December 6, 2011

 

AGENDA

CITY COUNCIL of SALT LAKE CITY

 

 

 

Tuesday, December 6, 2011

 

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)

 

Note: Utah law requires the Salt Lake City Council to act as several other boards to help govern the City. During this meeting, the Council will adjourn temporarily, and then convene as the Local Building Authority Board to deal with item C5.

Council Meeting Rules, Parliamentary Order and Procedure

 

 

A.    WORK SESSION: Approximately 2:00 p.m. in Room 326, City & County Building, 451 South State St.

 

(The work session may include discussion about items on the formal agenda. Unfinished agenda items from the work session also may be discussed after the formal meeting.)

 

1.     (TENTATIVE) 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 collective 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(1)(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 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;

                        e) For attorney-client matters that are privileged, pursuant to Utah Code § 78B-1-137; and

        f) A strategy session to discuss deployment of security personnel, devices or systems pursuant to Utah Code Section 52-4-205(1)(f).

 

2.    Report of the Executive Director, including a review of Council information items and announcements. ATTACHMENTS

 

3.    The Council will receive a briefing regarding a resolution authorizing a loan from Salt Lake City's Housing Trust Fund in the amount of $265,000 to City Front Partners, LLC for renovation at the Citifront Apartments located at 600 West North Temple.

(Applicant – City Front Partners, LLC) ATTACHMENTS

 

4.    The Council will receive a briefing regarding a resolution authorizing a grant from Salt Lake City’s HOME Match Fund in the amount of $100,000 to Volunteers of America, Utah to renovate a group home located at 556 South 500 East.

(Applicant – Volunteers of America, Utah) ATTACHMENTS

 

5.    The Council will receive a follow-up briefing regarding an ordinance changing the City Code including the City’s zoning regulations to eliminate the Board of Adjustment and the Land Use Appeals Board as land use appeal authorities and replacing the boards with an appointed professional hearing officer. The hearing officer would review and make decisions relating to variance applications, appeals of Administrative, Planning Commission and Historic Landmark Commission decisions. The intent is to provide a more streamlined and consistent appeal process for land use decisions and reduce the expenditure of City funds and staffing resources. Related provisions of Title 21A – Zoning – may also be amended as part of this petition. Petitioner – Mayor Ralph Becker, Petition No. PLNPCM2010-00312. (Item D4) ATTACHMENTS

 

6.    The Council will receive a briefing on an updated Interlocal Agreement regarding the Sugar House/ South Salt Lake Streetcar Project (Budget Amendment No. 4). (Item C7) ATTACHMENTS

 

7.    The Council will receive a follow-up briefing regarding Budget Amendment No. 2 for Fiscal Year 2011 - 2012. Budget amendments happen several times each year to reflect adjustments to the City’s budgets, including proposed project additions and modifications. This amendment includes items related to the implementation and purchase of Parking Pay Stations, way-finding signs in the downtown area, the fleet budget, and some grants.

(Item D2) ATTACHMENTS

 

8.    The Council will receive a briefing from Salt Lake County Staff regarding proposed renovations to the Capitol Theater and the construction of an adjacent Ballet West Academy building.

 

9.    The Council will receive a briefing from the Administration regarding the results of the facilitated series of “Cultural Core Conversations.” This effort brought together representatives of diverse interests and backgrounds to participate in a series of meetings to zero-in on how best to enrich and enhance the downtown core with an active and vital arts and cultural component. ATTACHMENTS

 

10.  The Council will hold a follow-up discussion on the proposed construction and financing of the Utah Performing Arts Center (UPAC). Including but not limited to: ATTACHMENTS

 

     A review of previous studies completed regarding performing arts facilities;

 

     A review of the Administration’s transmittal regarding the proposed UPAC, including a resolution approving terms of an Interlocal Agreement relating to a proposed Community Development Area (CDA) on Block 70, a resolution regarding an Interlocal Agreement allowing a portion of future property tax increment in the Downtown Redevelopment Project area (SARR Funds) to be used towards debt service on the UPAC, and a notice of a public hearing to consider issuing Sales Tax Bond Revenue Anticipation notes to pay for the initial design of the UPAC.

