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04/02/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2 , 2013 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, April 2, 2013 at 7 : 00 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; Edwin Rutan, City Attorney; David Everitt, Mayor' s Chief of Staff; Cindi Mansell, City Recorder; Sonya Kintaro, Chief Deputy City Recorder; and Scott Crandall, Deputy City Recorder; were present. Councilmember LaMalfa presided at and Councilmember Love conducted the meeting. OPENING CEREMONY #1 . 7:20:42 PM Pledge of Allegiance was led by Scout Troop 464 . POTENTIAL ACTION ITEMS #1 . 7:22:18 PM Adopting an ordinance that would modify Conditional Building and Site Design Review regulations pursuant to Petition No. PLNPCM2010-00783 . The proposal would: View Attachments • Eliminate conflicts in the zoning regulations and clarify existing design criteria; • Remove design criteria that are more restrictive than the base zoning regulations; and • Remove the option to allow additional height in some zoning districts as a conditional use and include the option for additional height in the design review process. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner: Mayor Ralph Becker. Councilmember Simonsen moved and Councilmember Christensen seconded to adopt Ordinance 15 of 2013 changing the City' s zoning regulations relating to Conditional Building and Site Design Review with the following changes : 1)under Section 21A. 59 . 065, strike language that discouraged flat roofs and any other portions of that phase and 2)under Section 21A. 59 . 080, the second-to-last line should read: "...the proposed applications shall be reviewed and approved, approved with conditions (not reviewed with conditions) ..." . 13 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2 , 2013 Councilmember Love asked Wilford Sommerkorn, Planning Director, to comment on the proposed changes . Mr. Sommerkorn said he agreed. 7:24:47 PM Councilmember Simonsen said he did not understand why flat roofs would be discouraged because there were a lot of them throughout the City and many zoning designations applied to commercial zones . He said he wanted to leave the flat roof option available and encourage things such as rooftop gardens, common space, etc. Councilmember Love called for the question, which motion carried, all members voted aye . (0 13-6) #2 . 7:25:46 PM Adopting an ordinance amending the Capitol Hill Master Plan Future Land Use Map, rezone several properties located between 300 North and 800 North and 400 West and 200 West and change the Mixed Use (MU) zoning district regulations pursuant to Petition Nos . PLNPCM2012-00462, PLNPCM2012-00463 and PLNPCM2012-00464 . View Attachments The proposal would: • Amend Master Plan future land use map for properties located in the area of 400 West between 600-800 North from General Commercial to High Density Mixed Use, and rezone those parcels to Mixed Use (MU) to match the surrounding area . • Amend the Master Plan future land use map designations for most of the west side of 300 West between 400 and 500 North from Medium Density Residential and General Commercial to Medium Density Mixed Use, and rezone four parcels along the 300 West corridor from Residential Multi-Family (RMF-35) parcels to Mixed Use (MU) to allow commercial retail uses. • Amend the Master Plan future land use map designation for one commercial property located on the northeast corner of 300 West and 300 North from Medium Density Residential to Medium Mixed Use to correct a conflict in the plan. • Amend the Mixed Use (MU) zoning district regulations to provide additional flexibility for compatible residential and commercial mixed use developments. Although the applicant has requested that the property be rezoned to the Mixed Use (MU) zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner: Mayor Ralph Becker. 13 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2 , 2013 Councilmember Penfold moved and Councilmember LaMalfa seconded to adopt Ordinance 16 of 2013. 7 :26:14 PM Councilmember Penfold said this was another example of M1 or Industrial zoning being modified to a residential use and felt the proposal was a good direction for the neighborhood. Councilmember Love called for the question, which motion carried, all members voted aye . (P 13-3) #3 . 7:26:40 PM Adopting an ordinance amending the Consolidated Fee Schedule to modify Athletic Facility Reservation Fees and the included Food and Beverage Service Permits. View Attachments The proposal would: • Change field fees from a weekly rate of $15 per week per field to: $2 per hour per field for non-profit youth organizations. $4 per hour per field for other youth organizations. $5 per hour per field for adult organizations. • Change the format for assigning field space from a weekly basis to an hourly basis. • Increase food and beverage permit fees. As the demand for athletic fields in traditional and non- traditional sports is growing, the Administration is proposing these changes in an effort to create more opportunities for participation in sports leagues and activities. If approved by the Council, these changes would require the Consolidated Fee Schedule to be amended to reflect the new charges. 