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05/15/2012 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 15 , 2012 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, May 15, 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; and Scott Crandall, Deputy City Recorder; were present. Councilmember Simonsen presided at and Councilmember Penfold conducted the meeting. OPENING CEREMONY #1 . 7:18:53 PM The Pledge of Allegiance was led by the Jr. Webelos Cub Scouts, Den #2, St. Olaf Pack 4030 . #2 . 7:21:39 PM The Council, with Mayor Ralph Becker, will recognize Representative Jennifer Seelig for her service to the Salt Lake City community. 7 :21:52 PM After comments by Councilmember Christensen, a plaque was presented to Representative Seelig by David Everitt and Councilmember Christensen. 7:27:07 PM Comments by Representative Seelig. #3. 7:28:56 PM Councilmember Love moved and Councilmember Simonsen seconded to approve the minutes of the Salt Lake City Council meetings held Tuesday, May 1 , 2012 and Tuesday, May 8 , 2012, which motion carried, all members voted aye . View Attachments (M 12-3) PUBLIC HEARINGS #1 . RE : 7:30:04 PM Accept public comment and consider adopting an ordinance creating a Small Neighborhood Business Zoning District and related zoning regulations . The proposed ordinance could change some existing commercial zoning regulations and establish regulations for new Small Neighborhood Business Zoning Districts . Related provisions of Title 21A - Zoning, may also be amended as part of this petition. 12 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 15 , 2012 Petitioner Mayor Ralph Becker, Petition No. PLNPCM2009-00615 . View Attachments Charles Perschon, David Perschon, Cindy Cromer, Anne Decker, Dee Dee Duffin, John Owens and Scott Evans spoke and/or submitted written comments . Comments included divergent views, provide options for alcohol distribution, open wine bar, encourage local business/economy, responsible business owners/adults, unintended consequences, walkable community, social gathering place, outdated liquor districts/laws, eliminating residential exemptions, community interaction, change zoning purpose, enhance neighborhoods, confusion about proposal and plan for growth. Councilmember Simonsen moved and Councilmember LaMalfa seconded to close the public hearing. 7 :43:44 PM Councilmember Garrott commented on the motion. He said he wanted to postpone action to allow further discussion with the Planning Division regarding potential threats to historic structures and other concerns raised by the public. Councilmember Penfold called for the question, which motion carried, all members voted aye . (P 12-8) #2 . RE: 7 :44:56 PM Accept public comment regarding a resolution approving the draft 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 by the public. 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 Martin Cuma spoke and submitted written comments in favor of the proposal . Councilmember Simonsen moved and Councilmember Luke seconded to continue the public hearing, which motion carried, all members voted aye . (R 12-8) #3 . RE : 7:48:14 PM Accept public comment and consider adopting an ordinance to provide clarity and efficiency relating to the Historic Preservation Overlay zoning regulations . The process and criteria for establishing an historic district is currently being addressed by the Administration through a separate petition. Proposed changes for 12 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 15 , 2012 designation of historic districts will be considered in the future. This proposal includes the following items: View Attachments • Improve clarity without changing the intent of specific zoning regulations . • Streamline the approval process for applicants . • Allow the Historic Landmark Commission to modify bulk and lot regulations in historic districts . • Address ongoing problems with administration of existing regulations . • Clarify the length of time a Certificate of Appropriateness is valid. • Clarify wording that may be open to interpretation. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker, Petition No. PLNPCM2011-00470 . Jim Webster, Polly Hart, Cindy Cromer and Katherine Gardner spoke and/or submitted written comments . Comments included streamline the approval process, contamination issues, audio tape retention, administrative approval on major additions/alterations, elimination of public notice, variances, structures built before zoning ordinances existed and setback requirements . Councilmember Garrott moved and Councilmember Love seconded to continue the public hearing. 