08/14/2012 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14, 2012
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, August 14, 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 Stan Penfold Luke Garrott
Jill Remington Love Kyle LaMalfa Charlie Luke
Soren Simonsen
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; David Everitt, Mayor' s Chief of Staff; Cindi Mansell, City
Recorder; and Scott Crandall, Deputy City Recorder; were present.
Councilmember Simonsen presided at and Councilmember Luke
conducted the meeting.
OPENING CEREMONY
#1 . 7:10:04 PM Pledge of Allegiance .
#2 . 7:10:35 PM Councilmember LaMalfa moved and Councilmember
Simonsen seconded to approve the minutes of the Salt Lake City Council
meeting held Tuesday, July 31 , 2012 , which motion carried, all members
voted aye . View Attachments
(M 12-3)
PUBLIC HEARINGS
#1 . RE: 7:12:37 PM Accept public comment and consider adopting one
or more ordinances adopting the final rate of tax levy for all City
funds including the Library Fund, greater than the Certified Tax Rate,
upon all real and personal property within Salt Lake City made taxable
by law for fiscal year 2012-2013 and adopt the final budget for fiscal
year 2012-2013 . View Attachments
Councilmember Simonsen moved and Councilmember LaMalfa seconded
to close the public hearing and adopt the ordinances.
Councilmember Christensen asked if tax rates needed to be
included in the motion. Ms . Gust-Jenson said no, but the Council
needed to specify there were three ordinances .
Councilmember Simonsen moved and Councilmember LaMalfa seconded
to close the public hearing and adopt three ordinances, which motion
carried, all members voted aye .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14, 2012
7:18:30 PM Ms . Gust-Jenson said it was brought to her attention
there were actually four ordinances and the Council needed to
reconsider the previous motion.
Councilmember Penfold moved and Councilmember Christensen
seconded to reconsider the previous motion which adopted ordinances
related to the 2012-2013 budget, which motion carried, all members
voted aye .
Councilmember Penfold moved and Councilmember Simonsen seconded
to adopt the four proposed ordinances: Ordinance 55 of 2012 (final
rate of tax levy including Library Fund) , Ordinance 56 of 2012 (final
City budget excluding Library Fund) , Ordinance 57 of 2012 (final rate
of tax levy credited to Library Fund) and Ordinance 58 of 2012 (final
budget for Library Fund) , which motion carried, all members voted aye.
(H 12-3) (B 12-1) (B 12-2)
#2 . RE: 7 :14:28 PM Accept public comment and consider adopting a
resolution accepting conclusions of a study performed under Utah Code
Section 10-8-2 (3) regarding value and public benefit of a donation
agreement between Salt Lake City and the Salt Lake City School
District relating to a surplus fire apparatus to be used as part of a
firefighter course for high school students in the district . View
Attachments
Councilmember Simonsen moved and Councilmember Christensen
seconded to close the public hearing.
Substitute Motion: Councilmember Garrott moved and Councilmember
Simonson seconded to close the public hearing and adopt Resolution 32
of 2012 .
7:15:39 PM Council Members Simonsen, Garrott, LaMalfa and Luke
commented on the motion.
Councilmember LaMalfa asked for a point of "personal privilege"
and asked Brian Dale, Deputy Fire Chief, to speak about the proposal .
7 :16:43 PM Chief Dale said this was one of only two County programs
which allowed high schools kids from any Salt Lake City school to
participate in Firefighter One training. He said this was a great
program and thanked the Council for their support.
Councilmember Luke called for the question on the substitute
motion, which motion carried, all members voted aye.
(R 12-12)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14, 2012
#3. RE : 7:20:03 PM Accept public comment and consider adopting an
ordinance changing the Central Community Master Plan and the zoning
map for properties located at approximately 1015-1035 South 200 West
and 1068 Jefferson Street in order to develop a mixed-use project on
the properties . View Attachments
•The future land use map would be changed from Low Medium Density
Residential to Medium Residential/Mixed Use.
•The properties would be rezoned from Moderate Density Multi-
Family Residential (RMF-35) to Residential Mixed Use (RMU) .
Related provisions of Title 21A - Zoning, may also be amended as
part of this petition. Petitioner - Capitol Center Properties,
Petition Nos . PLNPCM2011-00658 and PLNPCM2011-00659 .
Tim McGill, Tommy Green, Lundi Reed, Dan Fetzer, Bruce Shiveley,
Pamela Kokonis and Job Gowon spoke in favor of the proposal .
William Wunderlich submitted written comments in opposition of
the proposal .