7:26:54 PM Discussion on the attached "Motion Sheet" included adding essential field preparation (excluding trash pick-up) , adding language that maintenance work for the City would be approved by Parks Division, allowing Parks Division/field supervisors to negotiate sweat equity items with users and determine what counted toward credit, having a pre-approved written proposal/agreement with users to avoid misunderstandings and establish criteria for prioritization of field use . See following motions for final Council decisions/language . View Motion Sheet MOTION ONE: 7:32:15 PM 13 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2, 2013 Councilmember Simonsen moved and Councilmember LaMalfa seconded to adopt Ordinance 17 of 2013 relating to the following fees and adjust the Salt Lake City Consolidated Fee Schedule as follows : () : 1 . Athletic Field Fees - a . Youth - Non-profit - $2/hour. b . Youth - For-profit - $4/hour. c . Adult organizations - $5/hour. 2 . Concession Stands - a . Concessions - with electricity and/or plumbing - $50/month. b . Concessions - temporary without electricity and/or plumbing - $25/month. The motion carried with all members voting aye . MOTION TWO: 7 :32 :56 PM Councilmember Simonsen moved and Councilmember Luke seconded that the Council reinstate "sweat equity" and have an ordinance prepared that includes the following conditions : 1 . Sweat Equity - a . Community youth teams and organizations may be eligible to receive credit of up to 50% of the cost of their annual field usage fees . Credits earned will be applied to the team or organization' s account balance before the end of the season. The team or organization' s remaining account balance is due in full after all payments and credits have been applied. NOTE: A payment of one-half of the field usage fee is due at the time the field is reserved. b . Community youth teams and organizations must submit a proposal to the Parks and Public Land Program Staff for the maintenance- type work they propose to complete in exchange for their credit. Once approved, the community youth team or organization will work with supervisory staff of the Parks and Public Lands Division. c . Team and organization credit is earned at a rate of $10/hour/person by providing volunteer time for the following types of maintenance work for the City which has been approved by the Parks and Public Lands Division: i . Painting of facilities and structures, such as, concession stands, dugouts, bleachers; 13 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2 , 2013 ii . Field repair materials and related labor donations , such as , sod, soil, seed, irrigation supplies ; iii . Graffiti removal; iv. Labor to apply soil and sod; v. Curbside placement and retrieval of garbage containers; vi . Beginning of the season field prep work; vii . Hand weeding; viii . Assisting the City with other projects administered by Salt Lake City' s Volunteer Program; ix. Other Essential field preparation and maintenance . NOTE : All field users are expected to leave the fields free of trash after their use of the field; no credit can be earned for trash removal . d. The City welcomes donations and partners for larger capital projects or improvement needs . Teams or organizations interested in larger projects should contact the City' s Public Services Department. The motion carried with all members voting aye . MOTION THREE : 7 :35:24 PM Original Motion: Councilmember Garrott moved and Councilmember Luke seconded that the Council adopt the following legislative intent: With regard to scheduling/grandfathering, that: 1) Parks and Public Lands Division continue to schedule its City facilities and fields with teams and organizations under its current practices through the end of 2014 ; 2) Parks and Public Lands host meetings to empower stakeholders to work with all users of the fields to find solutions to the scheduling of the limited and much demanded facilities and fields in a fair and consistent manner while protecting existing community teams and organizations ; and 3) Parks and Public Lands Division prepare and present a list of criteria for prioritization of athletic field use for the Council' s consideration and possible adoption into City code by the spring of 2015 . The Council intends that the criteria proposed to the City Council during the April 2nd work session and current Administrative scheduling process be considered as the starting point of the discussion. Substitute motion: 7 :36:33 PM 13 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2, 2013 Councilmember Penfold moved and Councilmember Christensen seconded that the Council modify the language in Section 3 to read "Parks and Public Lands Division prepare and present a list of criteria for prioritization of athletic field use for the Council' s consideration and possible adoption into City code by the spring of 2015" . Councilmember Garrott asked if Councilmember Penfold would consider adding that "The Council intends that the criteria proposed to the City Council during the April 2 , 2013 Work Session and current Administrative scheduling process be considered as the starting point of the discussion" . Councilmember Penfold said yes . Councilmember Love said for clarification, the motions were the same except with the addition of "by the spring of 2015" . 7 :37 :46 PM Discussion on the substitute motion included the importance of creating a timeline to ensure goals were accomplished, unique issues associated with City fields, providing an additional year for grandfathered organizations, working with stakeholders to develop fair/consistent ways to book fields, maintain the current organization eco system and grow opportunities for youth/adults to utilize City fields . Councilmember Love called for a roll call vote on the substitute motion, which motion carried. Council Members Christensen, LaMalfa, Garrott, Penfold and Love voted aye . Council Members Simonsen and Luke voted nay. MOTION FOUR: 7 :4 0:13 PM Councilmember LaMalfa moved and Councilmember Simonsen seconded that the Council adopt the following additional legislative intents : 1 . It is the intent of the City to partner with Salt Lake City School District and continue to discuss the possibility of forming a collaborative team, to work through field facility scheduling and repair/maintenance challenges faced by both entities . Topics of shared interest could include forming a consistent usage and scheduling policy for school fields, field maintenance, and exploring adding lights to selected fields, which could extend the hours a field could be used. 2 . It is the intent of the Council that Parks and Public Lands upgrade its existing scheduling software, with goals of enhancing the software to increase operational efficiencies and increase transparency by posting the athletic field usage schedule online. 