7 :58:10 PM Councilmember Love commented on the motion. She said there had been limited discussion and asked about having a briefing. Councilmember Simonsen said he would continue to agenda the item until a discussion could be held. Councilmember Penfold called for the question, which motion carried, all members voted aye . (0 12-10) #4 . RE: 7:59:00 PM Accept public comment regarding an ordinance adopting the City budget, excluding the budget for the Library Fund which is separately adopted, and the employment staffing document of Salt Lake City, Utah for fiscal year 2012-2013 . (*Note: the Council will hold a combined public hearing on Items C4a- C4n on May 15, 2012, which will address all issues associated with the 2012-2013 budget, including the Library Fund) . View Attachments View Attachments (B 12-1) 12 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 15 , 2012 Jason Mathis , Jim Webster, Joshua Stohl and Hilary Catton spoke and/or submitted written comments . Comments included encourage parking turn-over, positive experience, no parking fees after 8 : 00 p.m. , exceptions for downtown residents, educate public about free parking locations, misplaced signs, ambiguous appeal process, improve enforcement tactics . Councilmember Simonsen moved and Councilmember Luke seconded to continue the public hearing, which motion carried, all members voted aye . a . Accept public comment regarding an ordinance adopting the budget for the Library Fund of Salt Lake City, Utah, for fiscal year 2012-2013 . (B 12-2) b. Accept public comment regarding an ordinance adopting the rate of tax levy, including the levy for the Library Fund, upon all real and personal property within Salt Lake City, made taxable by law for fiscal year 2012-2013 . (B 12-1) c. Accept public comment regarding an ordinance adopting the rate of tax levy to be credited to the Library Fund for fiscal year 2012- 2013 . (B 12-2) d. Accept public comment regarding an ordinance approving a Memorandum of Understanding between Salt Lake City Corporation and the International Union of Police Associations Local 75, representing Police Officers in the Salt Lake City Police Department pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011, which shall become effective on proper ratification and signature . (0 12-14) e . Accept public comment regarding an ordinance appropriating necessary funds to implement, for Fiscal Year 2012-2013, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the International Union of Police Associations Local 75 (SLPA) , representing Police Officers in the Salt Lake City Police Department pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011 . (0 12-14) f . Accept public comment regarding an ordinance approving a Memorandum of Understanding between Salt Lake City Corporation and the 12 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 15 , 2012 International Association of Firefighters Local 1645 (IAFF) , representing firefighters and fire captains in the Salt Lake City Fire Department pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011, which shall become effective on proper ratification and signature . (0 12-15) g. Accept public comment regarding an ordinance appropriating necessary funds to implement, for Fiscal Year 2012-2013, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 1645 (IAFF) representing firefighters and fire captains in the Salt Lake City Fire Department pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011 . (0 12-15) h . Accept public comment regarding an ordinance appropriating necessary funds to implement, for Fiscal Year 2012-2013, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the American Federation of State, County and Municipal Employees (AFSCME) , representing eligible employees dated on or about June 22, 2011 . (0 11-11) i . Accept public comment regarding an ordinance approving the Compensation Plan for all non-represented employees of Salt Lake City. (0 12-16) j . Accept public comment regarding an ordinance amending the Salt Lake City Consolidated Fee Schedule as may be needed to reflect fee changes approved as part of the Fiscal Year 2012-2013 City Budget. (0 11-9) • Repealing Salt Lake City Code Section 15 . 16 . 080 regarding aquatic center fees. (0 12-18) • Amending Salt Lake City Code Section 15 . 16 . 060, relating to tennis court use fees . (0 12-19) k. Accept public comment regarding an ordinance enacting Chapter 2 . 08 . 110, Salt Lake City Code, creating the 911 Communications Bureau and amending Chapter 2 . 08 which outlines the responsibilities of the Police and Fire Department. (0 12-17) 12 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 15, 2012 1 . Accept public comment regarding an ordinance clarifying airport/off airport daily parking tax. (0 12-21) m. Accept public comment regarding an ordinance amending Chapters 5 . 14 and 5 . 15, Salt Lake City Code, in order to incorporate pertinent changes to Utah' s statutes . (0 09-39) n . Accept public comment regarding an ordinance amending Section 12 .56.200, Salt Lake City Code, and expanding the hours during which authorization to park in a parking space must be purchased in order to use such space. (0 12-20) POTENTIAL ACTION ITEMS #1 . RE: 8 :04 :53 PM Adopting a resolution regarding the Council' s Philosophy Statement on Neighborhood Quality of Life. View Attachments Councilmember Simonsen said Councilmember Garrott was absent for the Work Session discussion and wanted to give him a chance to provide input prior to the vote . Councilmember Garrott said he wanted to add additional language regarding local food/agriculture . Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Resolution 22 of 2012 including the following language in the Philosophy Statement: "We support neighborhood scale agriculture and encourage the production, marketing and consumption of local food" , which motion carried, all members voted aye . (R 12-7) #2 . RE: 8 :07 :43 PM A. An ordinance adopting an Impact Fee Facilities Plan (IFFP) and amending related provisions of the Salt Lake City Code : View Attachments • Adopt the Impact Fee Facilities Plan (IFFP) and Impact Fee Analysis . • Amend Section 18 . 98 . 