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12/06/2005 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 6, 2005 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 6, 2005, 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 Van Turner Nancy Saxton Dale Lambert Eric Jergensen Dave Buhler Jill Remington Love Cindy Gust-Jenson, Executive Council Director; Lynn Pace, Deputy City Attorney; and Scott Crandall, Deputy City Recorder; were present. Councilmember Lambert presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. The Council will approve the minutes of Council meetings held November 1, 15 and 17, 2005. Councilmember Lambert said there was a problem regarding the minutes. He said they would be deferred to a later date. View Minutes (M 05-3) #2. The Board of Canvassers will approve minutes of the meetings held November 15, 2005 at 12:15 and 7:00 p.m. Ms. Gust-Jenson said these minutes also needed to be deferred. View Minutes (M 05-3) PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance amending Section 18.20.090 of the Salt Lake City Code pertaining to penalties for starting work without a permit, and amending Chapter 21A of the Salt Lake City Zoning Code pursuant to Petition No. 400-05-25. View Attachment The following spoke or submitted written comments in favor of the proposal: David Richardson, Jim Jenkin, Marvin Mower, Margaret Miller, Cathey Dunn, Roger Julien, Kimberly Pilger, Beth Bowman, Jill Van Langeveld, Ervin Horrocks, Kelly Stevens, Bob Greely, Emily Plewe, Vicki Mickelsen, Kent Alderman, Lon Richardson, Peter Hansen, Bee Lufkin, Cindy Cromer, Lester Aoki, Rex Sears, Earl Miller, Philip Blevins, Esther Hunter, Penny Archibald-Stone, Shane Carlson, Dennis Guy-Sell, Dawn Levingston, Kirk Huffaker, Katherine Kivett, Judi Short, Chris Johnson, Scott Williams, Tom Mutter, Alex Steckel, Peter Bailey, Jeff Coursey, Jennifer Fortin, Matthew Knotts, Rob Gilliland, Ian Willard, Loggins Merrill, Jennifer Horne, Karen McCreary, William Petrick, Peter Hasby, Richard Stone, Liza Julien, Joan Andrews, Judy McCorvey, Leslie Randolph, Katie Pappas, Janet Hough, Pam Woodmansee, Marian Florence and Maren Jeppsen. Comments included simplifying the permitting process, building heights, funding mechanisms, applicant costs, community damage, bring ordinance inline with community standards, fair treatment, exemptions, neighborhood notification prior to approval and construction, consistency, tax credits, neighborhood protection, teardowns, compatible infill policies, preserve community character, immediate action, no sunset provision, monster homes, resident needs, first line option, infill overlay, survey surrounding properties, two-story structures, negative impacts, residential zoning, historic districts and contributing structures. Additional comments included non-conforming uses, vulnerable neighborhoods, misrepresentation, privacy, blocked views, no sunlight, diminished property values, 05 - 165 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 6, 2005 quality of life issues, remodels, footprint guideline, preservation, unscrupulous builders, out-of-scale buildings, balance, acceptable resolution, City-wide adoption, national register districts, policy issues, retain demolition requirements, enforcement, over-the-counter permits, property owner recourse, three-tier approval process, continue to improve ordinance, median height, establish uniform review process, incompatible construction and addressing permit violations. The following spoke or submitted written comments in opposition of the proposal: Raider Huck, Brian Jessop, Mark Cook, David Rose, Robert Hansen, Tai Biesinger, Andrew Scrivner, Ian Carpenter, Clint Johnson, Phillip Winston, Kathryn Lichfield, Bob Plumb, Janice Tolhurst, Alec McGinn, Kristin McGinn, Don Edwards, Julie Mathews, Jeff Walker, Michael Bradley, Tracey Wake, Allison Leishman, Greg Ross and Russell Banz. Comments included objective standards, inability to upgrade, protecting property rights, residents moving away from the City, numerous restrictions, inability to improve home/property, height restrictions, open space requirements, special exceptions, broad application, address individual community needs, high density housing, setbacks, large development restrictions, purchase with intent to expand, blocked views, commercial projects, extreme nature of proposal, height surveys, limiting buildable area of lot, applying standards City-wide, additional permit costs, costs for additional review processes, real estate investments, compatible homes, proposal does not solve problem, economic growth, and diminished property values. Councilmember Buhler moved and Councilmember Saxton seconded to close the public hearing and refer the issue to December 13, 2005. Councilmember Buhler said this was a difficult issue and the Council appreciated the public's input. He said there were strong feelings regarding all aspects of this issue and he hoped the Council could find a solution. He said he did not want to postpone the issue indefinitely but thought the Council needed another week before making a formal decision. He said the issue was scheduled for further discussion on Thursday, December 8, 2005. Councilmember Saxton said she thought some requirements or restrictions were appropriate for certain communities and not others. She said she wanted the public to contact her with recommendations for areas in the City which needed to be included or excluded. She said she thought the core issue was how holistically the City wanted every community or was there opportunity for variation in height. Councilmember Lambert called for the question, which motion carried, all members voted aye. (0 05-16) #2. