04/26/2011 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 26, 2011
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, April 26, 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
Luke Garrott Soren Simonsen J T Martin
Jill Remington Love
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; Karen Hale, Mayor' s Communications Director; Bianca Shreeve,
Mayor' s Assistant 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 : 17 : 15 PM The Council led the Pledge of Allegiance.
#2 . 7 : 17 : 43 PM Councilmember Christensen moved and Councilmember
Turner seconded to approve the Salt Lake City Council minutes for
April 5, 2011 and April 12, 2011, which motion carried, all members
voted aye except Council Members Simonsen and Garrott who were absent
for the vote . View Attachment
(M 11-3)
POTENTIAL ACTION ITEMS
#1 . RE : 7 : 18 : 13 PM Adopting an ordinance relating to the proposed
Public Safety Building, amending the text of Section 21A. 32 . 140, Salt
Lake City Code, pertaining to communication towers in the Public Lands
zoning districts pursuant to Petition No. PLNPCM2009-01424 . Related
provisions of Title 21A, Zoning, may also be amended as part of this
petition.
Councilmember Love moved and Councilmember Penfold seconded to
adopt Ordinance 18 of 2011 amending the text of Salt Lake City Zoning
Ordinance to allow for communication towers exceeding maximum building
height in the PL-2 zoning district only with certain qualifying
provisions .
Councilmember Christensen said he felt the Council would
reconsider expansion of the zone in the future. Councilmember Love
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TUESDAY, APRIL 26, 2011
said the size of these towers could be intrusive and she was fine if
it needed to come back to the Council .
Councilmember Martin called for the question, which motion
carried, all members voted aye except Councilmember Simonsen who was
absent for the vote.
(0 11-4)
#2 . 7 :20 : 19 PM RE : Adopting an ordinance to update and provide
clarity to the City' s zoning regulations . Related provisions of Title
21A - Zoning, may also be amended as part of this petition. The
proposed changes include : View Attachments
• Allowing an accessory structure in the side yard behind the
primary structure;
• Removing the proper names "Delta Center" and "Franklin Quest
Baseball Stadium" from the sign regulations and adding the
terms "sports stadium, " "ballpark" and the address of the
facilities;
• Clarifying the definition of a Fraternity and Sorority to
read "a building which is occupied only by a group of
university or college students who receive lodging and/or
meals on the premises in exchange for compensation, and are
associated together in a fraternity/sorority that is
officially recognized by the university or college, and that
has a national affiliation; "
• Providing a definition for a pitched roof; and
• Removing the outdated summary of yard area and size
requirements for the zoning districts .
Petition No. PLNPCM2010-00064 - Mayor Ralph Becker (Zoning Code
Maintenance . )
Councilmember Penfold moved and Councilmember Garrott seconded to
adopt Ordinance 19 of 2011, which motion carried, all members voted
aye .
(P 11-4)
#3. RE: 7 : 35 : 16 PM Adopting an ordinance regarding proposed
changes to the City' s zoning regulations relating to greenhouses, cold
frames and hoop houses for gardening and small solar and wind energy
systems (e .g. solar panels and wind turbines) pursuant to Petition No.
PLNPCM2010-01338 . Related provisions of Title 21A, Zoning, may also be
amended as part of this petition. Petitioner - Mayor Ralph Becker,
(Sustainable City Code Initiative) . View Attachments
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 26, 2011
Councilmember Simonsen moved and Councilmember Penfold seconded
to adopt Ordinance 20 of 2011 changing the City' s zoning regulations
relating to greenhouses, cold frames and hoop houses for small solar
and wind energy systems except small wind energy systems would not be
permitted in the Open Space and Natural Open Space zoning districts;
and further move that the Council adjust the proposed regulations to
allow cold frames and hoop houses in the front yard if they are under
24-inches ; and further move that the Council adopt an intent that the
Administration continue to review and refine the proposal for wind
energy systems with input from the Council .
Councilmember Martin said he felt from discussions with Community
Councils and constituents in his district that people were
uncomfortable with wind generated electrical devices in backyards . He
said he did not support the wind generating section of the ordinance .
Councilmember Martin called for the question, which motion
carried, all members voted aye except Councilmember Martin who voted
nay.