 

     A related matter for Council consideration is a budget amendment which would authorize expenditure of design funds and upfront costs (approximately $15 million). (Budget Amendment No. 3) (Items D1 a-c)

CONTINUED ON NEXT PAGE

 

11.   (TIME CERTAIN 6:10 p.m.) The Council will interview Nicole Gallo prior to consideration of her appointment to the Sister Cities Board. (Item H2) ATTACHMENTS

 

12.  (TIME CERTAIN 6:20 p.m.) The Council will interview Hikmet Loe prior to consideration of her appointment to the Library Board. (Item H1) ATTACHMENTS

 

13.  The Council will receive a briefing regarding an ordinance amending the City’s zoning regulations to modify requirements for approving conditional use permits. These requirements were modified by the City Council in July, 2008. The proposed amendments are intended to clarify and resolve problems encountered by the Community & Economic Development Department in applying these requirements. Related provisions of Title 21A (Zoning) may also be amended as part of this petition. Petitioner - Mayor Ralph Becker, Petition No. PLNPCM2009-00174. ATTACHMENTS

 

14.  The Council will receive a briefing regarding an ordinance establishing policy and guidelines for City acceptance of private donations. This ordinance would authorize private donations for the purpose of making improvements on City property and provide guidelines for acceptance of such donations. ATTACHMENTS

 

15.  (TENTATIVE) The Council will receive a briefing from Council Staff regarding changes to State Statute regarding retirement policies for newly elected officials. The Council may then discuss changes to retirement policies for current elected officials to bring these in line with state statute. ATTACHMENTS

 

16.  (TENTATIVE) The Council will receive a briefing regarding a resolution authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Unified Fire Authority for the provision of hazardous materials response and explosive device operations. ATTACHMENTS

 

FORMAL MEETING

 

B.    OPENING CEREMONY: 7:00 p.m. in Room 315, City & County Building, 451 South State St.
Council Chair Jill Remington Love will conduct the Formal Council Meetings during the month of December.

 

1.     Pledge of Allegiance.

 

2.    The Council will consider adopting a joint resolution with Mayor Becker recognizing Beverley Taylor Sorenson for her dedication and support of arts education in schools. ATTACHMENTS

 

3.    The Council will approve the meeting minutes of Tuesday, November 22, 2011. ATTACHMENTS

 

C.    PUBLIC HEARINGS:

1.     Resolution: 10 Year Capital Facilities Plan and Impact Fees

Accept public comment and consider adopting a resolution relating to the City’s 10 year Capital Facilities Plan and impact fees. (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.)

(T 11-6)

 

                                                        Staff Recommendation:               Close and consider options.

 

2.    Ordinances: Revisions to Chapter 8.04, Animal Control Sections of Salt Lake City Code, pertaining to removal of pet limit, implement cat licensing fee, and increase late licensing penalties

Accept public comment and consider adopting an ordinance revising and amending the Salt Lake City Consolidated Fee Schedule and an ordinance amending applicable provisions within Chapter 8.04, Salt Lake City Code, pertaining to animal control, to remove limits on the number of dogs and cats owned by individuals; to require the prevention and abatement of nuisances associated with keeping dogs and cats, including but not limited to noise and odor; to allow the animal services director to waive late fees or extend licensing deadlines in individual cases as appropriate; and to require the licensing of cats (including an increase to pet licensing late penalties, Section 8.04.521 of Salt Lake City Code, Appendix A. This proposal will remove limit on the number of pets per residence; require cat licensing, and increase pet renewal late licensing penalties) ATTACHMENTS

(O 09-3)

 

                                                        Staff recommendation:                Close and consider options.

 

3.    Amendment to Salt Lake City Consolidated Fee Schedule: Golf Green Fee Increase

Accept public comment and consider adopting an amendment to Salt Lake City Consolidated Fee Schedule regarding a Golf Green Fee increase which would become effective on January 1, 2012.  The increase would: 1) set aside $1.00 per 9-hole round of golf to be used for Capital Improvement Projects at the City’s golf courses, and 2) depending on course, add an additional amount for operations. ATTACHMENTS

(O 11-9)

 

                                                        Staff Recommendation:               Close and consider options.

 

4.    Ordinance: Accessory Dwelling Units (ADUs)

Accept public comment and consider adopting an ordinance changing the City’s zoning regulations allowing accessory dwelling units in single-family and multi-family zoning districts currently being considered by the City Council. The intent is to provide a broader mix of housing opportunities in existing neighborhoods that address changing family needs, economic conditions, smaller household sizes, and increase efficient use of existing housing, public infrastructure and transit. Related provisions of Title 21A – Zoning – may also be amended as part of this petition. Petitioner – Mayor Ralph Becker, Petition No. PLNPCM2010-00612. ATTACHMENTS

(P 11-15)

 

                                                        Staff recommendation:                Consider options.

 

5.    Resolution: Local Building Authority – Final Budget, including the budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal Year 2011-2012 (Potential funding for the Glendale Branch Library)

Accept public comment and consider adopting a resolution adopting the final budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal Year 2011-2012. (Potential funding for the Glendale Branch Library) ATTACHMENTS

(B 11-9)

 

Staff Recommendation:               a. The Council will consider a motion

to recess as the City Council and to convene as the Board of Directors of the Local Building Authority;

 

b. Accept public comment.