Councilmember LaMalfa moved and Councilmember Simonsen seconded
to close the public hearing, which motion carried, all members voted
aye .
7 :31:43 PM Discussion was held with the Administration on the
proposal . John Anderson, Principal Planner, said the minimum parking
requirement in the RMU district was half a parking stall per multi-
family unit.
7 :33:59 PM Councilmember Garrott asked if an ordinance had been
prepared for the proposal . Mr. Anderson said no due to a negative
Planning Commission recommendation.
7 :34:07 PM Councilmember Love said she wanted to direct the
Administration to prepare an ordinance for Council review and
potential adoption. She said she was not concerned about height
because the Council was assured the developer' s intent was not to
exceed four stories and there were ground issues that would impede
going much higher. She said in the long-term, height requirements
needed to be reviewed in these zones to determine what was
appropriate . She said she felt increased parking was not needed
because the property was located between two transit stops .
7 :35:17 PM Councilmember Garrott asked if there was a maximum
parking restriction. Mr. Anderson said no. He said only the Transit
Station Area (TSA) district had a maximum.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14 , 2012
7 :35:26 PM Councilmember Simonsen said he felt the main question
was whether or not the Council wanted to require/utilize a development
agreement. He said because the development would have to go through a
planned development process with the Planning Commission (PC) he did
not see the benefit of an agreement. He said he had some concern
about the site plan included in the packet and was interested to see
the applicant' s response to developing the street front with something
other than a structured parking garage. He said those types of issues
could be addressed as part of the project approval process .
Mr. Anderson said the developer would not be required to go
through a planned development process as long as they fulfilled all
RMU district standards . He said any requested modifications to the
standards would require a planned development process .
7:36:38 PM Councilmember Penfold said he preferred a development
agreement because once zoning was in place the Council would lose
control over structure height.
7 :37 :21 PM Councilmember LaMalfa said if the Council' s concern was
about height and under-parking he concurred with other Council Members
that a development agreement was needed specifically with the way the
building interfaced with the public space . He said if cars were
allowed, there needed to be accommodation for bikes .
7 :37 :41 PM Councilmember Christensen said he could support a
development agreement as long as it was not used to design the
project. He said he had driven through the area many times and felt
the proposal was appropriate, responded to the master plan and was a
good direction/use for that area. He said he hoped options could be
prepared for Council consideration/adoption at the next meeting.
7:38:51 PM Councilmember Garrott said the City' s zoning should be
at a level where ad hoc development agreements were not needed. He
said having appropriate zoning/design standards in place would provide
a much more fluid process for applicants and the City. He said he
questioned whether the RMU zone was the right choice and thought the
Council should instruct staff to prepare an ordinance for further
discussion on how to move forward.
7 :39:52 PM Councilmember Luke said he agreed with Councilmember
Garrott and felt the use of development agreements should be limited
and not used to design projects . He said he felt the Council should
focus on specific restrictions in terms of height, parking, transit
oriented development bike access and other similar issues .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14, 2012
Councilmember Luke asked if Mr. Anderson was clear on the
Council' s direction. Mr. Anderson said yes . He said the applicant' s
site plan was very basic because they wanted to limit further
investment after receiving a negative recommendation from the PC. He
said he would work with the applicants and come back to the Council
with an updated proposal .
7 :42:56 PM Further discussion was held on potentially re-zoning the
property to TSA. Ms . Gust-Jenson said the Council needed to deal with
questions/issues of what was less or more restrictive based on what
was advertised. She said this was an issue the City attorney needed
to address . Mr. Rutan said he did not currently have an answer and
needed time to review the relationship between different zoning
classifications as to what was more or less restrictive.
7 :44:55 PM Councilmember Luke said he did not want the Council to
delay this project further while debating whether or not to rezone the
property in addition to working on a development agreement.
7 :46:04 PM Councilmember Love said after discussing the issues she
felt the Administration understood the Council' s concerns . She
suggested asking the Administration to come back with a recommendation
of how best to proceed, knowing that the Council wanted to move
forward with this project but had concerns about height and parking.
She said she thought the Council felt this was an appropriate use and
would be positive for the neighborhood.
7 :46:44 PM Councilmember Luke said he supported that direction and
asked if Mr. Anderson thought a revision could be ready next week.
Mr. Anderson said yes .
Councilmember Garrott moved and Councilmember Simonsen seconded
to close the public hearing and defer action to a future date, which
motion carried, all members voted aye .
