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08/09/2011 - Formal Meeting - Minutes (2) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 9, 2011 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, August 9, 2011 at 7 : 00 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Carlton Christensen Van Turner Luke Garrott Jill Remington Love Soren Simonsen JT Martin The following Councilmember was absent: Stan Penfold Cindy Gust-Jenson, Executive Council Director; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff; Edwin Rutan, City Attorney; and Scott Crandall, Deputy City Recorder; were present. Councilmember Love presided at and conducted the meeting. OPENING CEREMONY #1 . 7:16:03 PM The Pledge of Allegiance was led by Scott Christensen representing Scout Troop 549 . #2 . 7:17:49 PM Councilmember Garrott moved and Councilmember Simonsen seconded to approve the minutes for the Salt Lake City Council meeting held July 19, 2011, which motion carried, all members present voted aye . (M 11-3) PUBLIC HEARINGS #1. RE : 7:18:14 PM Accept public comment and consider one or more ordinances adopting and ratifying the rate of tax levy, for all City funds including the Library Fund, greater than the Certified Tax Rate, upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2011-12 . (Included are two one-time, one-year property tax increases that will not be reflected on bills for tax year 2012, and a separate proposal to enact a property tax increase to fund the construction of the new Marmalade Library Branch. ) (Items Dl thru D4) View Attachments Councilmember Simonsen moved and Turner seconded to close the public hearing, which motion carried, all members present voted aye . Councilmember Christensen moved and Turner seconded to adopt Ordinances 47, 48, 49 and 50 of 2011, establishing the final rate of tax 11 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 9, 2011 levy upon all real and personal property within Salt Lake City for Fiscal Year 2011-2012 , with the following rates : . 003451 for General Fund operations, . 000817 for general Library Fund operations, including construction of a new Marmalade Branch Library, . 001124 for repayment of General Obligation Bonds previously approved by voters, . 000040 for the City' s General Fund' s Judgment Levy and . 000007 for the Library' s Judgment Levy, and further moved to adopt ordinances ratifying the budgets for all City funds including the Library Fund. Councilmember Martin asked if the "general Library Fund operations, including construction of a new Marmalade Branch Library" item could be excluded from the motion so it could be voted on separately. Councilmember Christensen said he would amend the motion to exclude that item. He asked if Councilmember Martin was in favor of the Library' s judgment levy ( . 000007) . Councilmember Martin said yes . Amended Motion: Councilmember Christensen moved and Councilmember Turner seconded to adopt Ordinances 47, 48, 49 and 50 of 2011, establishing the final rate of tax levy upon all real and personal property within Salt Lake City for Fiscal Year 2011-2012 , with the following rates : . 003451 for General Fund operations, . 001124 for repayment of General Obligation Bonds previously approved by voters, . 000040 for the City' s General Fund' s Judgment Levy and . 000007 for the Library' s Judgment Levy, and exclude . 000817 for general Library Fund operations, including construction of a new Marmalade Branch Library to be considered separately. He further moved to adopt ordinances ratifying the budgets for all City funds including the Library Fund, which motion carried, all members present voted aye . Councilmember Christensen moved and Councilmember Simonsen seconded to adopt the tax levy of . 000817 for general Library Fund operations, including construction of a new Marmalade Branch Library and reaffirm the adoption of ordinances ratifying the budgets for all City funds including the Library Fund, which motion carried, all members present voted aye, except Councilmember Martin, who voted nay. (H 11-3) #2 . RE: 7 :23:42 PM Accept public comment and consider adopting an ordinance amending the City' s zoning regulations to remove the maximum 5-foot rear yard setback requirement for accessory structures in residential zoning districts, Salt Lake City Code, Title 21A Zoning, Section 21A. 40 . 050 .A - Location Of Accessory Buildings in Required Yards - (Currently `accessory structures' like garages, gazebos and covered patios must be placed within 5 feet of the rear property line . The ordinance change would allow these structures to be placed in other areas of the lots . For example, a gazebo or covered patio could be placed in the center of a backyard under the new ordinance . ) Related 11 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 9, 2011 provisions of Title 21A - Zoning, may also be amended as part of this petition. (Petitioner - Mayor Ralph Becker, Petition PLNPCM2010-000782) View Attachments Councilmember Love asked Frank Gray, Community and Economic Development Director, to meet with a gentleman from the audience to address his concerns about the proposal . Councilmember Simonsen moved and Councilmember Martin seconded to close the public hearing, which motion carried, all members present voted aye . Councilmember Simonsen moved and Councilmember Garrott seconded to suspend the rules and adopt Ordinance 51 of 2011 , removing the rear yard setback requirements for accessory structures