November 1, 2011

CITY COUNCIL MEETING AGENDA

REVISED

Tuesday, November 1, 2011

and

LOCAL BUILDING AUTHORITY OF SALT LAKE CITY, UTAH MEETING AGENDA

The body of agenda may reflect the past practice of having the City Council, during the meeting, (1) adjourn temporarily, (2) convene as the LBA Board, and then (3) re-convene as the City Council when the LBA matter is finished.

3:00 p.m. Work Session (the public is invited to listen to the discussion)

7:00 p.m. Formal Meeting (public comment section is included)

A.    WORK SESSION: Approximately 3:00 p.m. in Room 326, City & County Building, 451 South State St.

(Agenda items scheduled during the Council's formal meeting may be discussed during the work session. Items from the following list that Council is unable to complete in the work session from approximately 3:00 p.m. – 6:30 p.m. may be addressed in a work session setting following the consent agenda.)

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 proposed changes to Salt Lake City Code relating to Chapter 8.04 Animal Control, that include: removal of two (2) dogs and two (2) cats limit per residence with a recommended change of no limit; implement a cat licensing fee; an increase to current $25 annual renewal late penalty; and construction of a new pet adoption and education facility. ATTACHMENTS

4.     The Council will receive a briefing from Council Staff and the Administration to discuss various items relating to construction and financing of a Utah Performing Arts Center (UPAC), including, but not limited to:

•      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. (Item F1)

•      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, Item H23)

ATTACHMENTS

5.     The Council will receive a briefing regarding a resolution authorizing the issuance and 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; fixing certain maximum terms for the bonds; providing for the holding of a public hearing relative to the such bonds; and providing for related matters. (Item G2) ATTACHMENTS

6.   The Council will receive a briefing regarding a resolution which would allow the City to pledge Franchise Tax revenue to increase borrowing capacity for Sales Tax Bonds. This resolution authorizes the execution and delivery of a supplemental trust indenture in order to pledge certain franchise and other excise tax revenue as additional security for Salt Lake City’s Sales Tax Revenue Bonds; and related matters. (Item G3) ATTACHMENTS

7.     The Council will receive a briefing regarding updated policy statements for the City’s Community Housing Plan. The intent is to address development of new housing opportunities, preservation of the City’s existing housing stock and reflect current housing and economic conditions. ATTACHMENTS

8.     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, the fleet budget, and some grants. ATTACHMENTS

9.     The Council will receive a briefing regarding a Golf Green Fee increase which would become effective on January 1, 2012. The increase would include setting aside $1.00 per 9-hole round of golf to be used for Capital Improvement Projects at the City’s golf courses. (Item H34) ATTACHMENTS

10.  (TENTATIVE) The Council will hold a follow-up discussion on the priorities identified at their September retreat, including a review of a Philosophy Statement on Arts & Culture. (The other priorities identified will be discussed at future Council Meetings and include Economic Health of the City, Neighborhoods & Schools, Local / Neighborhood Business, Parks & Open Space, Sustainability, and Transportation & Mobility.) ATTACHMENTS

FORMAL MEETING

B.    OPENING CEREMONY: 7:00 p.m. in Room 315, City & County Building, 451 South State St.
Council Member JT Martin will conduct the Formal Council Meetings during the month of November.

1.     Pledge of Allegiance.

2.     The Council will hold a moment of silence in honor and remembrance of deceased Salt Lake City employees who have passed away this year.

3.     The Council will approve the meeting minutes of Tuesday, October 25, 2011. ATTACHMENTS

C.    PUBLIC HEARINGS:

(None)

D.    POTENTIAL ACTION ITEMS:

(None)

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.  Resolutions: Utah Performing Arts Center

a.     Consider a joint resolution authorizing approving an interlocal agreement with the Redevelopment Agency of Salt Lake City and the Board of Education of the Salt Lake School District to use a portion of tax increment to support a proposed performing arts center and infrastructure and development activities related to the establishment of a cultural core. (This item would ratify an October 11, 2011, decision by the City Council acting as the Redevelopment Agency Board of Directors to use some property tax revenue generated by new construction if the City Council ultimately approves funding for a proposed performing arts center.)

(C 11-732)

Staff Recommendation:                    Suspend the rules and adopt.

b.     Consider a resolution calling for a public hearing to receive comment from the public on the issuance of up to $18 million in subordinate excise tax revenue notes for the purpose of financing a portion of the cost of financing part of the cost of acquiring, constructing and equipping a proposed performing arts center. (This item would set the date of November 22 for a public hearing on the Administration’s proposal to issue up to $18 million in sales tax revenue notes to pay for the final design and other non-construction costs of a proposed performing arts center. If construction of the center ultimately is approved, the notes would be repaid from a larger issue of bonds. If construction does not proceed, the sales tax revenue notes would be repaid through other sources.)

(Q 11-9)

ATTACHMENTS

                                                        Staff Recommendation:                    Suspend the rules and adopt.