(0 11-5)
#4 . RE: 7 : 39 :24 PM Adopting an ordinance regarding proposed
changes to the City' s zoning regulations relating to urban farms ,
community gardens, seasonal farm stands and large renewable energy
generation equipment (e .g. solar arrays and large wind turbines or
windmills) pursuant to Petition No. PLNPCM2010-01337 . Related
provisions of Title 21A, Zoning, may also be amended as part of this
petition. Petitioner - Mayor Ralph Becker, (Sustainable City Code
Initiative) . View Attachments
Councilmember Garrott moved and Councilmember Simonsen seconded
to adopt an ordinance changing the City' s zoning regulations relating
to urban farms, community gardens, seasonal farm stands and large
renewable energy generation equipment except wind turbines or
windmills would not be permitted in the Open Space zoning district;
and further move that the Council revise the definition of a
"Community Garden" to read: "Community Garden" means an area of land
where people come together to garden. Limited sales and events may
also occur on the site" ; and further move that the Council revise the
hours of operation for a "Community Garden" to conform with City Code,
Chapter 9 . 28 , Noise Control, and other applicable County Health
Department regulations . I further move that the Council revise the
proposed regulations to allow samples of fresh produce at Urban Farms,
Community Gardens and Seasonal Farm Stands; and further move that the
Council reaffirm that there will be no expansion of community gardens
or new community gardens along the Jordan River Corridor until the
Jordan River Corridor study is completed; and further move that the
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Council express a Legislative Intent that the Administration address
demolitions in a broader context; and further move that the Council
revise requirements for community gardens relating to signage and to
allow sales, stands and exhibits in the public right-of-way for a
Community Garden abutting the garden in the public right-of-way
abutting the garden. Councilmember Garrott said owners and producers
associated with Community Gardens may conduct educational or
promotional events and sell locally grown products and goods generally
associated with the Community Garden on site provided the following
requirements were met: retain Section A, Section B would change to
"signs are allowed as temporary portable signs subject to the
regulations in Chapter 21A. 46. 55 of the ordinance. Signs must be
removed immediately following the sale or the event" ; Section C would
remain intact; Section D would change as it currently reads "sales,
stands and exhibits are not allowed within the public right-of-way"
and add "except in the area abutting the Community Garden" and Section
E and F would remain intact.
Rick Graham, Public Services Director, clarified a statement he
had made relative to the process of reviewing a request to create a
community garden in the Fairmont Park tennis court area. He said that
process included a review with the Sugar House Community Council and
that was incorrect . He said neither the department nor the
Administration had made a presentation or received the Community
Council' s endorsement .
Councilmember Simonsen said he had additional points of
consideration. He asked if Councilmember Garrott would consider them
as a friendly amendment to the motion. He said he wanted to include
legislative intent to deal with wind systems and to reaffirm the
direction the Administration was currently taking to move forward with
a community garden demonstration project at Fairmont Park.
Councilmember Garrott said a sign should not have to be taken
down every day of a sale . Councilmember Love asked if they would have
to conform to the sign ordinance . Frank Gray, Community and Economic
Development Director, said any use of the public right-of-way required
a public right-of-way permit . He said signs needed to be placed where
they would not be a tripping hazard. He said a small fee was required.
Councilmember Love asked if a sign inside a garden had to conform to
the sign ordinance . Joel Paterson, Planning Manager, said Section
21A. 46 . 055 of the ordinance dealt with temporary portable signs . He
said small A-frame signs were regulated under these provisions .
Councilmember Love asked if the motion only allowed sandwich signs .
Mr. Paterson said that was correct .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
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Councilmember Garrott asked if a permit was needed to hold a
sale . Mr. Gray said a temporary sale required a business license . He
said a permit would also be needed to place signs in the public way.
Edwin Rutan, City Attorney, said the motion included Subparagraph C
which stated all required City business licenses shall be obtained
prior to the sale or event. He suggested the phrase "and permits" be
added after licenses .
Councilmember Love said she did not want to vote against six
issues because she disagreed with one principle . She said the sign
was a sandwich board and was easy to fold up and put back out the next
day. She said to take out the portion where the sign had to be
removed at the end of the day would make her uncomfortable. She said
they needed to be consistent with the sign ordinance. Councilmember
Garrott asked about banners . Mr. Paterson said he did not know how
banner regulations related to community gardens . Councilmember
Garrott said he accepted the motion to add "and permits" . He said he
wanted to remove the part of the motion which dealt with signage and
use of public right-of-way.