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Code to create Transit Oriented Zoning Districts, rezoning property along the east-west light rail corridor, and amend the Central Community Master Plan pursuant to Petition Nos. 400-01-48 and 400-01-12. (Transit Oriented Development) (TOD) View Attachment The following spoke or submitted written comments regarding the proposal: Ron Love, Judi Short, Dennis Guy-Sell, Dawn Levingston, Cindy Cromer, Esther Hunter, Soren Simonsen, Chris Johnson, Ian Willard, Loggins Merrill and Jim Jenkin. Comments included utilizing public transit, community master plans, height restrictions, Central Business District, mixed use development, residential relocation option, impact on residential properties, protect existing structures, lack of notice, proposed changes east of 700 East, private property interests, developer incentives, loopholes, business corridor, eroding residential properties, public input, exclude single-family residential areas 05 - 166 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 6, 2005 along corridor, inappropriate suburban shopping centers, setback requirements, parking locations, pedestrian environment and 25% parking reduction. Councilmember Saxton moved and Councilmember Jergensen seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Saxton asked about the housing component associated with the TC- 75 zone. Cheri Coffey, Planning Administration Deputy Director, said the proposed ordinance required one level of residential housing for every level of non-residential development. She said housing could be located in the same building or transferred somewhere within the corridor. Councilmember Saxton moved and Councilmember Christensen seconded to adopt Ordinance 76 of 2005 rezoning properties along 400 South from 200 East to approximately 925 East excluding properties on the north and south sides of 400 South from 700 East to 900 East, and further moved that the Council refer action regarding rezoning properties on the north and south sides of 400 South, from 700 to 900 East to a future Council meeting. Councilmember Saxton said this was a difficult issue for adjacent neighborhoods. She said development would eventually spread unless densities were increased. She said higher densities would allow properties to be utilized for future development. She said the Council was aware of viable housing located on the north and south sides of 400 South and wanted to preserve them. She said she had questions concerning widths and setbacks for sidewalks. She said she wanted to receive more public input regarding the corridor between 700 and 900 East. Councilmember Love said she would support the motion even though she originally wanted to stop at 700 East. She said she was persuaded there might be opportunities to allow more height at some of the key corners located on 700 East. She said she thought the City could work with the neighborhood to address issues and explore opportunities. She said she did not want the public to be concerned that historic sites were in jeopardy. She said the Council was sensitive to those issues but felt there were opportunities which needed to be explored. Councilmember Christensen said he originally supported the 300 South TRAX alignment because he felt it was more accessible to neighborhoods. He said there were challenges on 400 South but in order for it to be a true transit oriented corridor there needed to be some densities. He said even though final changes to the proposal were completed last week, a lot of time, review and input had gone into the recommendation. He said he was comfortable adopting the proposal because he saw how successful TOD was in other cities. He said he felt in the next ten years there would be limited opportunities due to the number of retail stores recently built along the corridor. He said he hoped the City would be able to take advantage of the assets the University brought to the community through its link to downtown. He said property along the corridor was valuable because he did not see development encroaching further into adjacent neighborhoods. He said he hoped the proposal would be successful and provide both residential and office uses along the corridor. Councilmember Lambert said the Council originally discussed moving from 50-feet to 75- feet. He said discussion was now being held which would allow 125-feet. He said he felt taller buildings needed to be concentrated in the Central Business District and asked about the change. Councilmember Christensen said 125-foot structures had to go through a conditional use process which had always been required. He said City consultants recommended that building heights needed to be focused toward intersections, particularly where transit stops were located. He said he thought more 05 - 167 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 6, 2005 height would make sense at intersections but not at mid-block locations. Ms. Coffey said a lot of east downtown neighborhoods were zoned RMU which contained the 75-foot height requirement with a conditional use process up to 125-feet. She said when the ordinance was originally drafted the planning staff did not think the transit corridor zone should have a lower height requirement than properties located just to the north. Councilmember Lambert called for the question, which motion carried, all members voted aye. (P 02-14) #3. RE: Accept public comment and consider adopting an ordinance amending the Gateway Master Plan and declaring property purchased for transportation purposes no longer needed for that purpose pursuant to Petition No. 400-05-21. View Attachment Jake Boyer, Boyer Company, said based on the compromise reached between the Boyer Company, Utah Power, Transportation and others, he wanted the Council to make a motion to uphold the masterplan and recommend that the property be sold. He said the Boyer Company would work with the Administration on remaining issues. Councilmember Jergensen moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Turner moved and Councilmember Jergensen seconded to approve the compromise on this property and uphold the existing masterplan and sell the property to the Boyer Company. Councilmember Turner said the property was originally in his district and he felt a grocery store was needed in that area. He said density was an issue in the past but with new housing and other development the situation had changed. He said the store would be located on a transit corridor and would be a good fit. He said he thought the neighborhood would benefit from the development and supported the proposal. Councilmember Christensen said he wanted to make a friendly amendment to the motion. He said he felt an agreement was needed between the City and Utah Power and Light which gave the City the ability to purchase property owned by Utah Power and Light. He