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08/21/2012 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 21, 2012 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, August 21, 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 Charlie Luke Kyle LaMalfa Jill Remington Love Luke Garrott Soren Simonsen The following Councilmember was absent: Stan Penfold Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; David Everitt, Mayor' s Chief of Staff; and Beverly Jones, Deputy City Recorder; were present. Councilmember Simonsen presided at and Councilmember Luke conducted the meeting. OPENING CEREMONY #1 . 7 : 04 : 19 PM The Council led the Pledge of Allegiance. PUBLIC HEARINGS #1 . RE: 7 :27 : 10 PM Accept public comment and consider adopting an ordinance amending Chapter 18 . 64 (Demolition) and Chapter 18 . 97 (Mitigation of Residential Housing Loss) , Salt Lake City Code, to modify the process and requirements for demolition of buildings and structures. The purpose of this ordinance is to provide for timely completion of demolition and improvement of property thereafter to ensure demolition is not detrimental to the use and enjoyment of surrounding property, to avoid demolition by neglect and to encourage preservation of the City's housing stock. (Petitioner Salt Lake City Council) View Attachments Scott Beck said he supported preservation of historic buildings . He asked the Council to consider alternate ways to create spaces which could expand and define who the community was; Jason Mathis, Downtown Alliance, said he supported historic preservation. He asked the Council to look for ways to spur development; and Vasilias Priskos said he agreed with the previous speakers . He asked that the ordinance have enough flexibility to allow good development to happen in downtown Salt Lake . 12 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 21 , 2012 Councilmember Simonsen moved and Councilmember Garrott seconded to close the public hearing, which motion carried, all members present voted aye . (0 12-3) #2 . RE : 7 : 34 : 02 PM Accept public comment and consider adopting an ordinance authorizing opinion questions to be submitted to the voters of Salt Lake City and establishing related procedures (enacting Chapter 2 . 69, Salt Lake City Code. ) (Petitioner Salt Lake City Council) View Attachments Tom Huckin said he favored grass roots democracy. He asked that this issue be submitted to the voters before the end of the year; Caleb Proulx said he wanted more time to look at the ordinance and contribute some ideas . He said there was no hurry for the process to take place before the November election; and Renae Widdison said she concurred with Mr. Proulx. She asked the City Council to recognize the importance of the new ordinance as a potential organizing tool for citizens . Councilmember LaMalfa moved and Councilmember Garrott seconded to continue the public hearing, which motion carried, all members present voted aye . (0 12-26) #3 . RE : 7 : 42 : 03 PM Accept public comment and consider adopting an appropriation resolution amending the annual action plans for Emergency Solutions Grant program funding for Fiscal Years 2011-12 and 2012-13 and approving an interlocal cooperation agreement between Salt Lake City and the U. S . Department of Housing and Urban Development (HUD) . View Attachments Janice Kimball, Housing Opportunities, Inc. , thanked the Council for their funding recommendation of $20, 000 to provide deposit assistance for homeless veterans; Michelle Flynn, Road Home, said the request for funding was to continue homeless prevention and rapid re- housing money; and Sharon Abegglen, Community Action Program, said they used the emergency solution grant dollars for homeless prevention and for people at-risk for homelessness . Councilmember LaMalfa moved and Councilmember Christensen seconded to continue the public hearing to September 4, 2012, which motion carried, all members present voted aye. (T 12-1) POTENTIAL ACTION ITEMS 12 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 21, 2012 #1 . RE: 7 : 47 : 45 PM (TENTATIVE) Adopting an ordinance repealing Chapter 5 . 50, Salt Lake City Code, pertaining to private clubs; enacting a new Chapter 5 . 51, entitled "Alcohol Establishments and Off Premises Beer Retailers; " amending Chapter 5 . 54, pertaining to restaurants, to include regulations pertaining to alcohol related establishments; and repealing Title 6, Salt Lake City Code, pertaining to alcoholic beverages, to bring Title 6 into conformance with Utah law. View Attachments Councilmember Simonsen moved and Councilmember Love seconded to defer action on Items D-1 and D-2 related to alcohol regulations until September 18 , 2012 , which motion carried, all members present voted aye . (0 12-9) #2 . RE: (TENTATIVE) Adopting an ordinance amending Salt Lake City Code 21A, the City' s zoning code, that would do the following: • Bring City definitions of businesses that serve alcoholic beverages into conformance with Utah laws . • Replace the Alcohol Licensing Districts Map with using the zoning code to guide where businesses that serve alcoholic beverages could locate . • Revise tables of permitted and conditional uses to allow locating businesses that serve alcoholic beverages in zones including some commercial areas where businesses previously could not locate . • Require that businesses which serve alcoholic beverages meet requirements adopted by the City Council in 2009 for social clubs located in Mixed Use and Residential Mixed Use zones . • Continue to follow Utah law regarding spacing from "community facilities" such as schools, parks, and churches and Utah law pertaining to the location of liquor stores . View Attachments (0 12-8) #3 . RE: 7 : 53 : 52 PM (TENTATIVE) Adopting a resolution regarding a philosophy statement on Sustainability. The Council met in January to discuss priority focus areas and requested that staff provide draft Philosophy Statements for review and refinement. 