in residential zoning districts, which motion carried, all members present voted aye . (0 11-17) POTENTIAL ACTION ITEMS 7 :24 :58 PM #1 . RE: Adopting Ordinance 47 of 2011 adopting the final rate of tax levy to be credited to the Library Fund for Fiscal Year 2011-2012 . View Attachments (B 11-2) #2 . RE: Adopting Ordinance 48 of 2011 adopting the final 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 2011-2012 . View Attachments (B 11-1) #3 . RE: Adopting Ordinance 49 of 2011 adopting the final budget for the Library Fund of Salt Lake City, Utah for Fiscal Year 2011-2012 . View Attachments (B 11-2) #4 . RE: Adopting Ordinance 50 of 2011 adopting the final 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 2011-2012 . View Attachments (B 11-1) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7 :25:07 PM 7 :25:16 PM Councilmember Turner thanked the Mayor for attending the "Night Out Against Crime" party. 11 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 9, 2011 7:26:10 PM Councilmember Simonsen thanked the Mayor and Council for supporting the Sugar House fireworks event in July. COMMENTS TO THE CITY COUNCIL 7:27:17 PM 7 :27 :51 PM John Allen Shaw expressed concerns about the development of a new office tower and other publicly funded private development projects . 7 :29:21 PM Marlin Baer expressed concerns about how recent changes to ground transportation regulations had impacted limousine services . 7:31:53 PM James Greer expressed concerns about how changes to 1500 East created a hardship on local residents . UNFINISHED BUSINESS #1 . 7:34:46 PM Adopting a resolution (a) authorizing the issuance and sale of not more than $5,500 ,000 aggregate principal amount of Facility Revenue Bonds, Series 2011 (Cookietree, Inc. Project) to finance the costs of the acquisition, construction and improvement of facilities for Cookietree, Inc. ; (b) providing for the holding of a public hearing to accept public comment on the issuance of such bonds and the location and nature of the project; (c) providing for the publication of a Notice of Bonds to be Issued and a Notice of Public Hearing; (d) providing for the running of a contest period; and (e) providing for related matters . View Attachments Councilmember Christensen moved and Councilmember Garrott seconded to adopt Resolution 28 of 2011 and set the public hearing date of September 6, 2011 at 7 : 00 p.m. , which motion carried, all members present voted aye . (Q 11-4) CONSENT AGENDA 7:35:18 PM Councilmember Simonsen moved and Councilmember Garrott seconded to adopt the Consent Agenda, which motion carried, all members present voted aye . #1 . Setting the date of Tuesday, August 23, 2011 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance to rezone property located at 2705 East Parleys Way from Community Business (CR) to Community Shopping (CS) and change the East Bench Community Master Plan Future Land Use Map to be consistent with the proposed rezoning. This action would facilitate demolition of the existing structure on the property (a former Kmart store) and construction of a new Walmart 11 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 9, 2011 Supercenter. Related provisions of Title 21A - Zoning may also be amended as part of this petition. Petitioner - Ballard Spahr LLP representing Walmart Stores, Inc. (Petitions PLNPCM2010-00556 and PLNPCM2010-00557) View Attachments (P 11-8) #2 . Confirming the date of Tuesday, August 23, 2011 at 7 : 00 p.m. to accept public comment and consider adopting a request to rezone property located between 519 and 575 North 300 West from Residential Mixed Use (R-MU) to Commercial Business (CR) . This action would allow office uses and a coffee shop with a drive-thru window to be located in the existing building. These uses are not permitted in the Residential Mixed Use zoning district. Related provisions of Title 21A - Zoning, may also be amended as part of this petition . (Petitioner - Howa Capital, LLC, Petition PLNPCM2011-000096) (Marmalade West) View Attachments (P 11-9) #3. Adopting Resolution 29 of 2011 authorizing Salt Lake City to apply for a Grant Award from the Utah Quality Growth Commission LeRay McAllister Critical Lands Conservation Fund 2011 . This resolution supports the application for the City to receive LeRay McAllister Critical Lands Conservation Funds for the purpose of designing the Wasatch Hollow Open Space Restoration Program. The Parks and Public Lands Program is seeking a grant from the LeRay McAllister Critical Lands Conservation Fund to leverage an equal amount of City Funding needed to design construction documents for riparian restoration work within the Wasatch Hollow Open Space area. View Attachments (R 11-10) #4 . moving e re o S eph ie´┐Że en to . Trust Fund Advisory Board for a tcrm cxtcnding through Dcccmbcr 30, 2012 . (I 11-5) Item was pulled. #5 . Approving thc appointment of Casey O'Brien McDonough to thc Business Advisory Board for a tcrm cxtcnding through Dcccmbcr 29, 2014 . (I 11-13) Item was pulled. #6 . Approving the reappointment of Polly Hart to the Historic Landmark Commission for a term extending through July 14, 2014 . (I 11-8) 11 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 9, 2011 #7 . Approving the reappointment of Earle Bevins III to the Historic Landmark Commission for a term extending through July 14, 2014 . (I 11-8) The meeting adjourned at 7 : 35 p.m. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held August 9, 2011 . sc 11 - 6