13 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2 , 2013 The motion carried with all members voting aye. Councilmember Love said for clarification, this issue would come back on a Consent Agenda since the ordinance had not been drafted. Councilmember Luke asked for clarification about when changes would be implemented. Ms . Gust-Jenson said because the motions were clearly stated, the Attorney' s Office would be able prepare an ordinance so it was not necessary to put this on a future agenda. She said unless otherwise specified by the Council, the ordinance would go into effect on publication in approximately two weeks . (0 13-7) #4 . 7:43:53 PM Adopting an ordinance confirming the list of properties to be assessed and levying assessments on those properties within the Salt Lake City Central Business Improvement Assessment Area. View Attachments The assessments are for a three-year period and would fund The Downtown Alliance, a non-profit organization that promotes economic development and activities in downtown Salt Lake City. The Downtown Alliance operates under contract with the City. The assessment area originally was created in 1991 but is renewed every three years. Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Ordinance 18 of 2013, which motion carried, all members voted aye . (Q 12-11) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7 :44:18 PM No questions were asked. COMMENTS TO THE CITY COUNCIL 7 :44:28 PM No comments were given. UNFINISHED BUSINESS #1 . 7:45:03 PM Adopting an ordinance establishing guidelines and requirements for City Appointees to the Utah Performing Arts Center Board of Directors. View Attachments Under the proposed ordinance: • Board members would be appointed by the Mayor with the advice and consent of the City Council . • Board members would be appointed for one, four-year term, with no 13 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2 , 2013 automatic renewal of their term. No board member could serve for more than two consecutive terms. • No more than two of the City's six board appointees may be City employees. No more than two board members may be from the same City Council district. • Any board member may be removed from office by the Mayor with or without cause before the normal expiration of their term. • Board members must annually report to the City Council regarding the UPAC's annual budget and performance metrics. • Board members must annually report to the City Council regarding the UPAC arts accessibility program. A majority of the Council was in favor of pulling the item from the agenda. (0 13-8) #2 . 7:45:33 PM Adopting a resolution extending the time period for satisfying the conditions set forth in Ordinance 18 of 2012 for a property located at 545 and 555 West 500 North Street pursuant to Petition No . PLNPCM2011-00203 . View Attachments The applicant who requested the zoning amendments listed in Ordinance No. 18 of 2012 is requesting a 24-month extension in order to satisfy the conditions of the ordinance, which currently states the conditions must be met within one year from the date the ordinance was approved. Those conditions include providing right of way easement for sidewalks and adjusting the buildable lot areas to accommodate the right of way improvements. Petitioner: Marie Ginman-Tuttle Court. Councilmember Penfold moved and Councilmember Luke seconded to adopt Resolution 13 of 2013, which motion carried, all members voted aye . (P 12-5) #3. 7:46:02 PM Adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County (County Clerk Election' s Division) regarding the County providing election assistance services to the City. View Attachments Original Motion: Councilmember Luke moved and Councilmember Garrott seconded to adopt Resolution 14 of 2013. 7 :46:22 PM Councilmember LaMalfa asked if the proposed action would bind the Council to a traditional election or was a vote-by-mail option still available . Jennifer Bruno, Executive Council Deputy 13 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2, 2013 Director, said adopting the current proposal meant that a traditional election would be held. Substitute Motion: 7 :46:47 PM Councilmember Simonsen moved and Councilmember LaMalfa seconded to adopt a resolution authorizing the Mayor to sign an interlocal cooperation agreement with Salt Lake County to administer services for the 2013 municipal election with the understanding that the agreement will be amended to pursue a vote-by- mail only method for the 2013 municipal elections . 7 :47 :12 PM Councilmember Penfold asked for clarification on the motion regarding the vote-by-mail component . Councilmember Simonsen restated the motion that the Council adopt a resolution authorizing the Mayor to sign an interlocal cooperation agreement with Salt Lake County to administer services for the 2013 municipal election with the understanding that the agreement could be amended if the Council chose to pursue a vote-by-mail only method for the 2013 municipal election. The motion was seconded by Councilmember Garrott . 