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04/24/2012 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 24 , 2012 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, April 24, 2012 at 7 : 00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State. The following Council Members were present: Carlton Christensen Charlie Luke Jill Remington Love Luke Garrott Kyle LaMalfa Soren Simonsen The following Councilmember was absent: Stan Penfold Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Deputy Council Director; Edwin Rutan, City Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff; and Beverly Jones, Deputy City Recorder; were present. Councilmember Simonsen presided at and Councilmember LaMalfa conducted the meeting. OPENING CEREMONY #1 . 7 : 09 : 37 PM The Council led the Pledge of Allegiance. Councilmember LaMalfa invited Troop 182 from District 5 to lead the Pledge of Allegiance . #2 . 7 : 11 :23 PM Mayor Becker presented the proposed Salt Lake City budget, including the Library Fund for Fiscal Year 2012-2013 . See File B 12-1 for speech. #3. 7 : 25 : 17 PM Councilmember Garrott moved and Councilmember Love seconded to approve the Salt Lake City Council minutes for Tuesday, April 3 , 2012 and Tuesday, April 10 , 2012 , which motion carried, all members present voted aye . View Attachments (M 12-3) PUBLIC HEARINGS #1 . RE: 7 :24 :53 PM Accept public comment and consider adopting a resolution regarding the Council' s Philosophy Statement on Neighborhood Quality of Life. View Attachments Camillia Olson submitted a card with some suggestions but did not wish to speak. 12 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 24 , 2012 Councilmember Garrott moved and Councilmember Luke seconded to continue the public hearing, which motion carried, all members present voted aye . (R 12-7) #2 . RE: 7 :26 : 41 PM Accept public comment and consider adopting an ordinance repealing Chapter 5 . 50, Salt Lake City Code, pertaining to private clubs; enacting a new Chapter 5 . 51, entitled "Alcohol Establishments and Off Premises Beer Retailers;" amending Chapter 5 . 54, pertaining to restaurants, to include regulations pertaining to alcohol related establishments; and repealing Title 6, Salt Lake City Code, pertaining to alcoholic beverages to bring Title 6 into conformance with Utah law. View Attachments David Morris, owner of Piper Down, said he was in favor of streamlining licensing. Councilmember Christensen moved and Councilmember Love seconded to close the public hearing, which motion carried, all members present voted aye . (0 12-9) #3 . RE : 7 :29 : 32 PM Accept public comment and consider adopting an ordinance amending certain sections of Title 21A, Zoning, Salt Lake City Code, pertaining to alcohol regulation pursuant to Petition No. PLNPCM2009-00495 . View Attachments The following spoke in opposition of the proposed changes : Oscar McConkie; Marilyn Oblad and Jonathan Dibble. The following spoke in support of the proposed changes : Bridget Gordon, owner of Green Pig Pub and Esther Hunter. Councilmember Luke moved and Councilmember Christensen seconded to continue the public hearing to a later date, which motion carried, all members present voted aye . (0 12-8) #4 . RE: 7 : 43 :22 PM Accept public comment pertaining to the City' s 10-Year Capital Facilities Plan (CFP) , including the Impact Fee Facilities Plan and an amendment to the City' s Impact Fee ordinances and related fee schedules . The Council suggested changes to the original proposed 10-Year CFP resulting in a recalculation of impact fees. Once the Council formally adopts the plan, the amount of impact fees charged by the City will be amended. *Note: Capital improvements involve the construction, purchase or renovation of buildings, parks, streets or other physical structures. Generally, projects have a 12 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 24 , 2012 useful life of five or more years and cost $50, 000 or more. View Attachments Councilmember Garrott moved and Councilmember Luke seconded to close the public hearing, which motion carried, all members present voted aye . (T 12-3) #5. RE: 7 : 44 : 07 PM Accept public comment and consider adopting an ordinance amending Chapter 18 . 64, Demolition, and Chapter 18 . 97, Mitigation of Residential Housing Loss, Salt Lake City Code, to modify the process and requirements for demolition of buildings and structures . The purpose of this ordinance is to provide for timely completion of demolition and improvements 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) Councilmember Garrott moved and Councilmember Simonsen seconded to continue the public hearing, which motion carried, all members present voted aye. (0 12-3) #6 . RE : 7 : 44 : 57 PM Accept public comment and consider adopting an ordinance creating a Small Neighborhood Business Zoning District and related zoning regulations pursuant to Petition No. PLNPCM2009-00615 . The proposed ordinance would change some existing commercial zoning regulations and establish regulations for new small neighborhood business zoning districts. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker) View Attachments The following spoke in opposition of the proposed changes : Cindy Cromar; Katherine Gardner and Brent Larson. Greg Bergmann submitted a hearing card but did not wish to speak. Councilmember Garrott moved and Councilmember Love seconded to close the public hearing, which motion carried, all members present voted aye . (P 12-8) #7 . RE: 7 :54 : 01 PM Accept public comment and consider adopting an ordinance changing the Capitol Hill Community Master Plan and the zoning map for property located at 206 North 200 West from Moderate Density Multi-Family Residential (RMF-35) to Neighborhood Commercial 12 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 24 , 2012 (CN) pursuant to Petition Nos . PLNCPM2011-00385 and PLNPCM2011-00176 . This rezoning request is a pilot rezoning project related to the Small Neighborhood Business zoning analysis project. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker) View Attachments Polly Hart spoke in favor of the zoning change. Councilmember Love moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members present voted aye . (P 12-9) POTENTIAL ACTION ITEMS #1 . RE: 7 : 56 : 33 PM Adopting an appropriation resolution adopting the One-Year Annual Action Plan for 2012-2013 that includes Community Development Block Grant (CDBG) funding, HOME Investment Partnership Program funding, Emergency Shelter Grant (ESG) funding, and Housing Opportunities for Persons with AIDS (HOPWA) funding for Fiscal Year 2012-13 and approving an interlocal cooperation agreement between Salt Lake City and the U. S . Department of Housing and Urban Development (HUD) , amending the 2010-2015 Consolidated Plan and amending the 2011- 2012 Annual Action Plan. View Attachments Councilmember LaMalfa said this item would be rescheduled to May 1, 2012 for further action. (T 12-1) #2 . RE : 7 : 56 : 58 PM Adopting an ordinance changing the City' s zoning regulations relating to allowing accessory dwelling units (ADUs) in single-family and multi-family zoning districts pursuant to Petition No. PLNPCM2010-00612 . This is proposed to provide a broad mix of housing opportunities in existing neighborhoods that address changing family needs, economic conditions, smaller household sizes and increase use of existing housing, public infrastructure and transit. This could increase the number of dwelling units in an existing neighborhood under this proposal . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker, Sustainable City Code Initiative. ) View Attachments Councilmember Simonsen moved and Councilmember Christensen seconded to defer this item to a future meeting, which motion carried, all members present voted aye . (P 11-15) 12 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 24 , 2012 #3. RE: 7 : 58 : 19 PM Adopting an ordinance amending Section 21A. 52 . 030, Special Exceptions to the City' s zoning regulations pursuant to Petition No. PLNPCM2011-00499 . The ordinance will modify procedures and standards to legalize existing residential dwelling units unrecognized by City records, a process referred to as "unit legalization. " The proposed changes will address existing unit legalization issues, support the existing Salt Lake City Housing Plan, set life safety requirements and help implement the Landlord Tenant Initiative. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker. ) View Attachments Councilmember Christensen moved and Councilmember Luke seconded to defer this item to a future meeting, which motion carried, all members present voted aye. (P 12-4) #4 . RE: 7 : 59 : 34 PM Adopting a resolution updating policy statements for the City' s Community Housing Plan. The intent is to address development of new housing opportunities, preserve the City's existing housing stock and reflect current housing and economic conditions. View Attachments Councilmember Garrott moved and Councilmember Love seconded to adopt Resolution 17 of 2012 . Councilmember Simonsen said the staff report recommended removing Item 10E with regard to the potential combination of Salt Lake City and Salt Lake County Housing Authorities . He said he wanted to modify that statement to read "evaluate opportunities to efficiently deliver housing services among service providers . " Councilmember Garrott said he would accept the friendly amendment. Councilmember Simonsen moved and Councilmember Garrott seconded to adopt the friendly amendment modifying the statement to read "evaluate opportunities to efficiently deliver housing services among service providers", which motion carried, all members present voted aye . (T 11-5) COMMENTS TO THE CITY COUNCIL 8 : 05 : 49 PM Amir Cornell spoke in support of accessory dwelling units; Reed Foster and Adam Paul spoke about the impact fee increase and Polly Hart said she wanted to praise the City for its hard working staff. 12 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 24 , 2012 UNFINISHED BUSINESS #1 . RE: 8 : 15 : 02 PM Adopting an ordinance granting a renewal of a telecommunications franchise to McLeodUSA Telecommunications Services, LLC. Franchise agreements allow telecommunications companies to place and maintain their equipment and "facilities" within the City's rights-of-way (streets, sidewalks, etc. ) View Attachments Councilmember Garrott moved and Councilmember Christensen seconded to adopt Ordinance 20 of 2012 . Councilmember LaMalfa asked about limiting utility boxes and how they appear on the streets with this franchise . Councilmember Simonsen said the City had not established design guidelines . David Everitt, Mayor' s Chief of Staff, said they would check on this issue and get back to the Council . Councilmember LaMalfa called for the question, which motion carried, all members present voted aye . (C 12-203) CONSENT AGENDA 8 : 19 : 37 PM Councilmember Garrott moved and Councilmember Simonsen seconded to approve the Consent Agenda, which motion carried, all members present voted aye . #1 . RE: Approving the appointment of June Hiatt to the Police Civilian Review Board for a term extending through September 7, 2015 . (I 12-1) #2 . RE: Approving the appointment of Craig Call as the Appeals Hearing Officer for a term extending through April 1, 2017 . (I 12-14) #3 . RE: Setting the date of Tuesday, May 15, 2012 at 7 : 00 p.m. to accept public comment regarding an ordinance adopting the final budget and related ordinances and the employment staffing document for Salt Lake City, Utah for Fiscal Year 2012-2013 . (Note: This public hearing will address all ordinances associated with the implementation of the City's 2012-2013 budget including the Library Fund. ) (B 12-1) #4 . RE: Approve the transfer of the following grant projects : 12 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 24 , 2012 • Utah State Department of Public Safety - 2010 State Homeland Security Program (SHSP) ; and • Law Enforcement Terrorism Prevention Program (LETPP) grant budget increase; from the Grant Holding Account and establish a project budget for each grant to be confirmed in a formal budget opening. (B 12-6) #5 . RE: Setting the date of Tuesday, May 15 , 2012 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance to provide clarity and efficiency relating to the Historic Preservation Overlay zoning regulations pursuant to Petition No . PLNPCM2011-00470 . The process and criteria for establishing an historic district is currently being addressed by the Administration through a separate petition. Proposed changes for designation of historic districts will be considered in the future. This proposal includes the following items: View Attachments • 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. ) (0 12-10) The meeting adjourned at 8 : 20 p.m. Council Chair City Recorder 12 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 24 , 2012 This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held April 24, 2012 . bj 12 - 8