Councilmember Martin said there was a motion on the table. He
asked if the Council wanted to postpone the issue until next week.
Councilmember Love said Councilmember Garrott needed to walk through
the motions again. She asked if one motion was sufficient.
Councilmember Christensen said a neighborhood would be uneasy if they
had something approved without community input. He said he felt
another week would be helpful . Councilmember Love asked if there was
a way to pull the section on community gardens and open spaces .
Councilmember Simonsen said that section had been through a public
process . Councilmember Love said some Council Members wanted that
section looked at further as other open space zones were considered.
Councilmember Christensen said in many cases community gardens worked
in open space areas but a neighborhood process was needed.
Councilmember Garrott said he wanted to remove Section D which
related to sales, stands and exhibits not allowed within the public
right-of-way. He said this would just address community gardens .
Councilmember Love said an ordinance changing the City' s zoning
regulations relating to urban farms, community gardens, seasonal farm
stands and large renewal energy generation equipment except wind
turbines or windmills and community gardens would not be permitted in
open space zoning districts until further review of the open space
zone .
Councilmember Martin asked for a straw poll on whether Council
Members wanted to take a week and work through the issues . Council
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Members Christensen, Turner, Penfold and Garrott wanted to wait one
week.
Ms . Gust-Jenson said the overall issue and the motion would be
tabled. She said staff would check with Council Members to make sure
the motion was clear. Councilmember Love said the issue was taking
existing open space, developed or natural, and converting it into a
community garden without public process to determine if that was the
appropriate use of open space . She said many concerns could be
addressed if a process was developed where the community could
petition or appeal an Administrative decision. Ms . Gust-Jenson said a
lot of open space in the City was City owned and that added one more
element of control .
Councilmember Simonsen said a process was in place when dealing
with City owned property. He said the specific challenge with Fairmont
Park was to expedite a process which might otherwise take six months
or longer. He said it would be unfortunate if the Council deliberated
this at length and created a problem where the growing season was
missed. He said he was willing to take those risks in order to allow
this to move forward in a timely fashion. He requested that latitude
be given to the Administration to continue moving forward in an
expedited manner.
Councilmember Simonsen said a Legislative Intent Statement could
be added to the motion which specifically addressed Fairmont Park. He
said there were still unresolved issues but he wanted to reaffirm to
the Administration that they could continue to expedite the process .
Ms . Gust-Jenson said if Council expressed support for a temporary
sustainability test project, staff needed feedback on whether it was
acceptable to do this on a test basis in one location.
Councilmember Penfold moved and Councilmember Love seconded to
table the standing motion until next week.
Councilmember Penfold said his intent was to have staff clarify
and make sure the Council was on the same page with modifications to
the motion. He said he wanted to follow-up with some Intent that said
they wanted to use Fairmont Park as a test site .
Councilmember Martin called for the question, which motion
carried, all members voted aye .
Councilmember Penfold moved and Councilmember Simonsen seconded
to send a message to the Administration through intent that they
wanted to explore the options of using Fairmont Park tennis courts as
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 26, 2011
a test site for sustainability in a community garden, which motion
carried, all members voted aye .
Councilmember Penfold moved and Councilmember Simonsen seconded
to send the Administration to the open space process a directive to
address community gardens as they addressed types of open space
throughout the City, which motion carried, all members voted aye .
(0 11-6)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7 :22 : 38 PM
Councilmember Christensen said "Celebrate the City" would be held
at Liberty Park. Karen Hale said May 14th at 2 : 00 p .m. would begin the
third annual "Celebrate the City" event . She said it would begin with
a parade recognizing first responders to the June and December oil
spills . She said the parade would be along the east road of Liberty
Park and Liberty Lake where they would have the official reopening of
Liberty Lake .
COMMENTS TO THE CITY COUNCIL 7 :25 : 58 PM
John Erlacher, Glendale Middle School; James Martin, Principal of
Mountain View Elementary; Jeremy King, Glendale Library Steering
Committee; Randy Sorensen, Glendale Community Council Chair; and Jay
Ingleby spoke in support of the new proposed Glendale Library.
The meeting adjourned at 8 : 15 p .m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
April 26, 2011 .
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