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 12 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 21 , 2012 Councilmember Simonsen moved and Councilmember Garrott seconded to defer action on this item to a future meeting, which motion carried, all members present voted aye. (R 12-10) #4 . 7 : 56 : 19 PM RE: Adopting an ordinance changing the City' s zoning regulations relating to allowing accessory dwelling units in single-family and multi-family zoning districts pursuant to Petition No. PLNPCM2010-00612 . This is proposed to provide a broad mix of housing opportunities in existing neighborhoods that address changing family needs, economic conditions, smaller household sizes, and increase use of existing housing, public infrastructure and transit. This proposal could increase the number of dwelling units in an existing neighborhood. 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 Simonsen moved and Councilmember Garrott seconded to defer Items D-4 and D-5 to the September 18, 2012 meeting, which motion carried, all members present voted aye. (P 11-15) #5. RE: 7 : 57 : 18 PM Adopting an ordinance amending Section 21A. 52 . 030, Special Exceptions to the City' s zoning regulations pursuant to Petition No. PLNPCM2011-00499 . The changes will modify procedures and standards to legalize existing residential dwelling units unrecognized by City records, a process referred to as "unit legalization. " The proposed changes will address existing unit legalization issues, support the existing Salt Lake City Housing Plan, set life safety requirements and help implement the Landlord Tenant Initiative. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker) View Attachments (P 12-4) #6. RE: Adopting an ordinance changing the Central Community Master Plan and the zoning map for properties located at approximately 1015-1035 South 200 West and 1068 Jefferson Street in order to develop a mixed-use project on the properties pursuant to Petition Nos . PLNPCM2011-00658 and PLNPCM2011-00659 : • The future land use map would be changed from Low Medium Density Residential to Medium Residential/Mixed Use . • The properties would be rezoned from Moderate Density Multi- Family Residential (RMF-35) to Residential Mixed Use (R-MU) . 12 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 21, 2012 Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Capitol Center Properties) View Attachments Councilmember Love moved and Councilmember Christensen seconded to adopt Ordinance 60 of 2012 amending the Central Community Master Plan and rezoning properties located at approximately 1015-1035 South 200 West and 1068 Jefferson Street from Moderate Density Multi-Family Residential (RMF-35) to Residential Mixed Use (R-MU) subject to: the Administration and petitioner entering into a development agreement that would: a) limit building heights on the subject properties to 75 feet; b) require compatibility for pedestrian and bicycle access; c) require building to be oriented in a manner that is compatible with the neighborhood; and d) run with the land. Councilmember Christensen said this was an opportunity for the neighborhood to evolve . He said even though some single family residential housing would be removed it was a good transition for the neighborhood. Councilmember Simonsen said he was not in favor of development agreements . He said the Council had requested an analysis on other zones which might accomplish what the Council wanted. John Anderson, Principal Planner, said three zones were considered: the TSA zone, the TC-75 zone and the Sugar House Business District zone . He said the zones were similar in scope and there was not an advantage in using these zones . Councilmember Simonsen said he had an alternate motion . Councilmember Simonsen moved that Council adopt an ordinance amending the Central Community Master Plan and rezoning properties located at approximately 1015-1035 South 200 West and 1068 Jefferson Street from Moderate Density Multi-Family Residential (RMF-35) to Residential Mixed Use (R-MU) . Motion failed due to lack of a second. Councilmember Luke called for the question on the original motion, which motion carried, all members present voted aye . Councilmember Love moved and Councilmember Garrott seconded to further move that the Council formally request that the Administration process an ordinance amendment to remove the maximum height of 125 feet allowed through the condition al use process in the R-MU Zone, which motion carried, all members present voted aye . Councilmember Love moved and Councilmember Simonsen seconded to further move that the Council formally request the Administration 12 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 21, 2012 reevaluate the Residential/Mixed-Use (RMU-35 and RMU-45) zones and process an ordinance amendment that would include more up-to-date, flexible development regulations . The intent