(P 12-11)
POTENTIAL ACTION ITEMS
#1 . RE: 7 :48:09 PM Adopting a resolution regarding a philosophy
statement on Transportation and Mobility. 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 and Culture, Neighborhood
Quality of Life, Transportation and Mobility, Parks and Open Space,
Sustainability and Education. View Attachments
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14, 2012
A Work Session briefing/discussion was held prior to action being
taken. Council Members were in favor of modifying Value Statement No.
1 to read: "We support maximizing the accessibility, affordability and
reliability of transportation options into and around the City and
support increasing accommodations for non-automotive transportation
options" and adding Value Statement No. 9 stating: "As the population
of Salt Lake City and the region increases, land use design decisions
should reflect the intention to better accommodate all modes of
transportation and focus on the movement of people" . See File M 12-4
for additional discussion.
Councilmember Simonsen moved and Councilmember Penfold seconded
to adopt Resolution 33 of 2012 with modifications, which motion
carried, all members voted aye .
(R 12-8)
#2 . RE: 8:03:10 PM Adopting a resolution regarding a philosophy
statement on Sustainability. 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 and Culture, Neighborhood Quality of
Life, Transportation and Mobility, Parks and Open Space,
Sustainability and Education. View Attachments
Councilmember Simonsen moved and Councilmember Penfold seconded
to defer action to a future meeting, which motion carried, all members
voted aye .
(R 12-10)
#3 . RE: 8:03:40 PM Adopting an ordinance creating a Small
Neighborhood Business Zoning District and related zoning regulations .
The proposed ordinance would change some existing commercial zoning
regulations and establish regulations for a new Small Neighborhood
Business Zoning District. Businesses that serve alcoholic beverages
are NOT part of this proposal . Related provisions of Title 21A -
Zoning, may also be amended as part of this petition. Petitioner -
Mayor Ralph Becker, Petition No. PLNPCM2009-00615 . View Attachments
8:04:03 PM Discussion was held with the Administration regarding
the proposal . Councilmember Garrott asked if language provided in the
packet was included in the new ordinance . Nole Walkingshaw, Planning
Program Supervisor, said yes .
Councilmember Garrott moved and Councilmember Simonsen seconded
to adopt Ordinance 59 of 2012, which motion carried, all members voted
aye .
(P 12-8)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14 , 2012
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL. 8:14:32 PM
Councilmember Christensen asked Mr . Everett to thank Helen
Langan, Mayor' s Senior Advisor, for her efforts on the Utah Performing
Arts Center (UPAC) deal with Salt Lake County.
8:15:28 PM Councilmember Garrott added his congratulations
regarding UPAC. He asked the Administration to seriously consider his
suggestion regarding the 400 South Transit Station Area (TSA) zone and
how people could best access those areas though various modes of
transportation, other than the automobile. Mr. Everett said he wanted
to work with the Council to develop options .
8:16:32 PM Councilmember Christensen said he spoke with the Mayor
about the possibility of providing free orange vests to residents as a
reward for participating in clean air challenges or similar events .
He said he wanted to strongly encourage that and felt there was an
opportunity to create a better/safer environment for bike riders .
8:17 :15 PM Councilmember LaMalfa said a celebration was held
marking the end of the principal construction phase for the North
Temple Corridor. He thanked the Mayor' s Office for making a great
celebration for all participants .
8:17 :40 PM Councilmember Luke said he wanted to add his
congratulations to Ms . Langan and the Mayor' s Office on the UPAC
project and looked forward to making it as successful as possible.
COMMENTS TO THE CITY COUNCIL. 7 :50:45 PM
Lee Ann Walker expressed concerns about impacts on the
transportation industry from recent changes made by the City and from
illegal service providers .
NEW BUSINESS
#1 . RE: 8:18:20 PM Authorizing the approval of an interlocal
cooperation agreement between Salt Lake County and Salt Lake City
Corporation relating to a Conservation Easement along the Wasatch
Hollow Open Space property. Under the proposal, the City would grant a
perpetual conservation easement on the Wasatch Hollow Open Space
Kensington property, enabling it to remain forever open and accessible
to the public . The County would pay the City $427, 000 . View
Attachments
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14 , 2012
Councilmember Penfold moved and Councilmember Love seconded to
suspend the rules and adopt Resolution 34 of 2012 .
8:19:00 PM Council Members Love and Luke commented on the motion.
Councilmember Luke called for the question, which motion carried,
all members voted aye .
(C 12-454)
UNFINISHED BUSINESS
#1 . RE: 8:19:28 PM Consider a motion to correct minor formula
errors on the Annual Budget Key Changes worksheet for Fiscal Year
2012-13 consistent with the Council' s direction on the General Fund
budget. (Staffing FTEs in the Mayor' s Office, CED and Non-
Departmental) View Attachments
Councilmember Garrott moved and Councilmember Simonsen seconded
to adopt the motion, which motion carried, all members voted aye.
