12/06/2011 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, December 6, 2011 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 Stan Penfold
Jill Remington Love Luke Garrott J T Martin
Soren Simonsen
Cindy Gust-Jenson, Executive Council Director; Ed Rutan, City
Attorney; Mayor Ralph Becker; and Chris Meeker, City Recorder; were
present.
Councilmember Love presided at and conducted the meeting.
OPENING CEREMONY
#1 . 7: 05:50 PM The Council led the Pledge of Allegiance .
#2 . 7 : 06: 15 PM Adopting a joint resolution with Mayor Becker
recognizing Beverly Taylor Sorenson for dedication and support of arts
education in schools . View Attachments
Councilmember Turner moved and Councilmember Penfold seconded to
adopt Resolution 67 of 2011, which motion carried, all members voted
aye .
(R 11-1)
#3. 7: 14: 17 PM Councilmember Garrott moved and Councilmember
Simonson seconded to approve the minutes of Tuesday, November 22 , 2011 ,
which motion carried, all members voted aye.
(M 11-3)
PUBLIC HEARINGS
#1 . 7 : 15: 00 PM RE : 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 . )
Councilmember Penfold moved and Councilmember Christensen seconded
to close the public hearing and refer to a future date, which motion
carried, all members voted aye .
(T 11-6)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
#2 . 7 : 15:30 PM RE: 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) View
Attachments
The following citizens spoke in favor of the ordinance : Melissa
Lipani, Anna Gonce, Laci Barrett, Scott Barrett, Amy O'Connor, Jen
Colby, Bryan Johnson, Sheri Krykendan, Jennifer Nii and Juan Landeros .
The following citizens were in support of the ordinance but did not
speak: Shannon Price, Adam Holmes and Stacey Chappell .
Kirk Popish was not in favor of the ordinance .
7 :34 :56 PM Councilmember Penfold spoke to his motion
Councilmember Penfold moved and Councilmember Simonsen seconded to
close the public hearing and refer to a future date, which motion
carried, all members voted aye .
(0 09-3)
#3 . 7 :36: 05 PM RE: 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 . View Attachments
Councilmember Garrott moved and Councilmember Simonson seconded to
close the public hearing and refer to a future date, which motion
carried, all members voted aye .
(P 11-15)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
#4 . 7 :37 : 05 PM RE: 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 . View Attachments
The following citizens had concerns with the accessory dwellings
ordinance : Lon Richardson, Amir Cornell, Ethan Ensign, Dave Van
Langeveld, Cindy Cormer, Marie Thornton, Michael Kaly, Lori Hunsaker,
and Christian Fonnesbeck.
The following citizen was opposed the accessory dwellings
ordinance : Meri Kaly
The following citizens were in favor of the accessory dwellings
ordinance : Les Ellison and Jen Colby.
Councilmember Penfold moved and Councilmember Simonson seconded to
close the public and refer to a future date, which motion carried, all
members voted aye .
(P 11-15)
#5 . 7 :58:20 PM RE: 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) View
Attachments
Councilmember Garrott moved and Councilmember Turner seconded to
recess as the City Council and convene as the Board of Directors of the
Local Building Authority to accept public comment, which motion
carried, all members voted aye .
Councilmember Garrott moved and Councilmember Turner seconded to
close the public hearing, which motion carried, all members voted aye .
Councilmember Garrott moved and Councilmember Penfold seconded to
adjourn as the Board of Directors of the Local Building Authority and
reconvene as the City Council, which motion carried, all members voted
aye .
(B 11-9)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
#6 . 7 :59:54 PM RE: 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 . View Attachments
Councilmember Simonsen moved and Councilmember Penfold seconded to
close the public hearing, which motion carried, all members voted aye .
Councilmember Simonsen moved and Councilmember Penfold seconded to
suspend the rules and adopt Ordinance 70 of 2011 , which motion carried,
all members voted aye .
(B 12-3)
#7 . 8: 00:54 PM RE: 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.
• 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 . (C 11-777)
• The second item is an ordinance proposing a budget amendment
to identify revenue and allocate Salt Lake City' s share of the project .
(B 11-11)
The following citizens were in support of 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: Kevin Dwyer, Jim Davis and
Matt Gray.
Councilmember Simonsen moved and Councilmember Penfold seconded to
close the public hearing, which motion carried, all members voted aye .
POTENTIAL ACTION ITEMS
#la. 8: 06:53 PM RE: 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
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
delivery of certain documents relating to such notes; and providing for
related matters .
(Q 11-9)
#lb. RE: 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 .
