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07/09/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 9, 2013 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 9, 2013 at 7 : 18 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Soren Simonsen Luke Garrott Jill Remington Love Kyle LaMalfa Charlie Luke Carlton Christensen Stan Penfold Cindy Gust-Jenson, Executive Council Director; Margaret Plane, City Attorney; David Everitt, Mayor' s Chief of Staff; and Cindi Mansell, City Recorder; were present. Councilmember LaMalfa presided at and Councilmember Christensen conducted the meeting. OPENING CEREMONY #1 . 7:18:35 PM Pledge of Allegiance . #2 . 7:19:10 PM Councilmember Penfold moved and Councilmember Luke seconded to approve the Work Session minutes of Friday, May 31, 2013 and the Formal Meeting minutes of Tuesday, June 4 , 2013 and Tuesday, June 11, 2013, which motion carried, all members voted aye . View Attachments (M 13-3) (M 13-4) PUBLIC HEARINGS #1 . 7:20:38 PM Accept public comment and consider adopting an ordinance amending Salt Lake City Code concerning recognition of Community-Based Organizations (amending Chapter 2 . 60 and certain sections of Title 21A; and deleting Chapter 2 . 62) pursuant to Petition No. TMTL2012-00013 . The proposed amendments would update the current ordinance related to recognized community organizations, which hasn't been updated since 1990. The amendments are designed to bolster the amount and diversity of public participation of community-based groups. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. View Attachments Christopher Thomas, Sugarhouse Community Council Chair, spoke in favor of the ordinance . He asked these items be included: extend the 45 days allotted for public comment to 60 days total; the Planning Division public process document indicated a planning representative would attend a community organized meeting to answer questions and he 13 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 9, 2013 requested their role be elaborated; and to add the provision within the general application procedures to ask the applicant to explain their plan for public engagement. The following spoke or submitted written comments against the proposal : Joann Anderson, Steve Johnson, Karen Silver, Minta Brandon, Anne Cannon, Ann Pineda, and Anna Giron. Concerns included recognition of the historic relationship with community councils; dilution of the effectiveness of these groups; timing limitations; difficulty in informing groups that do not participate; difficulty for the public to locate information regarding pending proposals; and views of self- selected groups providing the appearance of representing more of the public at large . Gwen Springmeyer, Greater Avenues Community Council Chair, said significant progress had been made with the ordinance . She inquired as to what happened if a recognized organization failed to register; she expressed concern that organizations should continue to receive notification. Michael Brough, Bonneville Hills Community Council and Board Member of the West/Lower Foothill Association, asked for a simple explanation of the proposed changes (including pros and cons) . He said he had questions as to process such as if a community based organization allowed its charter to expire by failing to pay its fees on an annual basis; the ordinance was unclear as to whether there should be a reapplication process or merely bring the fees current. He said if one organization desired to merge with another, there was no defined process . Councilmember Love moved and Councilmember Penfold seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (0 13-19) #2 . 7:35:26 PM Accept public comment on the proposed City Budget for Fiscal Year 2013-14, including the proposed tax increase, in anticipation of the Truth-in-Taxation public hearing, which is scheduled for Thursday, August 15, 2013 at 6: 00 p.m. Jay Ingleby, Jake Parkinson, Henrietta Prater, George Chapman, R. Douglas Felice, and Roberto McFarlane spoke against the proposed tax increase . Concerns included: taxpayers and families on fixed incomes, fees already being assessed, increased parking meter hours, citizens not getting enough time to respond or speak, adequate public notice, confusing government speak, Salt Lake City not having a chance to continue discussions with the State Legislature relative to sales tax 13 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 9, 2013 if a tax increase was imposed at this time, waiting until January to see sales tax revenues, poor planning costing taxpayers when it comes to construction projects and specifically repaving, restriping, and tearing up the road to remove railroad ties from 9th East/1300 South to Emerson, and proposing an increase at a time when the economy was still stagnant adding to already disheartened and angry citizens . Councilmember LaMalfa moved and Councilmember Simonsen seconded to continue the hearing to July 16, 2013, which motion carried, all members voted aye . (B 13-1) POTENTIAL ACTION ITEMS #1 . 