11/22/2011 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 22 , 2011
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, November 22, 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 Soren Simonsen
J T Martin
Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno,
City Council Deputy Director; Edwin Rutan, City Attorney; Mayor Ralph
Becker; David Everitt, Mayor' s Chief of Staff; and Beverly Jones,
Deputy City Recorder; were present.
Councilmember Love presided at and Councilmember Martin conducted
the meeting.
OPENING CEREMONY
#1 . 7 : 07 :28 PM The Council led the Pledge of Allegiance.
#2 . 7 : 08 : 05 PM Adopting a joint resolution with Mayor Becker in
observation of December 1, 2011 as World Aids Day. View Attachment
Councilmember Penfold moved and Councilmember Love seconded to
adopt Resolution 52 of 2011, which motion carried, all members voted
aye .
(R 11-1)
#3 . 7 : 12 : 19 PM Councilmember Turner moved and Councilmember
Simonsen seconded to approve the Salt Lake City Council minutes for
Tuesday, November 1, 2011 and Tuesday, November 15, 2011, which motion
carried, all members voted aye . View Attachments
(M 11-3)
PUBLIC HEARINGS
#1 . 7 : 13 : 09 PM RE : (a) Accept public comment and consider
adopting a resolution issuing up to $18 million in subordinate excise
tax revenue notes for the purpose of financing a portion of the cost
of acquiring, constructing and equipping a proposed performing arts
center. (The Administration proposed to issue up to $18 million in
sales tax revenue notes to pay for the final design and other non-
construction costs of a proposed performing arts center. If
construction of the center ultimately is approved, the notes would be
repaid from a larger issue of bonds . If construction does not proceed,
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TUESDAY, NOVEMBER 22 , 2011
the sales tax revenue notes would be repaid through other sources . )
(Relates to Budget Opening No. 3) View Attachments
The following spoke or submitted hearing cards in support of the
proposed performing arts center: Jeffrey Berke; Natalie Gochnour;
Bryce Baker; Megan Pedersen; Joe Muscolino; Larry Holder; Jason
Mathis, Executive Director of the Downtown Alliance; Jeff Edwards ,
President and CEO of Economic Development Corporation of Utah; Michael
Braxton; Steve Boulay; Michael Fife; Safia Keller; Dave Winder; Kurt
Bestor; Kathy Lustica; David Rooker; Kristy Maple and Joey Nielson.
The following spoke in opposition to the proposed performing arts
center: Ashley Anderson; John Allen Shaw; Barbara Bannon and Roger
Jones.
Councilmember Love moved and Councilmember Simonsen seconded to
close the public hearing and defer action to a future meeting, which
motion carried, all members voted aye .
(Q 11-9)
RE: (b) Accept public comment and consider 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 related to a request to fund design of the proposed
Utah Performing Arts Center. (Budget Amendment No. 3)
See above action.
(B 11-8)
#2 . RE : 7 : 53 :23 PM Accept public comment and consider 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 amendment includes items related to the
implementation and purchase of Parking Pay Stations, way-finding signs
in the downtown area, the Fleet budget and some grants . (Budget
Amendment No. 2) View Attachments
Hank Liese and Leslie Kelen encouraged the Council' s support for
a one time appropriation for This Light of Ours: Activists,
Photographers of the Civil Rights Movement.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 22 , 2011
Councilmember Penfold moved and Councilmember Garrott seconded to
close the public hearing and defer action to a future meeting, which
motion carried, all members voted aye .
(B 11-10)
#3 . RE : 7 : 58 : 33 PM Accept public comment and consider 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 pursuant to Petition No. PLNPCM2010-00785 . Related
provisions of Title 21A, Zoning, may also be amended as part of this
petition. (Petitioner Mayor Ralph Becker) View Attachments
Ira Hinckley submitted a hearing card but did not wish to speak.
Councilmember Garrott moved and Councilmember Penfold seconded to
close the public hearing and defer action to a future date, which
motion carried, all members voted aye .
(P 11-12)
#4 . RE: 7 :59: 46 PM Accept public comment and consider 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 resource pursuant to Petition
No. PLNPCM2010-00312 . Related provisions of Title 21A, Zoning, may
also be amended as part of this petition. (Petitioner Mayor Ralph
Becker) View Attachments
Councilmember Simonsen moved and Councilmember Turner seconded to
close the public hearing.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 22 , 2011
Councilmember Simonsen said the Council had received a letter
from Gardiner Properties regarding this item and asked that the letter
be entered into the record. See File P 11-11 for letter.
Councilmember Martin called for the question, which motion
carried, all members voted aye .