(C 11-794)
#lc. RE : Adopting an ordinance amending Ordinance 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.
(B 11-8) (Budget Amendment 3)View Attachments
Councilmember Christensen moved and Councilmember Martin seconded
to adopt Resolution 59 of 2011 authorizing the issuance and sale of up
to $18 million of Subordinate Excise Tax Revenue Notes, series 2012, 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, furthermore, adopting Resolution 60 of 2011
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 Council adopt Ordinance 71
of 2011, amending the FY 2012 budget to allow expenditure authority to
design the Utah Performing Arts Center and require the Administration
to report to the Council on a monthly basis on both design and budget
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
progress in the project, which motion carried, with a 9:27 :24 PM roll
call vote, all members voted aye except Council Members Simonson and
Garrott who voted nay.
Councilmember Simonsen moved for a substitute motion and
Councilmember Garrott seconded to defer action on the item until
December 13, 2011 to allow time to address the timing and review
process and to address specially expenditure of funds for an impact
analysis with other arts associations and facilities, which motion
failed with a roll call vote, all members voted nay except Council
Members Simonson and Garrott aye .
Councilmember Garrott moved for a substitute motion to defer
action on the item to the new year until the Council could devise an
over site system to release the $18 million in bond proceeds in a
deliberate way that would not slow down the process but would grantee
the City Council would exercise their over site responsibility in a way
that is responsible to the City' s taxpayers and the purposes in
developing a culture core downtown, which motion failed for lack of a
second.
8 :54 :13 PM Councilmember Christensen spoke to his motion.
8 :59:03 PM Councilmember Simonson moved and Councilmember Garrott
seconded to amend the motion that the Council also consider
specifically allocating funding for an impact study and a positioning
study for facilities effected by development of the Utah Performing
Arts Center, which motion failed, with a roll call vote all members
voting nay except Council Members Simonsen and Garrott who voted aye .
9:07 :43 PM Councilmember Love spoke to Councilmember Simonson' s
amendment to Councilmember Christensen' s motion.
9:09:44 PM Councilmember Martin spoke to Councilmember Christensen' s
motion .
9: 17 :20 PM Councilmember Penfold spoke to Councilmember
Christensen' s motion .
9:19:32 PM Councilmember Simonsen spoke to Councilmember
Christensen' s motion.
9:22 :18 PM Councilmember Love spoke to Councilmember Christensen' s
motion.
(B 11-10)
#2 . 9:27 :56 PM RE: Adopting an ordinance amending Ordinance 50 of
2011 which adopted the final budget of Salt Lake City, Utah for the
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
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. (Budget Amendment 2) View Attachments
Councilmember Christensen moved and Councilmember Simonson
seconded to adopt Ordinance 72 of 2011 amending the fiscal year 2011-
2012 budget as proposed by the Administration with the exception of
items : A-3 regarding the Parking Pay Stations and item A-4 regarding
the Way Finding signage and Master Plan, which motion carried all
members voted aye .
Councilmember Christensen moved and Councilmember Turner seconded
to adopt item A-3 as proposed, including:
a. Approving the financing of 100% of the up-front capital
costs in an amount not to exceed $4 ,300,000 for a 7-year term,
with debt service payments to come from future years' CIP Capital
Asset Management placeholder, and further move that
b. Approving the ongoing operating costs as proposed, and
appropriate $292 ,770 in operating expenses that may be incurred
related to the pay station for the remainder of 2011-2012, which
motion carried, all members voted aye.
Councilmember Christensen moved and Councilmember Simonson
seconded that it is the intent of the Council that a follow-up briefing
be held in January in order to allow time for public input and
consideration of changes or ordinance amendments regarding:
• Revenue options that may include updating anticipated
revenues, adjusting the hours for enforcement, increasing
hourly rates and/or establishing a graduated rate for
renewing or refilling time, etc. , and
• Establishing the minimum amount for credit card charges and
the related policy options and,
• It is the intent of the Council that the Administration
preserve maximum flexibility in the contract with vendor to
allow the City to benefit from advancements in technology and
reductions in the cost of that technology.
Councilmember Penfold moved and Councilmember Simonson seconded to
adopt Item A-4 to appropriate $270, 000 from CIP as originally proposed
by the administration toward way finding signage that would allow
$200, 000 to fix the existing way finding signage system, $70, 000 to
replace aging cloth banners, and $200, 000 to prepare a master plan for
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
a citywide review of way finding signage that includes a first round
review of option for residential neighborhood identification and way
finding, which motion carried, all members voted aye.
