND APPROVED by the City Council of the City, this October 23, 2012. i- Vy (1 P,k \ (SEAL) :�e�� � ��\, �1 yt I(4 r m n�:ei't.,. ( 3�L F —� 1 i i'+1��1' � By: \0ok ^yi Chair ATTEST: ..—C By: ( Z 16( City Recorder APPROVED AS TO FORM Salt Lake City Attorneys ( ice Date ro -Z c- V Z- By -7‘71 -.'"d - • 7 2012 Assessment Ordinance DMWEST#9292454 v2 PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for his approval or disapproval on this October 3o, 2012. B air 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. (SEAL VZt(-F .CrTl — -,/ )I.' 1 *l'A . if ea i By; /- i */� i`'"' '`� City Recorder c, v�: 9 2012 Assessment Ordinance DMWEST#9292454 v2 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 .1�' E CIT y (SEA i jr,syA. �� if 1 I el ,_,..-- //cr af 4.,/,/ f„,,4,,,„ _,. ,,,, ,- ••`o, -, ,"/ City Recorder Rt} A-1 2012 Assessment Ordinance 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 CI r1 COUNCIL,Or SALT LAKE CI IV Ili "I.TI I I+I L:I',euwl I4 \ i1-,,ix I I\'I MN'I-1'.\HKlii_1,1, w, - tUI-':,'Il t'Halle I'H.\kl II I 'I:1-.I I,ISTlil,-11,,ui)LV II\'II I'.J'll.\Ili t\I ICI`:t'liKl,i l'I it-\ I/1,1RIT, KILL I>\111.k\I.IIIS'I;tl\"1'2 2liN I)ITIKIu-I 1 I.1'Kr-t',ARIH/11,l/H,1121C11 .III.1.RL 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 DMWEST#9292454 v2 • - - _ _ . : - __ _ . , _ J - _ _ r _ - _ . - - _ _ . . r . _. , �''- "'r. - _� - _ 1'.. -1 � C:�. - C _ _ - _.- .. -. __. ..,_C._A- - - - - 1 _ ... , .- -- - - 7 _C .._.l:. J:.., . _ : __J. - »i_.E -. _ -__. _ . -. _ ...- a ..‘: _-. : - ..---- -- . '. = =- T. 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' , - - - • . - - -/ - _ _ i EXHIBIT B ASSESSMENT LIST B-I 2012 Assessment Ordinance DMWEST#9292454 v2 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