(P 11-11)
#5. RE: 8 : 00 : 47 PM Accept public comment regarding the issuance
and sale of up to $2,000,000 aggregate principal amount of general
obligation bonds of the City for purposes of acquiring and preserving
open space, park and recreational lands and the potential economic
impact that such projects will have on the private sector. View
Attachments
Councilmember Simonsen moved and Councilmember Penfold seconded
to close the public hearing, which motion carried, all members voted
aye .
(Q 11-6)
UNFINISHED BUSINESS
#1 . RE: 8 : 02 : 53 PM Adopting a resolution establishing a Citywide
Preservation Program Philosophy Statement. This is part of the request
from the Administration to clarify and promote Salt Lake City' s
historic preservation goals . Other components of the program include
improvement of the Citywide Preservation Plan and preservation policy
statements and providing tools and projects to implement the City' s
preservation goals . View Attachments
Councilmember Garrott moved and Councilmember Penfold seconded to
adopt Resolution 53 of 2011, which motion carried, all members voted
aye .
(T 11-7)
#2 . RE: 8 : 03 : 52 PM Adopting a joint resolution with the Mayor
supporting waste reduction and diversion practices for Salt Lake City
and identifying new goals to divert more waste from the Landfill . View
Attachments
Councilmember Penfold moved and Councilmember Turner seconded to
adopt Resolution 54 of 2011, which motion carried, all members voted
aye .
(R 11-16)
#3 . RE : 8 : 04 : 44 PM Adopting an ordinance revising the City' s
wastewater pre-treatment ordinance. The purpose of the pretreatment
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TUESDAY, NOVEMBER 22, 2011
program is to prevent introduction of pollutant into the City' s
wastewater system. The changes are mostly required by the State
Department of Environmental Quality and may affect some businesses
with discharge permits . (Changes would affect Salt Lake City Code
Chapters 17 . 32, 17 . 36, 17 . 52, 17 . 68 and 17 . 69 . ) View Attachments
Councilmember Simonsen moved and Councilmember Turner seconded to
adopt Ordinance 68 of 2011, which motion carried, all members voted
aye .
Councilmember Penfold moved and Councilmember Christensen
seconded to move that it was the intent of the Council that Council
staff collaborate with the Administration to draft ordinance
amendments to Sections of the City Code governing the waste water,
storm water and water utilities to require that for circumstances
where authority is delegated to the department rules established and
basis for such rules be in writing available to the public and be
established through the Administrative public process that includes a
public comment period, which motion carried, all members voted aye .
(0 11-24)
#4 . RE: 8 : 07 : 55 PM Adopting an ordinance allowing parking
enforcement officers to ride bicycles on sidewalks in downtown Salt
Lake City. (An ordinance amending Section 12 . 80 . 160, Salt Lake City
Code, relating to the central traffic district bicycle riding
restriction. ) View Attachments
Councilmember Penfold moved and Councilmember Simonsen seconded
to adopt Ordinance 69 of 2011, which motion carried, all members voted
aye .
(0 06-4)
#5 . RE: 8 : 09 : 04 PM The Board of Canvassers, which includes the
Mayor and City Council, will Canvass and Declare the Results of the
Municipal General Election held on Tuesday, November 8, 2011 . The
election was held for the offices of Mayor and Council Members for
Council Districts 2, 4 and 6 . The term for each of these positions is
four years . View Attachments
Councilmember Garrott moved and Councilmember Simonsen seconded
to recess as the City Council and convene as the Board of Canvassers ,
which motion carried, all members voted aye .
Councilmember Garrott moved and Councilmember Simonsen seconded
to adopt Resolution 55 of 2011 , which motion carried, all members
voted aye .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 22, 2011
Councilmember Garrott moved and Councilmember Penfold seconded to
adjourn as the Board of Canvassers and reconvene as the City Council,
which motion carried, all members voted aye .
(U 11-2)
#6 . RE: 8 : 11 : 04 PM Adopting various resolutions for the
organization of the Local Building Authority of Salt Lake City, Utah,
including appointing and authorizing officers to execute documents on
behalf of the Authority, adopting Bylaws, setting regular meetings of
the Board of Directors, providing for fiscal procedures and
procurement and related matters . View Attachments
Councilmember Christensen moved and Councilmember Turner seconded
to recess as the City Council and convene as the Board of Directors of
the Local Building Authority, which motion carried, all members voted
aye .
Councilmember Christensen moved and Councilmember Garrott
seconded to adopt Resolution 45 of 2011 , suspending the normal rules
of order and appoint the persons to the designated offices indicated
in the resolution, which motion carried, all members voted aye .