 

c. Close the public hearing.

 

d. The Board of Directors will consider

a motion to adjourn as the Board of Directors of the Local Building Authority and reconvene as the City Council.

 

6.    Ordinance: Salt Lake Valley Solid Waste Management Facility (SLVSWMF) Budget

Accept public comment and consider adopting an ordinance adopting the budget for the Solid Waste Management Facility, the “Landfill.” The Landfill is owned by Salt Lake County and the City, and the budget is prepared and submitted by the Salt Lake Valley Solid Waste Management Council for 2012. ATTACHMENTS

(B 12-3)

 

                                                        Staff recommendation:                Close and consider options.

 

7.    Resolution/ Ordinance: Interlocal Agreement Sugar House/ South Salt Lake Streetcar Project (Budget Amendment No. 4)

Accept public comment and consider adopting a resolution and an ordinance relating to the planned project to build a basic two-mile street car line at about 2200 South between McClelland Street (1050 East) and the Utah Transit Authority Central Pointe TRAX Station at 221 West 2100 South. ATTACHMENTS

 

     The first item is a resolution proposing an Interlocal Agreement among Salt Lake City, South Salt Lake and UTA that would govern each city’s and UTA’s responsibilities to build and operate a streetcar line along the two-mile corridor. (C11-777)

 

     The other item is an ordinance proposing a budget amendment to identify revenue and allocate Salt Lake City’s share of the project. (B 11-11)

 

                                                        Staff recommendation:                Close and consider options.

 

D.   POTENTIAL ACTION ITEMS:

1.     Resolution: Authorizing the Issuance and the Sale of Subordinate Excise Tax Revenue Notes, Series 2012 (UPAC Project)

a.    Consider adopting a resolution authorizing the issuance and the sale of up to $18,000,000 aggregate principal amount of Subordinate Excise Tax Revenue Notes, Series 2012 of the City to finance a portion of the cost of acquiring, constructing and equipping a performing arts center and related improvements; delegating authority to certain officials and officers of the City to approve the final terms and provisions of such notes; authorizing the execution and delivery of certain documents relating to such notes; and providing for related matters. ATTACHMENTS
(Q 11-9)

 

                                                                Staff Recommendation:               Adopt.

 

Resolution: Interlocal Agreements between Salt Lake City and the Redevelopment Agency – Utah Performing Arts Center (UPAC Project)

b.    Consider adopting a resolution authorizing the execution and delivery of an interlocal cooperation agreement by and between Salt Lake City, Utah (the “City”), and the Redevelopment Agency of Salt Lake City, Utah (the “Agency”) to allocate a portion of certain tax increment revenues to be used by the Agency for the construction of a performing arts center and related improvements (the “UPAC Project”); authorizing the execution and delivery of an interlocal cooperation agreement by and between the City and the Agency to provide that the Agency or the City will use proceeds of the City’s Subordinate Excise Tax Revenue Notes, Series 2012 (the “Notes”) to finance the UPAC Project, and the Agency will reimburse the City for any payments made on the Notes or refinance the Notes with long-term debt obligations.  ATTACHMENTS

(C 11-794)

 

                                                Staff Recommendation:               Adopt.

 

Budget Opening No. 3 - UPAC

c.     Consider adopting an ordinance amending Ordinance No. 50 of 2011 which adopted the final budget of Salt Lake City, Utah for the Fiscal Year 2011 – 2012. Budget amendments happen several times each year to reflect adjustments to the City’s budgets, including proposed project additions and modifications. This budget amendment relates to a request to fund design of the proposed Utah Performing Arts Center. ATTACHMENTS

(B 11-8)

 

                                                        Staff Recommendation:               Adopt.

 

2.    Ordinance: Budget Opening No. 2 for Fiscal Year 2011 – 2012: (Parking Pay Stations, way-finding signs in the downtown area, the fleet budget, and various grants)

Consider adopting an ordinance amending Ordinance No. 50 of 2011 which adopted the final budget of Salt Lake City, Utah for the Fiscal Year 2011 – 2012. Budget amendments happen several times each year to reflect adjustments to the City’s budgets, including proposed project additions and modifications. This amendment includes items related to the implementation and purchase of Parking Pay Stations, way-finding signs in the downtown area, the fleet budget, and various grants. ATTACHMENTS

(B 11-10)

 

                                                        Staff Recommendation:               Consider options.