060E - This change would eliminate language that requires the City to use General Fund monies to pay impact fees for low income housing development that has been granted an impact fee exemption . • Amend Section 18 . 98 . 030B - This change would eliminate language that requires roadway facilities impact fees only for development 12 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 15, 2012 activity which makes improvements to and in the northwest quadrant or the westside industrial area of the City. The proposed change would require roadway facilities impact fees for eligible impact fee projects located anywhere within the City. B. Adopting an ordinance amending the Salt Lake City Consolidated Fee Schedule: • Amend the Salt Lake City Consolidated Fee Schedule to reflect changes to the impact fee schedule (See Attachment A) as per the Impact Fee Facilities Plan and Impact Fee Analysis . 8:07 :52 PM A briefing/discussion was held with the Administration prior to action being taken. See File M 12-4 for discussion . 8:22 :07 PM Councilmember LaMalfa moved and Councilmember Simonsen seconded to adopt Ordinance 26 of 2012 , adopting the Impact Fees Facilities Plan and Impact Fee Study Final Plan prepared by Galena Consulting using Option B - Full Parks Plan and adopting related Impact Fees Amendments with an effective date of January 1 , 2013 , that will : 1) amend Salt Lake City Code 18 . 98 . 060E, which eliminates language that requires the City to use General Fund monies to pay impact fees for low income housing development that has been granted for an impact fee exemption and 2) Amend Salt Lake City Code 18 . 98 . 030B, which eliminates language that requires roadway facilities impact fees only for development activity which makes improvements to and in the northwest quadrant or the Westside industrial area of the City. The proposed change would require roadway facilities impact fees for eligible impact fee projects located anywhere within the City, which motion carried, all members voted aye . Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Ordinance 27 of 2012 , amending the Salt Lake City Consolidated Fee Schedule to reflect impact fee changes adopted with the Impact Fees Facilities Plan and impact fee amendments, which motion carried, all members voted aye . Councilmember Garrott moved and Councilmember Simonsen seconded to adopt legislative intents related to the City' s short and long-term Capital Asset Programs, including the Capital Improvement Program (CIP) , Ten-Year Capital Facilities Plan, and reviewing and recommending other cities criteria for granting low-income housing waivers for development projects, which motion carried, all members voted aye . View Attachments (T 12-3) 12 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 15, 2012 #3 . RE : 8:25:11 PM Adopting an ordinance changing the Capitol Hill Community Master Plan and the zoning map for property located at 206 North 200 West from Moderate Density Multi-Family Residential (RMF-35) to Neighborhood Commercial (CN) . This rezoning request is a pilot rezoning project related to the Small Neighborhood Business zoning analysis project . Related provisions of Title 21A - Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker, Petition Nos . PLNPCM2011-00385 and PLNPCM2011-00176 . View Attachments 8:25:42 PM A briefing/discussion was held with the Administration prior to action being taken. See File M 12-4 for discussion. Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Ordinance 28 of 2012 , changing the Capitol Hill Community Master Plan and the zoning map for property located at 206 North 200 West from Moderate Density Multi-Family Residential (RMF-35) to Neighborhood Commercial (CN) . 8:29:08 PM Councilmember Penfold commented on the motion. Councilmember Penfold called for the question, which motion carried, all members voted aye . (P 12-9) #1 . QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL. 8:29:35 PM Councilmember Penfold asked Mr. Everitt to thank Kyle Shields and other Park Department staff for doing a great job cleaning up Memory Grove last Saturday. 8:30:42 PM Councilmember Garrott said a letter of appreciation was being drafted to Rick Graham, Public Services Director, regarding Liberty Park. He said the park looked great and he appreciated the pond being opened. He said he felt the treatment made to the pond was very effective in balancing maintenance, access and beauty issues . #2 . 8:31:10 PM COMMENTS TO THE CITY COUNCIL. Nick Jarvis spoke in opposition of the proposal to extend parking hours . CONSENT AGENDA 8:32:57 PM Councilmember Christensen moved and Councilmember Simonsen seconded to approve the Consent Agenda, which motion carried, all members voted aye . 12 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MAY 15 , 2012 #1 . RE: Setting the date of June 5, 2012 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 50 of 2011 which adopted the final budget of Salt Lake City, Utah, for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012 . Related items associated with budget and staffing documents may also be amended. (Budget Amendment No. 6) (B 12-8) #2 . RE: Setting the date of June 5, 2012 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Code to increase the amount of civil fines for vehicles that are not buses or taxicabs but are parked at bus stops or taxicab stands. (0 12-22) The meeting adjourned at 8 : 33 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 May 15, 2012 . sc 12 - 9