Councilmember Christensen moved and Councilmember Penfold
seconded to adopt Resolution 46 of 2011 , adopting the bylaws presented
to the Board at this meeting as the Bylaws of the Authority, which
motion carried, all members voted aye .
Councilmember Christensen moved and Councilmember Turner seconded
to adopt resolutions relating to Items D through H on the agenda, as
such resolutions are set forth in the proceedings before the Board;
• Resolution 47 of 2011 authorizing officers to execute
certain documents on behalf of the Authority
• Resolution 48 of 2011 regarding the holding and giving
notice of regular meetings of the Board
• Resolution 49 of 2011 authorizing all actions required to
comply with the Fiscal Procedures for Local Districts Act;
• Resolution 50 of 2011 authorizing the Authority to acquire
property and services and the procedures therefore; and
• Resolution 51 of 2011 ratifying certain actions;
•
which motion carried, all members voted aye .
(R 11-15)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 22, 2011
#7 . (a) 8 : 14 : 00 PM Adopting a resolution adopting the tentative
budgets of 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 Christensen moved and Councilmember Turner seconded
to adopt Resolution 56 of 2011 adopting the tentative budgets for the
Capital Projects Fund of the Local Building Authority of Salt Lake
City, Utah for Fiscal Year 2011/2012 which was in regards to the
potential funding for the Glendale Branch Library, which motion
carried, all members voted aye .
(B 11-9)
#7 . (b) 8 : 14 : 48 PM Setting the date of December 6, 2011 at 7 : 00
p.m. to accept public comment and consider a resolution adopting the
final budget for the Capital Projects Fund of the Local Building
Authority of Salt Lake City, Utah for Fiscal Year 2011-2102 .
(Potential funding for the Glendale Branch Library)
Councilmember Christensen moved and Councilmember Penfold
seconded to set the date of December 6, 2011 at 7 : 00 p.m. to accept
public comment and consider a resolution adopting the final budget for
the Capital Projects Fund of the Local Building Authority of Salt Lake
City, Utah for the Fiscal Year 2011-12 , which motion carried, all
members voted aye .
Councilmember Christensen moved and Councilmember Turner 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)
CONSENT AGENDA 8 : 16 : 00 PM
Councilmember Simonsen moved and Councilmember Penfold seconded
to approve the Consent Agenda, which motion carried, all members voted
aye .
#1 . RE: Setting the date of Tuesday, December 6, 2011 at 7 : 00
p.m. to 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
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 22 , 2011
individual cases as appropriate; and to require the licensing of cats
(including an increase to pet licensing late penalties, Section
8 . 04 . 521, Salt Lake City Code, Appendix A. )
(0 09-3)
#2 . RE: Setting the date of Tuesday, December 6, 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)
pursuant to Petition No. PLNPCM2011-00091 . The purpose is to subdivide
the existing lots into 12 smaller lots . (Petitioner Ensign Foreground
LC. )
(P 11-14)
#3 . RE: Setting the date of Tuesday, December 6, 2011 at 7 : 00
p.m. to 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 pursuant to Petition No .
PLNPCM2010-00612 . 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. ) View Attachments
#4 . RE: Setting the date of Tuesday, December 6, 2011 at 7 :00
p.m. to 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
(B 12-3)
#5. RE: Setting the date of Tuesday, December 6, 2011 at 7 : 00
p.m. to accept public comment and consider adopting a resolution and
an ordinance relating to the planned project to build a 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. View Attachments
• 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.
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(C 11-777)
• The other item is an ordinance proposing a budget amendment
to identify revenue and allocate Salt Lake City' s share of
the project.
(B 11-11)
#6 . RE : Requesting that the Administration NOT hold a hearing at
6 : 30 p.m. on Tuesday, December 6, 2011 regarding the proposed exchange
of property located at approximately 34 South 1000 West with property
from Questar Gas Company. The exchange will facilitate the
construction and alignment of the Folsom Avenue Storm Drain project.
View Attachments
(W 11-4)
#7 . RE: Approving the reappointment of Mathew Wirthlin to the
Planning Commission for a term extending through July 1, 2015 .
(I 11-21)
#8 . RE : Approving the appointment of K. Marie Taylor to the
Planning Commission for a term extending through July 1, 2015 .
(I 11-21)
#9 . RE: Approving the appointment of Clarke Ruttinger to the
Planning Commission for a term extending through July 1, 2015 .
(I 11-21)
#10 . RE: Approving the appointment of Bernardo Flores-Sahagun to
the Planning Commission for a term extending through July 1, 2015 .
(I 11-21)
The meeting adjourned at 8 : 16 p.m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
November 22, 2011 .
bj
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