Councilmember Penfold moved and Councilmember Simonson seconded
the following legislative intents, which motion carried all members
voted aye .
• Business areas addressed - It is the intent of the Council
that staff would follow-up to verify the business areas
included in the Master Plan, and then confirm the list with
the full Council and Administration.
• Public In-put - It is the intent of the Council that the
Master Plan processes include an in-depth opportunity for the
City' s Boards and Commissions to review the plan and provide
feedback to be incorporated into the Plan.
• Trail Signage - It is the intent of the Council that the
Master Plan address signage along the City' s expanding trail
system to link users with Downtown landmarks .
• Future budget item - phasing in new signs : It is the intent
of the Council that the Administration includes funding in
the 2012-13 fiscal year budgets for a first phase of
installing new signs .
• Future Budget item - neighborhood identification &
neighborhood way finding: It is the intent of the Council
that the Administration include funding in the 2012-2013
fiscal year budget to support an initiative within
neighborhoods for residents to develop and pay for way
finding signage and neighborhood identification signs . This
could be in the form of a neighborhood matching grant
program.
Councilmember Simonsen moved and Councilmember Christensen
seconded to adopt Item I-1 to appropriate $25, 000 to support the Civil
Right exhibit put on by the Center for Documentary Expression and Art
(CDEA) at The Leonardo, contingent upon the following items :
• The primary use of this funding be to increase the number of
students who attend the exhibit through direct outreach and
assistance.
• The funding be directed toward the participation of students
in public and private schools within Salt Lake City.
• Following the exhibit the CDEA provide a report on the use of
the funding and attendance rate of City school children.
• The Arts Council work with the CDEA to review their plan for
use of the funding and approve release of the City' s funds
consistent with the terms of the appropriation, which motion
carried, all members voted aye .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
Councilmember Christensen moved and Councilmember Turner seconded
that it was the intent of the Council to move forward with an audit of
the management and financial controls of the Fleet Division. The
Council anticipates including a funding proposal in Budget Amendment
No. 4 , which motion carried, all members voted aye .
(B 11-10)
#3 . 9:27 : 46 PM RE: 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 . View Attachments
Councilmember Christensen moved and Councilmember Penfold seconded
to adopt Ordinance 73 of 2011, which motion carried, all members voted
aye .
(P 11-12)
#4 . RE: 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) See Attachments
This item was pulled
#5 . 9: 41: 19 PM RE: 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
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TUESDAY, DECEMBER 6, 2011
preserving open space, park and recreational lands and providing for
related matters . View Attachments
Councilmember Simonsen moved and Councilmember Turner seconded to
adopt Resolution 57 of 2011, which motion carried, all members voted
aye .
(Q 11-6)
#6 . 9: 41:37 PM RE: 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 .
Councilmember Turner moved and Councilmember Simonsen seconded to
adopt Resolution 58 of 2011, which motion carried, all members voted
aye . View Attachments
(Q 11-4)
9:4 2 : 0 7 PM COMMENTS TO THE MAYOR
Councilmember Simonsen thanked Rick Graham for the efforts on
clean-up from the wind storm. Councilmember Penfold said he would like
to see proposals for tree replacement that were higher than normal .
9:44 : 02 PM COMMENTS TO THE CITY COUNCIL
John Allen Shaw spoke in opposition to the Utah Performing Arts
Center.
9:4 6:5 6 PM CONSENT AGENDA
#1 . RE: Approving the appointment of Hikmet Loe to the Library
Board for a term extending through June 30, 2014 .
Councilmember Simonson moved and Councilmember Turner seconded to
approve the appointment of Hikmet Loe to the Library Board for a term
extending through June 30, 2014, which motion carried, all members
voted aye except Councilmember Garrott who voted nay.
(I 11-3)
9: 47 :23 PM Councilmember Simonsen moved and Councilmember Penfold
seconded to adopt H-2 through H-5 of the Consent Agenda, which motion
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 6, 2011
carried, all members voted aye .
#2 . RE: Approving the appointment of Nicole Gallo to the Sister
Cities Board for a term extending through July 1, 2014 .
(I 11-18)
#3. RE: Approving the re-appointment of Jinger LaGuardia to the
Sister Cities Board for a term extending through July 1, 2014 .
(I 1-18)
#4 . RE: The transfer of the following grant projects : US
Department of Transportation (UDOT) 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. View Attachments
(B 11-12)
#5 . RE: Confirming 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)
The meeting adjourned at 9 : 47 p.m.
This document along with the digital recording constitutes the
official minutes of the City Council Regular Session meeting held
December 6, 2011 .
cm
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