would be to use the zoning classifications in areas where density is needed for new development/redevelopment, but building height is an issue, which motion carried, all members present voted aye . (P 12-4) COMMENTS TO THE CITY COUNCIL 8 : 12 : 06 PM Jonathan Dibble, Marjorie Johnson and Jaynie Brown spoke against the alcohol ordinance as proposed; and John Blankevoort spoke in favor of unit legalization . NEW BUSINESS #1 . RE: 8 :22 : 59 PM Adopting a resolution of the City Council of Salt Lake City, Utah approving the execution and delivery of a First Supplement to Trust Indenture and an Amendment to Lease Agreement relating to the Multi-Family Housing Lease Revenue Refunding Bonds (Housing Development Corporation of Salt Lake City Project) , Series 2003 of the Housing Authority of Salt Lake City; and related matters . View Attachments Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Resolution 35 of 2012, which motion carried, all members present voted aye . Councilmember Christensen moved and Councilmember Simonsen seconded to reconsider the prior motion, which motion carried, all members present voted aye . Councilmember Garrott moved and Councilmember Simonsen seconded to suspend the rules and adopt Resolution 35 of 2012 , which motion carried, all members present voted aye . (Q 12-7) CONSENT AGENDA 8:24:31 PM Councilmember Simonsen moved and Councilmember Garrott seconded to approve the Consent Agenda, which motion carried, all members present voted aye . #1 . RE: Setting the date of Tuesday, September 4 , 2012 at 7 : 00 p.m. to accept public comment and consider adopting a resolution regarding a philosophy statement on Parks and Open Space. The Council met in January to discuss priority focus areas and requested that 12 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 21 , 2012 staff provide draft Philosophy Statements for review and refinement. 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 (R 12-13) #2 . RE : Setting the date of Tuesday, September 18, 2012 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance to provide clarity and efficiency relating to the Historic Preservation Overlay zoning regulations pursuant to Petition No. PLNPCM2011-00470 . (The process and criteria for establishing an historic district is currently being addressed through a separate petition. ) This proposal includes the following items : • 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) View Attachments (0 12-10) #3 . RE : Setting the date of Tuesday, September 18, 2012 at 7 : 00 p.m. to accept public comment and consider adopting a resolution regarding the Salt Lake City Historic Preservation Plan pursuant to Petition No . PLNPCM2009-00171 . The Historic Preservation Plan would be the key strategic document to guide preservation activity and inform decisions such as budget priorities, development of incentives, master plan, zoning text and map amendments and site specific development decisions City-wide. (Petitioner Salt Lake City Council) . View Attachments (T 10-3) #4 . RE: Setting the date of Tuesday, September 18, 2012 at 7 : 00 p.m. to accept public comment and consider adopting a proposed ordinance to modify the process and adopt criteria for establishing new Local Historic District and Historic Landmark sites pursuant to Petition No. PLNPCM2011-00723 . The proposed ordinance would: 12 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 21 , 2012 • CLARIFY THE TYPES OF DESIGNATIONS THAT CAN BE APPROVED o LANDMARK SITES o GEOGRAPHIC-BASED HISTORIC DISTRICTS o THEMATIC BASED HISTORIC DISTRICTS • CLARIFY WHO CAN INITIATE A PETITION TO DESIGNATE A NEW LOCAL HISTORIC DISTRICT: o THE MAYOR o A MAJORITY OF CITY COUNCIL MEMBERS o A PROPERTY OWNER WITH SUPPORT FROM A CERTAIN PERCENTAGE OF THE TOTAL NUMBER OF PROPERTY OWNERS WITHIN THE PROPOSED DISTRICT • DEFINE THE STAFF REVIEW PROCESS • OUTLINE HOW TO ASSIST GAUGING THE LEVEL OF PROPERTY • OWNER SUPPORT FOR THE CREATION OF A NEW LOCAL HISTORIC DISTRICT. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker) View Attachments (P 12-13) #5 . RE : Setting the date of Tuesday, September 18 , 2012 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance changing the City' s zoning regulations to create zoning regulations for a Character Conservation Zoning District pursuant to Petition No . PLNPCM2011-00473 . The purpose of a Character Conservation Zoning District is to: • PROTECT DESIRABLE AND UNIQUE PHYSICAL FEATURES AND DESIGN CHARACTERISTICS . • PROMOTE ECONOMIC REVITALIZATION. • ENHANCE THE LIVABILITY OF THE CITY. • REDUCE CONFLICT CAUSED BY INCOMPATIBLE DEVELOPMENT AND PROMOTE COMPATIBLE DEVELOPMENT. • PROVIDE A PLANNING TOOL FOR FUTURE DEVELOPMENTS . • STABILIZE PROPERTY VALUES . • RETAIN AFFORDABLE HOUSING. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker) View Attachments (P 12-14) 12 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 21, 2012 #6 . RE: Approving the appointments of the following people to the Parks, Trails, Natural Lands and Urban Forestry Advisory Board. Membership term expirations will be determined by the board at their first meeting: • JEFF ROSE Term: 8/21/2012 to 12/30/2013 • ERIC MCCULLEY Term: 8/21/2012 to 12/30/2014 • DENNIS FARIS Term: 8/21/2012 to 12/30/2015 • MERIDITH PERKINS Term: 8/21/2012 to 12/30/2015 (I 12-23) The meeting adjourned at 8 : 25 p .m. Council Chair City Recorder This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held August 21, 2012 . bj 12 - 9