 

3.    Ordinance: Zoning Text Amendment Special Exception Review Procedures. PLNPCM2010-00785

Consider adopting an ordinance proposing changes to the City’s zoning regulations transferring the approval authority for Special Exceptions from the Board of Adjustment to the Planning Commission or the Historic Landmark Commission (for Special Exceptions located in a Historic Preservation Overlay Zoning District). The zoning regulations define Special Exceptions as a use that is incidental to or in addition to the principal use (such as a home occupation or outdoor dining as part of a restaurant), or an adjustment to a specific dimension standard (such as modifications to height, yard area or fence height) that have less impact than a conditional use, but which require a careful review of building location, design, or potential impacts on the surrounding neighborhood. Related provisions of Title 21A – Zoning – may also be amended as part of this petition. Petitioner – Mayor Ralph Becker, Petition No. PLNPCM2010-00785. ATTACHMENTS

(P 11-12)

 

                                                        Staff Recommendation:               Consider options.

 

4.    Ordinance: Elimination of the Board of Adjustment and Land Use Appeals Board

Consider adopting an ordinance changing the City Code including the City’s zoning regulations to eliminate the Board of Adjustment and the Land Use Appeals Board as land use appeal authorities and replacing the boards with an appointed professional hearing officer. The hearing officer would review and make decisions relating to variance applications, appeals of Administrative, Planning Commission and Historic Landmark Commission decisions. The intent is to provide a more streamlined and consistent appeal process for land use decisions and reduce the expenditure of City funds and staffing resources. Related provisions of Title 21A – Zoning – may also be amended as part of this petition. Petitioner – Mayor Ralph Becker, Petition No. PLNPCM2010-00312. ATTACHMENTS

(P 11-11)

 

                                                        Staff Recommendation:               Consider options.

 

5.    Resolution: General Obligation Bonds, Series 2011 for Open Space Projects

Consider adopting a resolution authorizing the issuance and confirming the sale of up to $2,000,000 aggregate principal amount of general obligation bonds of the City for purposes of acquiring and preserving open space, park and recreational lands and providing for related matters. ATTACHMENTS

(Q 11-6)

 

Staff Recommendation:               Adopt.

 

6.    Final Bond Resolution: Facility Revenue Bonds, Series 2011 (Cookietree, Inc. Project)

Consider adopting a final bond resolution (a) authorizing and providing for 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. (the “Owner”); (b) authorizing the execution and delivery of a Loan Agreement among the City, the Owner, and JPMorgan Chase Bank, N.A., an escrow agent, and related documents; and (c) providing for related matters. ATTACHMENTS

(Q 11-4)

 

                                                    Staff Recommendation:               Adopt.

 

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:

(None)

 

G.   UNFINISHED BUSINESS:

(None)

 

H.   CONSENT:

1.     Board Appointment: Board Appointment: Hikmet Loe, Library Board

Consider approving the appointment of Hikmet Loe, to the Library Board for a term extending through June 30, 2014.

(I 11-3)

 

                                                Staff Recommendation:               Approve.

 

2.    Board Appointment: Nicole Gallo, Sister Cities Board

Consider approving the appointment of Nicole Gallo to the Sister Cities Board for a term extending through July 1, 2014.

(I 11-18)

 

                                                Staff Recommendation:               Approve.

 

3.    Board Reappointment: Jinger LaGuardia, Sister Cities Board

Consider approving the reappointment of Jinger LaGuardia to the Sister Cities Board for a term extending through July 1, 2014.

(I 11-18)

 

                                                Staff Recommendation:               Approve.

 

4.    Grant Holding Account, Grant Projects

Approve the transfer of the following grant projects: US Department of Transportation(DOT) Pipeline and Hazardous Materials Safety Administration Grant; Utah State Department of Public Safety - 2011 Emergency Management Performance Grant (EMPG); US Department of Justice - COPS Hiring Program; The Utah Quality Growth Commission - Wasatch Hollow Open Space Restoration - Phase II; Utah State Department of Public Safety - 2011 State Homeland Security Program (SHSP) Grant; from the Grant Holding Account and establish a project budget for each grant to be confirmed in a formal budget opening. ATTACHMENTS

(B 11-12)

 

                                                Staff Recommendation:               Approve.

5.    Confirm the date: Ordinance: Columbus Court PUD Zoning Map Amendment, PLNPCM2011-00091

Confirm the date of Tuesday, December 13, 2011 at 7:00 p.m. to accept public comment and consider adopting an ordinance requesting to rezone the parcels located within Columbus Court Planned Unit Development (PUD), approximately 700 North Columbus Court, from Foothills Residential (FR-2) to Single Family Residential (R-1/5,000). The purpose is to subdivide the existing lots into 12 smaller lots. Petitioner - Ensign Foreground LC. (Petition PLNPCM2011-00091)

(P 11-14)

 

                                                        Staff recommendation:                Confirm the date.

 

I.     ADJOURNMENT: