03/07/2006 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 7 , 2006
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, March 7, 2006, at 7 : 00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State .
The following Council Members were present:
Van Turner Nancy Saxton Dave Buhler
Soren Simonsen Eric Jergensen Jill Remington Love
The following Councilmember was absent:
Carlton Christensen
Rocky Fluhart, Deputy Mayor; Cindy Gust-Jenson, Executive Council
Director; Edwin Rutan, City Attorney; and Scott Crandall, Deputy City
Recorder; were present.
Councilmember Buhler presided at and Councilmember Saxton
conducted the meeting.
#1. 7:03:29 PM The Council led the Pledge of Allegiance.
#2 . 7:04:03 PM Councilmember Turner moved and Councilmember
Simonsen seconded to approve the minutes of the Salt Lake City Council
meetings held February 21, 2006 and February 23 , 2006, which motion
carried, all members present voted aye . View Minutes
(M 06-3)
PUBLIC HEARINGS:
#1. 7:05:31 PM RE: Accept public comment and consider adopting an
ordinance rezoning properties generally located at 466 East 500 South
from Residential/Office District (RO) to High Density Multi-family
Residential District (RMF-75) , 517-533 South Denver Street from
Moderate/High Density Multi-family Residential District (RMF-45) and
516-524 South 500 East from Moderate/High Density Multi-family
Residential District (RMF-45) to High Density Multi-Family Residential
District (RMF-75) , and amending the Central Community Master Plan
pursuant to Petition No. 400-05-06 . (Richard Astle and Thaes Webb) View
Attachment
Cindy Cromer spoke about excessive amendments to the Central City
Master Plan and utilizing density bonuses to obtain open space and
affordable housing. Rolf Berger submitted a comment card.
Councilmember Turner moved and Councilmember Buhler seconded to
close the public hearing, which motion carried, all members present
voted aye .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 7, 2006
Councilmember Turner moved and Councilmember Jergensen seconded to
adopt Ordinance 12 of 2006 .
Janice Lew, Principal Planner, briefed the Council on the
proposal . She said the development agreement, which was part of the
proposal, allowed more density within the 45-foot height requirement of
the RMF-45 zone. The Council discussed the issue of increasing density
without increasing height. Councilmember Jergensen said he felt
Council Members had concerns about this issue including neighborhood
compatibility and suggested adding a request to the motion that the
Administration/Planning come back to the Council in a specified time
period with ideas on density bonuses and height issues .
Councilmember Buhler said procedurally the Council could vote on
Councilmember Turner' s motion and then consider an additional motion to
address Councilmember Jergensen' s suggestion. Councilmember Saxton
called for the question, which motion carried, all members present
voted aye, except Councilmember Simonsen who voted nay.
Councilmember Jergensen moved and Councilmember Turner seconded to
initiate a legislative action requesting that the Administration
reevaluate the Residential Multi-Family zoning districts relating to
height, density and compatibility with surrounding neighborhoods and
identify options that would include, but not be limited to,
modification of the Planned Development regulations, density bonus and
affordable housing incentives, and neighborhood compatibility standards
with some type of step-back capability.
Councilmember Jergensen said there were a number of factors
involved in good urban planning and development . He said he hoped
through analysis, options could be found to increase density and
compatibility in downtown areas .
Councilmember Simonsen said he felt the request should include
discussion/analysis of market forces and the ability to provide density
throughout an entire district as opposed to single parcels . He said
he felt the intent of this policy needed further Council consideration.
Councilmember Saxton called for the question, which motion
carried, all members present voted aye .
(P 06-5)
#2 . 7:25:24 PM RE: Accept public comment and consider adopting an
ordinance amending Section 21A. 62 . 040, Salt Lake City Code, pertaining
to definitions and amending Table 21A.26. 080, Salt Lake City Code,
pertaining to permitted and conditional uses for Commercial Districts
and Table 21A. 30 . 050, Salt Lake City Code, pertaining to permitted and
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 7 , 2006
conditional uses for the Downtown Districts pursuant to Petition No.
400-05-32 . View Attachment
Councilmember Buhler moved and Councilmember Simonsen seconded to
close the public hearing, which motion carried, all members present
voted aye .
Councilmember Simonsen said he spoke with the Attorney' s Office
regarding a potential conflict of interest relating to the proposal .
He said the Attorney' s Office said because the ordinance had a broad
application it did not create a legal conflict and he could participate
in the discussion and vote .