(B 12-1)
CONSENT AGENDA 8:20:09 PM
Councilmember Garrott moved and Councilmember Simonsen seconded
to approve the Consent Agenda, which motion carried, all members voted
aye .
#1. RE: Setting the date of Tuesday, August 21, 2012 at 7 : 00 p.m.
to accept public comment and consider adopting an ordinance
authorizing opinion questions to be submitted to the voters of Salt
Lake City and establishing related procedures (enacting Chapter 2 . 69,
Salt Lake City Code) . Petitioner - Salt Lake City Council . View
Attachments
(0 12-26)
#2 . RE: Setting the date of Tuesday, September 4, 2012 at 7 : 00
p.m. to accept public comment and consider adopting an ordinance
amending the Salt Lake City Code to provide additional clarity
relating to the Appeals Hearing Officer regulations . The changes would
clarify what constitutes a public hearing and public meeting and the
noticing requirements of each; eliminate newspaper publication
requirements and clarify that planned developments are no longer a
type of conditional use . (Sections 21A. 06 . 040, 21A. 16 . 010, 21A. 16 . 030
and 21A. 54 . 070 of Title 21A of the Salt Lake City Code. ) Related
provisions of Title 21A - Zoning may also be amended as part of this
petition. - Petitioner - Mayor Ralph Becker, Petition No . PLNPCM2012-
00344 . View Attachments
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14 , 2012
(P 11-11)
#3. RE: Setting the date of Tuesday, August 21, 2012 at 7 : 00 p .m.
to accept public comment and consider adopting an appropriation
resolution amending the annual action plans for Emergency Solutions
Grant program funding for fiscal years 2011-12 and 2012-13 and
approving an interlocal cooperation agreement between Salt Lake City
and the US Department of Housing and Urban Development (HUD) . View
Attachments
(T 12-1)
#4 . RE: Setting the date of Tuesday, September 4 , 2012 at 7 : 00
p.m. to consider adopting an ordinance amending the Central Community
Master Plan, zoning map and zoning regulations to reflect the proposed
400 South Livable Communities Station Area Plans . The proposal would
implement land use policies for mixed use development and
transportation options on the blocks adjacent to the 400 South transit
corridor from 200 East to 1000 East. Properties in this corridor would
be rezoned from their existing zoning classifications to the Transit
Station Area (TSA) zoning districts . In addition, the proposal would
establish new zoning regulations for this area. Related provisions of
Title 21A - Zoning may also be amended as part of this petition.
(Petition No. PLNPCM2010-00647, Mayor Becker) View Attachments
(P 12-12)
#5. RE: Approve the transfer of the following grant projects :
Utah State Department of Public Safety - 2012 Emergency Management
Performance Grant (EMPG) ; State of Utah, Office for Victims of Crime -
(VOCA) Grant; State of Utah, Utah Department of Health and Human
Services - Crisis Intervention Team Grant; State of Utah Department of
Workforce Services ASPIRE Kids Grant - YouthCity Central City; State
of Utah Department of Workforce Services ASPIRE Kids Grant - YouthCity
Fairmont Park; State of Utah Department of Workforce Services ASPIRE
Kids Grant - YouthCity Liberty Park; State of Utah Department of
Workforce Services ASPIRE Kids Grant - YouthCity Ottinger Hall; from
the Grant Holding Account and establish a project budget for each
grant to be confirmed in a formal budget opening. View Attachments
(B 12-9)
#6 . RE : Approving the appointment of Pete Giacoma to the Library
Board of Directors for a term extending through June 30, 2015 .
(I 12-22)
#7 . RE : Approving the appointments of the following people to the
Parks , Trails, Natural Lands and Urban Forestry Advisory Board.
Membership term expirations will be determined by the board at their
first meeting.
12 - 9
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 14 , 2012
a. Beverly Cooper Term: 8-14-12 to 12/30/2014
b. Jacob Crockett Term: 8-14-12 to 12/30/2013
c. Marc Coles-Ritchie Term: 8-14-12 to 12/30/2015
d. Amy Barry Term: 8-14-12 to 12/30/2014
e . Sabrina King Resigned
f. Fred Fife . Term: 8-14-12 to 12/30/2013
(I 12-23)
The meeting adjourned at 8 : 20 p.m.
Council Chair
City Recorder
This document along with the digital recording constitute the
official minutes of the Salt Lake City Council Regular Session meeting
held August 14, 2012 .
sc
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