said a large part of the compromise on this proposal involved a portion of their property. He said he felt the parties involved would act in good faith but current Council Members might not be around when the deal came to fruition. Councilmember Saxton said she was in favor of upholding the masterplan but wanted to caution that even though there were rumors about a grocery store, the City did not have a formal proposal from the Boyer Company. She said a grocery store was needed in that area but she did not think this location was equitable. She said she did not want to sell property to developers which could be used for at-grade parking. She said she felt the City had moved past at-grade parking in this part of the City and would vote against the motion. Councilmember Buhler said he understood this had to go back to the Planning Commission as a Planned Unit Development and they would have an opportunity to address the issues raised by Councilmember Saxton. Councilmember Lambert called for the question, which motion carried, all members voted aye, except Councilmember Saxton, who voted nay. (P 05-22) 05 - 168 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 6, 2005 UNFINISHED BUSINESS #1. RE: Adopting an ordinance enacting Section 12.56.205, Salt Lake City Code, pertaining to free metered parking for alternative fuel, fuel efficient and low polluting vehicles. View Attachment Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 82 of 2005. Councilmember Christensen asked if this was limited to cars or could commercial vehicles also qualify. Dan Bergenthal, Transportation Engineer, said commercial vehicles were included. He said commercial vehicles were large contributors to air pollution in downtown and he felt it made sense to include them in the proposal. Councilmember Christensen said even though the City wanted to encourage fleets to shift to fuel efficient vehicles, he felt many of them would change because it was economically viable. He said he was concerned these entities would receive free parking over other businesses which were licensed by the City. He said he had some fundamental issues with the proposal and would vote against the motion. Councilmember Saxton said she felt the City was doing the right thing by encouraging and rewarding people who drove vehicles which improved the environment. She said she had some apprehension that the proposal was exclusive to a certain stratum which could afford those vehicles but felt the City needed to do whatever it could to encourage change. She said awareness of fuel efficiency and environmental concerns needed to be paramount to everyone. She said as policy makers she felt the City was moving in the right direction and would vote in favor of the motion. Councilmember Love asked Councilmember Turner for an explanation of his concerns regarding the proposal. Councilmember Turner said he was concerned business owners could use their cars or trucks as commercial vehicles to make free deliveries throughout downtown. He said the ordinance would allow business owners to conduct business in the downtown area indefinitely using free unlimited parking. He said he envisioned meters being used to encourage retail by being available to the public and not for commercial use. Councilmember Jergensen said he did not think the purpose of the ordinance was to provide incentives for business activity. He said he felt the purpose of the proposal was to say the City felt it was important to reduce emissions and encourage the purchase of fuel efficient vehicles. He said the incentive was to allow private or commercial vehicle owners to park free in downtown. He said he felt the ordinance supported the City's policy to reduce emissions and he urged the Council to support the proposal. Councilmember Christensen asked if the ordinance contained a sunset provision. Ms. Gust-Jenson said no. Councilmember Christensen said he did not think the proposal was overbearing or that a lot of people would rush to buy hybrid cars but at some point it would be difficult for a future Council to repeal the ordinance. Councilmember Lambert called for the question, which motion carried, all members voted aye, except Council Members Turner and Christensen, who voted nay. (0 05-31) #2. RE: Adopting a resolution relating to Open Space Funding. View Attachment Councilmember Love moved and Councilmember Jergensen seconded to adopt Resolution 65 05 - 169 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 6, 2005 of 2005, which motion carried, all members voted aye, except Councilmember Turner, who voted nay. (0 05-22) CONSENT AGENDA #1. RE: Requesting that the Administration not hold a hearing at 5:00 p.m. on December 13, 2005 regarding an exchange of an Indenture Easement for fee title to locations of Public Utilities equipment at 3931 East Big Cottonwood Road. This will be a value-for-value exchange. View Attachment (W 05-4) #2. RE: Requesting that the Administration not hold a hearing at 5:00 p.m. on December 13, 2005 regarding an even exchange of power easements to accommodate the reconstruction of the Liberty Park Concession building. View Attachment (W 05-4) #3. RE: Confirming the date of December 13, 2005 at 7:00 p.m. to accept public comment and consider adopting an ordinance rezoning property generally located at 1435 South 1100 East from Single Family Residential (R-1-5000) to Residential Business (RB) pursuant to Petition No. 400-05-36. (Requested by Chabad Lubavitch) (P 05-23) #4. RE: Approving the appointment of Candice Colby to the Arts Council for a term extending through July 1, 2008. (I 05-21) #5. RE: Approving the appointment of Michael Mack to the Arts Council for a term extending through July 1, 2008. (I 05-21) #6. RE: Approving the appointment of Raymond Gunn to the Human Rights Commission. As outlined in the ordinance, term ending dates will be drawn by lot to expire on a staggered basis of two, three or four years each. (I 05-28) #7. RE: Correcting the expiration date for the appointment of Robert Earl Forbis, Jr. to the Planning Commission for a term extending through July 1, 2006. (I 05-20) Councilmember Jergensen moved and Councilmember Buhler seconded to approve the Consent Agenda, which motion carried, all members voted aye. The meeting adjourned at 9:54 p.m. sc 05 - 170