Councilmember Jergensen moved and Councilmember Turner seconded to
adopt Ordinance 13 of 2006 amending the text of the Zoning Ordinance to
allow stand-alone multi-family residential developments as a permitted
use Downtown, Commercial and Mixed Use zoning districts and amend the
definition of multi-family dwelling, which motion carried, all members
present voted aye .
(0 06-6)
#3. 7:32:12 PM RE: Accept public comment and consider adopting an
ordinance amending Chapter 21A.38, Salt Lake City Code, pertaining to
Non-conforming uses and Non-complying structures pursuant to Petition
No. 400-03-34 . View Attachment
The following spoke or submitted written comments about the
proposal . Cindy Cromer, Ester Hunter, Chris Johnson, Todd Holbrook,
Charles Cowley and Judi Short. Comments included uneven distribution,
concentration in older neighborhoods, development rights, loopholes,
safety nets, mixed uses, demolition guidelines, voluntary rebuilds,
neighborhood protection, compatibility components, historic properties,
damage to real estate industry, impact on property values, financing
issues, natural disasters, rights/ability to develop private
properties, housing stock, rental properties, and master plans .
Councilmember Buhler moved and Councilmember Turner seconded to
close the public hearing, which motion carried, all members present
voted aye .
Councilmember Jergensen asked for an update between what the
Council approved last April and the current proposal . Janice Jardine,
Council Land Use Policy Analyst, and Everett Joyce, Community
Planning/Land Use and Transportation Planner, briefed the Council . Mr.
Joyce said previous action allowed commercial/residential non-
conforming uses to be rebuilt when structures were destroyed by fire or
natural disasters . He said the current proposal dealt with the
conditional use process for voluntary enlargement, alteration or
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 7 , 2006
intensification of non-conforming uses and non-complying structures .
He said this was part of the original proposal but was referred back to
the Planning Commission for refinement.
Councilmember Love asked how the compatible infill ordinance
related to this proposal . Mr. Joyce said the infill ordinance
addressed single family and R2 zones, not multi-family zones .
Councilmember Buhler moved and Councilmember Turner seconded to
adopt Ordinance 14 of 2006 amending the text of the Zoning ordinance
relating to the enlargement and/or intensification of non-conforming
uses and non-complying structures.
Councilmember Buhler said it was important to have provisions in
place so properties could be improved. He said he felt this issue
would continue to be discussed and refined and suggestions had been
raised concerning compatibility which needed to be addressed by the
Council .
Councilmember Simonsen suggested modifying the motion to
facilitate ongoing discussions regarding compatibility. Councilmember
Buhler said the Council could adopt the motion and then consider a
subsequent motion requesting a legislative intent for the Planning
Commission to come back with recommendations .
Councilmember Saxton said she felt the proposal was a good policy
which would allow residents to repair, maintain and enhance properties .
She said she felt certain businesses worked well in neighborhoods and
hoped the proposal would provide some live/work opportunities .
Councilmember Saxton called for the question, which motion
carried, all members present voted aye.
Councilmember Simonsen moved and Councilmember Love seconded to
initiate a legislative intent with regard to the non-conforming use
that the Planning Department/Planning Commission look at appropriate
considerations for design compatibility as specifically related to
height and regard to historic structures to help insure some of the
qualitative aspects of areas where non-conforming uses occurred were
respected and request recommendations be brought back to the Council in
six months, which motion carried, all members present voted aye .
(0 03-5)
Councilmember Buhler said the minutes adopted by the Council
contained mistakes and needed to be rescinded.
Councilmember Buhler moved and Councilmember Love seconded to
reconsider the adoption of the minutes, which motion carried, all
members present voted aye .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 7, 2006
Councilmember Buhler moved and Councilmember Jergensen seconded to
defer adoption of the minutes until the next formal meeting, which
motion carried, all members present voted aye .
COMMENTS TO THE CITY COUNCIL
8:01:00 PM Michael Clara spoke concerning master plan
implementation in his community relating to Gateway and 900 South.
Robert Siciliano spoke in opposition of the Council' s policy
requiring a $50 traffic school fee.
Polly Hart and Cara Lingstuyl spoke concerning restrictions on the
number of pets residents could have.
UNFINISHED BUSINESS :
#1 . 8:12:17 PM RE: Setting the protest hearing date of April 11 ,
2006 at 7 : 00 p.m. to accept protests and consider adopting a resolution
declaring the intention of the City Council of Salt Lake City to
construct improvements within the City consisting of the reconstruction
of roadways, including installation of concrete pavement, gutters,
sidewalk, water facilities, driveway approaches, street lighting, and
all other miscellaneous work necessary to complete the improvements in
a proper and workmanlike manner; to create the Salt Lake City Strongs
Court (#102109) and Fenway Avenue (#102129) reconstruction Special
Improvement District (the "District") ; to pay the improvement costs and
expenses by special assessments to be levied against the property
benefited by such improvements; to provide notice of intention to
authorize such improvements and to fix a time and place for protests
against such improvements, assessments or the creation of the district;
to declare its official intent to reimburse itself for expenditures
paid by it prior to the sale of bonds; and to authorize advertisement
of construction bids and related matters . View Attachment
Councilmember Buhler moved and Councilmember Turner seconded to
adopt Resolution 14 of 2006, which motion carried, all members present
voted aye.
(Q 06-2)
#2 . 8:12:17 PM RE: Setting the protest hearing date of April 11 ,
2006 at 7 : 00 p.m. to accept protests and consider adopting a resolution
declaring the intention of the City Council of Salt Lake City to
construct improvements within the City consisting of the installation
of decorative street lighting poles, and all other miscellaneous work
necessary to complete the improvements in a proper workmanlike manner;
to levy an assessment to operate and maintain said street lighting
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 7 , 2006
facilities; to create the Salt Lake City, Yale Avenue 1300 East to 1500
East Street Lighting Special Improvement District LC-106029 (the
"District") ; to pay the acquisition and installation costs and expenses
and the operation and maintenance costs of said improvements by special
assessments to be levied against the property benefited by such
improvements; to provide notice of intention to authorize such
improvements and to fix a time and place for protests against such
improvements, assessments or the creation of the District; to declare
its official intent to reimburse itself for expenditures paid by it
prior to the sale of bonds; and to authorize advertisement of
construction bids and related matters . View Attachment
Councilmember Buhler moved and Councilmember Turner seconded to
adopt Resolution 15 of 2006, which motion carried, all members present
voted aye .
(Q 06-3)
CONSENT AGENDA
8:12:55 PM Councilmember Jergensen moved and Councilmember Simonsen
seconded to approve the Consent Agenda, which motion carried, all
members present voted aye .
#1. RE: Adopting Ordinance 15 of 2006 (the "2006 Assessment
Ordinance") approving the assessment list and levying an annual
assessment upon property in Salt Lake City, Utah Lighting District No.
3, now known as L03 (the "District L03") ; establishing the effective
date of the 2006 assessment ordinance; providing for a procedure to
contest an assessment; and related matters . View Attachment
(Q 06-4)
#2 . RE: Requesting the Administration not hold a hearing at 5 : 00
p .m. on March 14, 2006 regarding a lease agreement so that a cellular
antennae could be placed on top of an existing power pole and for
subsurface connection through the right-of-way to ground-based signal
processing equipment. Compensation would be tendered. View Attachment
(W 06-4)
#3. RE: Setting the date of March 21 , 2006 at 7 : 00 p.m. to
accept public comment regarding an appropriation resolution adopting
the One-Year Action Plan for 32nd year Community Development Block
Grant (CDBG) funding, Home Investment Partnerships Program (HOME)
funding, Emergency Shelter Grant (ESG) funding, Housing Opportunities
for Persons with AIDS (HOPWA) funding, and American Dream Downpayment
Initiative (ADDI) funding (Fiscal Year 2006-07) and approving
interlocal cooperation agreement between Salt Lake City and the U.S.
Department of Housing and Urban Development (HUD) .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 7, 2006
(T 06-1)
#4 . RE: Setting the date of March 21, 2006 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance amending Salt
Lake City Ordinance 26 of 2005 which adopted the final budget of Salt
Lake City, Utah, and Ordinance 48 of 2005 which ratified and readopted
the final budget for fiscal year beginning July 1, 2005 and ending June
30, 2006 . (Budget Amendment No. 4)
(B 06-5)
#5. RE: Approving the appointment of Donald K. Dunn to the Utah
Air Travel Commission for a term extending through September 1, 2008 .
(I 06-10)
The meeting adjourned at 8 : 13 p.m.
Council Chair
Chief Deputy City Recorder
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held March
7, 2006 .
sc
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