7:44:48 PM Adopting an ordinance that would amend the zoning of the rear portions of two properties located at 834 and 836 South Edison Street from SR-3 Special Development Pattern Residential to D-2 Downtown Support pursuant to Petition No. PLNPCM2012-00114 . The request has been made in order to allow Epic Brewing to expand their brewing operations. The current zoning would only allow residential uses and not allow a brewery or other commercial uses. Although the applicant has requested that the property be rezoned to the Downtown Support (D-2) zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. (Petitioner: Epic Brewing LLC) View Attachments Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Ordinance 31 of 2013 amending the zoning of the rear portions of two properties located at 834 and 836 South Edison Street from SR-3 Special Development Pattern Residential to D-2 Downtown Support subject to the Administration and petitioner entering into a development agreement; and that the Council Initiate a Legislative Action requesting the Administration to amend the Central Community Master Plan to: 1 . Establish strong policy guidance and implementation strategies for preservation of established low - medium density residential neighborhoods specifically center courts/ interior block developments . This should include but not be limited to the following areas : o Edison State Street/200 East & 800/900 South o Hawthorne 500-600 East (550 South) o Stanton/Beldon 300-400 East (550 South) o Montrose 200-300 West (750 South) o Menlo/Markea 800-900 East (250 South) o Iowa Pennsylvania 200-300 South (950 East) 2 . Change the future land use designation and adjust the zoning of center court properties to reflect the existing residential land 13 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 9, 2013 uses . Said motion carried, all members voted aye except Councilmember Penfold who voted nay. 7:46:45 PM Councilmember Penfold expressed concern with the challenges created by development agreements and encroaching business into a reviving residential area. 7:47:37 PM Councilmember Garrott said this was a compromise that achieved a win/win situation for a unique section of the city while allowing two uses to co-exist and stabilize the neighborhood and enable activities to hide the commercial on State Street . (P 13-6) 7:52:46 PM COMMENTS TO THE CITY COUNCIL J.T. Martin spoke about ordinance restrictions associated with street parking/advertising. He said a request was made to allow a restored covered wagon to be placed on the west side of South Temple to promote events taking place during the Annual Days of 47 festivities . He said the request was denied and urged the Council and Administration to consider the economic impacts of this free event for the public. Mr. Everitt clarified parking meters were not covered for advertising purposes; if advertising was allowed for one, he would suspect there would be many requests . Inquiry was made as to differentiation between community events open and free to the public versus private events that were not; Mr. Everitt said staff would have a difficult time distinguishing or being able to make determinations based on content. It was stated that other locations were explored but did not meet approval for exposure with the requestor. Oscar Ross requested an investigation into his altercation with the Salt Lake City Police Department on January 11, 2009 . He said he had followed the Citizen Complaint process and remained unsatisfied. 8:02:28 PM CONSENT AGENDA Councilmember Simonsen moved and Councilmember Penfold seconded to adopt the Consent Agenda, which motion carried, all members voted aye . #1 . RE: Setting the date of Tuesday, August 20, 2013 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending the Future Land Use Map of the Central Community Master Plan and the Zoning map related to property located at 1073 East 1300 South pursuant to Petition Nos . PLNPCM2012-00608 and PLNPCM2012-00610 . The 13 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 9, 2013 proposal would change the zoning on the property from R-1-5000 - Single Family Residential to CN - Neighborhood Commercial to allow for a two-story, mixed-use development. Liberty Heights Fresh Market would be housed on the first floor, and four residential units on the second floor. Although the applicant has requested that the property be rezoned to the CN-Neighborhood Commercial zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. Petitioner - Liberty Heights Fresh. View Attachments (P 13-8) #2 . RE: Appointment of Jeffrey L. Snelling as the City Engineer of Salt Lake City Corporation. View Oath (I 13-17) #3 . RE : Appointment of Amanda Thorderson to the Library Board for a term extending through June 30, 2016 . (I 13-18) #4 . RE: Appointments of the following people to the Utah Performing Arts Center Agency Board: a . Jason Mathis for a term extending through December 31, 2016 . b . Dave Golden for a term extending through December 31, 2015 . c . Jennifer Bruno for a term extending through December 31, 2016 . d. Justin Belliveau for a term extending through December 31, 2015 . e . Helen Langan for a term extending through December 31, 2017 . (I 13-19) Councilmember Simonsen expressed concern as to a transparent process and suggested establishing future policy to review all board appointments in a public meeting. The meeting adjourned at 8 : 03 p.m. Council Chair City Recorder This document is not intended to serve as a full transcript as additional discussion may have been held; please refer to the audio or video for entire content. 13 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, JULY 9, 2013 This document along with the digital recording constitute the official minutes of the Salt Lake City Council Regular Session meeting held July 9, 2013 . clm 13 - 6