7 :49:32 PM Ms . Mansell offered clarification regarding the vote-by- mail process . She said by federal law, several voting centers would be open on Election Day for anyone who chose not to vote by mail . She said voting centers were also available in case a voter lost their ballot or did not receive one in the mail . Councilmember Penfold asked if that included the Primary Election. Ms . Mansell said yes . Ms . Gust-Jenson said separate registration was not required in order for a person to receive a mailed ballot. Ms . Mansell said every registered voter would receive a ballot. 7:50:19 PM Discussion on the proposal included potential to confuse/disenfranchise voters, timeframe to hold a public hearing and make a decision, receive input from stakeholders, election experts and potential candidates, research/statistics were needed on potential impacts on voter turnout, further discussions/debates/hearings needed and waiting until the next election cycle to alter the process . Councilmember Love called for a roll call vote on the substitute motion, which motion failed. Council Members Christensen, Penfold, Garrott, Luke and Love voted nay. Council Members LaMalfa and Simonsen voted aye . 7 :58:37 PM Councilmember Love called for a roll call vote on the original motion, which motion carried. Council Members Christensen, Penfold, Garrott, Luke and Love voted aye and Council Members LaMalfa and Simonsen voted nay. 13 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2 , 2013 7 :58:58 PM Councilmember Simonsen asked if a public hearing would be scheduled for April 23, 2013 . Councilmember LaMalfa said no, but the Council would pursue this issue before the end of the year. (C 13-155) CONSENT 7:5 9:15 PM Councilmember Love said the April 23, 2013 formal meeting would start at 6 : 00 p.m. due to the number of public hearings scheduled. Councilmember LaMalfa moved and Councilmember Penfold seconded to remove Items H-1 , H-2 and H-3 from the Consent Agenda and identify that hearing times for those items would be 6: 00 p.m. He further moved that Item H-4 be entirely removed and the approval of John McCarthy' s appointment be pull from Item H-5. He further moved that the Council approve remaining Items G-5 thru G-7, which motion carried, all members voted aye . 8:00:37 PM Councilmember Penfold asked for clarification on the approval of Items H-1, H-2 and H-3 which were removed from the agenda. Ms . Gust-Jenson said the City Attorney thought to be clear, a separate motion needed to be made. Discussion was held about scheduling/notification issues relating to the earlier start time . Councilmember Garrott said he was concerned about notifying the public about the time change and asked staff to contact everyone who had previously been contacted regarding specific hearings/issues . 8:04:12 PM Councilmember Penfold moved and Councilmember Simonsen seconded to set the hearing date/time for Items H-1, H-2 and H-3 for April 23 , 2013 at 6:00 p.m. , which motion carried, all members voted aye . #1 . RE: Setting the date of Tuesday, April 23 , 2013 at 6: 00 p.m. to accept public comment and consider 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 . View Attachments 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 13 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2, 2013 rezoning the property to another zoning district with similar characteristics. Petitioner: Epic Brewing LLC. (P 13-6) #2 . RE: Setting the date of Tuesday, April 23, 2013 at 6 : 00 p.m. to accept public comment and consider adopting an ordinance that would amend the Sugar House Future Land Use Map for the property located at approximately 2018 East 2100 South Street from Institutional and Public Lands to Very Low Density Residential pursuant to Petition No . PLNPCM2012-00546 . View Attachments No changes are proposed to the existing use of the site. The property is currently zoned Single- family Residential R-1/12, 000. Amending the Master Plan would be consistent with the residential zoning classification . Petitioner: Salt Lake City Council . (P 13-7) #3 . RE: Setting the date of Tuesday, April 23, 2013 at 6 : 00 p.m. to accept public comment and consider adopting an ordinance amending certain provisions of Chapter 21A. 36, Salt Lake City Code, pursuant to Petition No. PLNPCM2010-00614 to establish certain recycling and construction waste management requirements in furtherance of the City' s sustainability efforts . View Attachments (0 12-13) #4 . RE: (TENTATIVE) Setting the date of Tuesday, April 23, 2013 at 7 : 00 p.m. to accept public comment and consider adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County (County Clerk Election' s Division) regarding the County providing election assistance services to the City. (C 12-155) Note: Item was removed. #5 . RE: Approving the appointments of Steven Cornell and John McCarthy to the City and County Building Conservancy and Use Committee for terms extending through July 24, 2017 . (I 13-9) Note: John McCarthy' s name was removed pending interview. #6 . RE: Approving the appointment of Jim Braden to the Golf Enterprise Fund Advisory Board for a term extending through July 17, 2017 . (I 13-10) 13 - 11 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 2 , 2013 #7 . RE: Approving the appointment of A. Grace Acosta to the Human Rights Commission for a term extending through December 26, 2016 . (I 13-11) The meeting adjourned at 8 : 04 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. This document along with the digital recording constitute the official minutes of the Salt Lake City Council Regular Session meeting held April 2, 2013 . sc 13 - 12