G.    UNFINISHED BUSINESS:

        1.  Ordinance: Parking Meter Fees 2011 – 2012, Holiday parking

Consider adopting an ordinance amending Section 12.56.170, Salt Lake City Code, relating to parking meter rates, to waive parking meter charges during the holiday season. This is a request from the Administration to waive parking meter fees from Thanksgiving Day, November 24, 2011 to Sunday, January 1, 2012 to allow two-hour free parking down town.

(O 11-23)

                                                Staff Recommendation:                    Adopt.

2.  Set the Date: Resolution: General Obligation Bonds, Series 2011 Parameters Resolution for Open Space Projects

Consider adopting a resolution authorizing the issuance and 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; fixing certain maximum terms for the bonds; providing for the holding of a public hearing, on Tuesday November 22, 2011 at 7:00 p.m., relative to the bonds; and providing for related matters. ATTACHMENTS

(Q 11-6)

Staff Recommendation:                    Adopt the resolution and set the public hearing date of Tuesday, November 22, 2011 at 7:00 p.m.

3.  Resolution: Amendatory Resolution Allowing for the Pledge of Certain Excise Taxes

Consider adopting a resolution authorizing the execution and delivery of a supplemental trust indenture in order to pledge certain franchise and other excise revenue as additional security for Salt Lake City’s Sales Tax Revenue Bonds; and related matters. ATTACHMENTS

(Q11-8)

Staff Recommendation:                      Adopt.

4.     Resolutions: Local Building Authority - Initial Organization of the Local Building Authority

Adopt various resolutions for the organization of the Local Building Authority of Salt Lake City, Utah, including electing or appointing and authorizing officers to execute documents on behalf of the Authority, adopting Bylaws, setting regular meetings of the Board of Directors, providing for fiscal procedures and procurement and related matters. ATTACHMENTS

                (R 11-15)

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. The Board will consider a resolution to suspend the normal rules and to elect or appoint officers;

c. The Board will consider a resolution to adopt Bylaws of the Authority;

d. The Board will consider a resolution to authorize officers to execute certain documents on behalf of the Authority;

e. The Board will consider a resolution regarding the holding and giving notice of regular meetings of the Authority;

f. The Board will consider a resolution authorizing all actions required to comply with the Fiscal Procedures for Local Districts Act;

g. The Board will consider a resolution to authorize the Authority to acquire property and services and the procedures therefore; and

h. The Board will consider a resolution ratifying certain actions.

5a. Resolution: Local Building Authority – Adopt the Tentative Budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City, for Fiscal Year 2011-2012

Consider a resolution adopting the tentative budgets of the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal Year 2011-2012. ATTACHMENTS

(B 11-9)

Staff Recommendation:                   Adopt.

5b. Set Date: 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

Set the date of November 22, 2011 at 7:00 p.m. to accept public comment regarding 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. ATTACHMENTS

(B 11-9)

Staff Recommendation:   a.  Set the date;

b. 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.

H.    CONSENT:

1. Set the Date: Ordinance: Elimination of the Board of Adjustment and Land Use Appeals Board

Set the date of Tuesday, November 22, 2011 at 7:00 p.m. to accept public comment and 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.

(P 11-11)

                                                        Staff Recommendation:                    Set the date.

2. Set the Date: Ordinance: Budget Opening No. 2 for Fiscal Year 2011 - 2012

Set the date of Tuesday, November 22, 2011 at 7:00 p.m. to accept public comment and 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.

(B 11-10)

                                                        Staff Recommendation:                   Set the date.

2.3. Set the Date: Ordinance: Budget Opening No. 3 for Fiscal Year 2011 - 2012

Set the date of Tuesday, November 22, 2011 at 7:00 p.m. to accept public comment and 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.

(B 11-8)

                                                        Staff Recommendation:                    Set the date.

34.  Set the Date: Amendment to Salt Lake City Consolidated Fee Schedule: Golf Green Fee Increase

Set the date of Tuesday, November 22, 2011 at 7:00 p.m. to accept public comment and consider adopting an amendment to Salt Lake City Consolidated Fee Schedule: Golf Green Fee Increase effective on January 1, 2012. The increase would include setting aside $1.00 per 9-hole round of golf to be used for Capital Improvement Projects at the City’s golf courses in addition to a per course operations fee increase. ATTACHMENTS

(O 11-9)

                                                Staff Recommendation:                    Set the date.

45.  Set the Date: Ordinance: Zoning Text Amendment Special Exception Review Procedures. PLNPCM2010-00785

Set the date of Tuesday, November 22, 2011 at 7:00 p.m. to accept public comment and 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.

(O 11-12)

                                                Staff Recommendation:                    Set the date.

56.  Ordinance: Parking Ticket Ordinance Amendment

Consider adopting an ordinance amending section 12.56.570, Salt Lake City Code, clarifying and revising provisions governing the dismissal and reduction of parking citation fees. This proposed ordinance revises an omitted section of the ordinance adopted on September 27, 2011, by the Salt Lake City Council, to include the requirement that governmental entities seeking free and unlimited time parking for their vehicles while on official business would need to obtain a permit placard from Salt Lake City Parking Enforcement. ATTACHMENTS

(O 10-14)

                                                        Staff Recommendation:                    Adopt.

I.     ADJOURNMENT: