Loading...
12/13/2005 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 13 , 2005 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 13, 2005 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 Jill Remington Love Eric Jergensen Dave Buhler Nancy Saxton Dale Lambert Cindy Gust-Jenson, Executive Council Director; Mayor Ross C. "Rocky" Anderson; Edwin Rutan, City Attorney; and Beverly Jones, Deputy City Recorder, were present. Councilmember Lambert presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting a resolution scheduling public hearings regarding a modified Impact Fee Capital Facilities Plan and an ordinance modifying the City' s Impact Fees. View Attachment Councilmember Buhler moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 73 of 2005 with the date of January 17, 2006 for a public hearing, which motion carried, all members voted aye. (B 05-1) #2. RE: Accept public comment and consider adopting an ordinance rezoning property generally located at 1435 South 1100 East from Single Family Residential (R-1-5000) to Residential Business (RB) pursuant to Petition No. 400-05-36. (Chabad Lubavitch) View Attachment Dennis Guy-Sell said East Central Community Council supported the rezoning. Councilmember Jergensen moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Love moved and Councilmember Turner seconded to adopt Ordinance 88 of 2005 recommended by the Planning Commission to rezone properties located at 1435 South 1100 East from Single Family Residential (R-1-5000) to Residential Business (RB) and clarify that the rezoning would apply to both 1433 and 1435 South once the Planning Commission has approved the subdivision of the properties and was fully processed and the filings recorded with the County, which motion carried, all members voted aye. (P 05-23) #3. RE: Accept public comment and consider adopting an ordinance amending the Sugar House Community Zoning Map and Master Plan, rezoning properties generally located in the Sugar House area, and making other amendments to the Salt Lake City Zoning Code pursuant to Petition No. 400-01-32 and 400-02-08. View Attachment The following people submitted cards or spoke in favor of the petition: Lynne Olson; Nancy Stark; Craig Mecham; Marc McDonald; Jack Hammond; Jim Johnson; Mark Holland; 05 - 179 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 13 , 2005 John Richards; Jerrold Green; Barbara Green; Andrew Scrivner; Kirk Huffaker; Dennis Glass and Al Dieffenbach. The following people spoke in opposition of the petition: Judi Short; Derek Payne; and Soren Simonsen. Councilmember Saxton moved and Councilmember Jergensen seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Lambert asked Lex Traughber, Preservation and Urban Design Planner, and Cheri Coffey, Deputy Director/Zoning Administration /Preservation and Urban Design/Housing and Zoning Enforcement, about issues raised by Ms. Olsen. Mr. Traughber said Ms. Olsen was concerned shadowing would occur with taller buildings over Hidden Hollow and Ballet West. He said the Business District Design Guidelines handbook specifically addressed development in terms of any shadowing affect that might occur. Mr. Traughber said the property was owned by the Redevelopment Agency (RDA) . He said the RDA preferred that the property remain zoned Sugarhouse Business District 1 to give flexibility for potential development. Councilmember Jergensen said Mr. Huffaker was concerned about the historic nature of some areas. Mr. Traughber said the Old Post Office and the Library were landmark sites. Ms. Coffey said a survey was performed to identify contributing structures. She said historic status had been given to less than ten sites in the business district. Councilmember Christensen asked if Design Guidelines were codified in the ordinance. Mr. Traughber said they were adopted as part of the master plan but the Planning Commission had proposed putting the guidelines in the ordinance. Councilmember Christensen asked if that would deal with setbacks. Mr. Traughber said that was correct. Ms. Coffey said everything in the Sugar House Business District zone would go through the conditional building site design review process. She said designs needed to meet master plan guidelines and criteria. Councilmember Lambert moved and Councilmember Buhler seconded to adopt Ordinance 89 of 2005 amending the zoning regulations relating to the Sugar House Business District, amending the Sugar House Master Plan and rezoning properties in the Sugar House Business District as provided in the ordinance; and further move that the Council adopt a Legislative Action requesting to rezone the properties east of the Irving School property on the east side of 1200 East from the current Residential Multi-Family (RMF-45) zoning to classification of CSHBD2. Councilmember Lambert said the proposed ordinance had been before the Council for approximately years. He said it was important to move the ordinance forward. He said the Sugar House Community Council and the Stakeholders Committee were not entirely satisfied with the proposed ordinance but a compromise had been made. He said the Sugar House Community Council supported the plan. He said he did not want to make changes to an accepted plan. Councilmember Lambert said there were concerns about a parcel of land in back of 2100 South and 1100 East. He said in the proposal it was agreed that east of 1100 East be SH- 1. He said the land on 2100 South west of the bank property down to McClelland was zoned SH-1 under the proposal. He said at the Planning Commission's recommendation that property was zoned SH-2. He said he agreed with the Commission's recommendation because that property abutted low density, single family housing and a transition was needed. He said larger height was available to property owners on 2100 South but the Planning Commission unanimously endorsed the concept of protecting those areas on Hollywood and McClelland. 05 - 180 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 13 , 2005 He said he wanted to move forward with the proposal. Councilmember Buhler said he supported Councilmember Lambert and the whole Sugar House community. He said this was a vibrant part of the City. He said this was a difficult issue and fair compromises had been made. He said he would support the motion. Councilmember Love said Sugar House was what they wanted downtown to be. She said it was thriving, people were living there and it was pedestrian friendly. Councilmember Saxton called for the question, which motion carried, all members voted aye. (P 03-12) #4. RE: Accept public comment and consider adopting a resolution relating to Housing Policy Statements. View Attachment The following people spoke in support of the Housing Policy: Rosemary Kappes and Kirk Huffaker. The following people spoke in opposition of the Housing Policy as written: Tara Rollins; Claudia O'Grady; Judi Short; Tim Funk; Gregory Hughes and Liz McCoy. Councilmember Jergensen moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Jergensen moved and Councilmember Love seconded to defer action until the second meeting in January. Councilmember Jergensen said he felt the proposed housing policy was a good start. He said the policy had been sent out twice with revisions. He said additional time was needed to incorporate small revisions into the document. Councilmember Love said they had mailed notices out to many groups but this was the first time they had actually received comment. She said it would be helpful to have more time to consider the recommendations. Councilmember Saxton said she appreciated the motion. She said the community had changed in the last ten years. She said Salt Lake City had a huge commitment to affordable and subsidized housing. She said she appreciated comments about trying to preserve single family dwellings. She said the City's housing stock has been in deplorable condition for 40 years. She said they had to express a commitment to single family dwellings and put some money towards preserving them. She said the City had not been successful infiltrating different kinds of housing in all parts of the City. She said the current demolition ordinance was not adequate. Councilmember Lambert said he wanted to adopt a housing policy and had pushed to meet that goal. He said housing had always been the Council' s priority. He said the proposed Housing Policy was a step forward. He said he wanted to see some changes but he encouraged the Council to adopt the policy. Councilmember Lambert said there needed to be regular policy reviews. He said a new housing policy was needed because the current one was old and circumstances had changed. He said the revision process could be accomplished through amendments and changes. Councilmember Lambert called for the question, which motion carried, all members voted 05 - 181 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 13 , 2005 aye. (R 05-18) COMMENTS TO THE CITY COUNCIL Cindy Cromer paid tribute to Councilmember Lambert. The following people spoke or submitted a card on compatible residential infill zoning regulations: Bryan Kohler; Rex Sears; David Gibson; Mark Cook; Clint Johnson; Dennis Guy-Sell; Katherine Kivett; Nicole Semerad and Nathan Semerad. UNFINISHED BUSINESS #1. RE: Adopting a resolution conditionally accepting bids for purchasing of material and construction work and, subject to approval of the City Engineer and/or the City Purchasing Department, authorizing execution of a construction contract with the apparent responsive bidder for construction of improvements of Salt Lake City, Utah Sidewalk Replacement Special Improvement District No. 2004/2005 FY Job No. 102119; providing for construction of improvements consisting of installation of concrete sidewalks, driveway aprons, curb, gutter and asphalt tie-ins, appurtenances and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner; authorizing the issuance of interim warrants and for addition of the interest thereon to assessable costs and related matters. View Attachment Councilmember Buhler moved and Councilmember Turner seconded to adopt Resolution 71 of 2005, which motion carried, all members voted aye. (Q 05-9) #2. RE: Adopting a resolution to create the Salt Lake City, Utah Sidewalk Replacement Special Improvement District No. 2004/2005 FY Job No. 102119, generally as described in the Notice of Intention concerning the District; authorizing City officials to proceed with the construction of improvements as set forth in the Notice of Intention; and related matters. View Attachment Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 70 of 2005. Councilmember Buhler said the protest hearing was held a few weeks ago. He said the community was in favor of the Special Improvement District. Councilmember Lambert called for the question, which motion carried, all members voted aye. (Q 05-9) #3. RE: Adopting a resolution conditionally accepting bids for purchasing of materials and construction work and, subject to approval of the City Engineer and/or the City Purchasing Department, authorizing execution of a construction contract with the apparent responsive bidder for construction of improvements of Salt Lake City, Utah 900 South, 900 East Streetscape Upgrade Special Improvement District No. 106018; providing for construction of improvements consisting of the reconstruction of roadway pavement, and construction and installation of concrete angle parking, concrete curbs, sidewalks, driveway approaches, median islands, sidewalk ramps, storm drainage facilities, site furnishing, street lighting, traffic signals, landscaping and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner; authorizing the issuance of interim warrants and for the addition of the interest thereon to assessable costs and related matters. View Attachment 05 - 182 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 13 , 2005 Councilmember Saxton moved and Councilmember Love seconded to adopt Resolution 72 of 2005, which motion carried, all members voted aye. (Q 05-2) #4. RE: Adopting an ordinance amending Section 12.56.440, Salt Lake City Code, relating to stopping or parking prohibited in certain areas. (Mailboxes) View Attachment Councilmember Christensen moved and Councilmember Turner seconded to adopt Ordinance 85 of 2005. Councilmember Christensen said this was not a City-wide issue. He said for people impacted by activities from a City facility or a park, it was problematic when their mail was not delivered because cars were parked in front of their mailboxes. Councilmember Saxton said she appreciated the hardship this created in some neighborhoods. She said there were other ways to correct the problem rather than implementing an isolated ordinance. She said she would vote against the motion. Councilmember Lambert called for the question, which motion carried, all members voted aye except Councilmember Saxton who voted nay. (0 05-28) #5. RE: Adopting an ordinance amending Section 12. 64.020, Salt Lake City Code, relating to definitions regarding City Parking Permit Program and enacting Section 12.64.175, Salt Lake City Code, relating to emergency procedures - temporary parking permit area. View Attachment Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 86 of 2005. Councilmember Jergensen said people in the Capital Hills area were concerned about the affects of parking at the Capital during the Legislative Sessions. He said this allowed the process to move forward to protect the neighborhood while Capital construction was being completed. Councilmember Lambert called for the question, which motion carried, all members voted aye. (0 05-30) #6. RE: Adopting an ordinance: a) amending Section 18.20.090, Salt Lake City Code, pertaining to penalties for starting work without a permit and amending Chapter 21A of the Salt Lake City Zoning Code; and b) establishing temporary zoning regulations for certain areas of the City pursuant to Petition No. 400-05-25. View Attachment Councilmember Love moved and Councilmember seconded to adopt Ordinance 90 of 2005 and include the following: a) a definition of development pattern as outlined by the Renovation Design Group, b) definition of block face as outlined by the Planning Division, c) Sketch Plan Review as outlined in the memo from the Renovation Design Group, d) a building height of 28 feet to the crest of the structure or 20 feet for a flat roof, and e) a wall height of 20 feet with the option to increase or decrease height as outlined in the proposed ordinance; and further move that the Council adopt Ordinance 91 of 2005 adopting temporary zoning regulations for six months that applies to the following areas: a) the area north of South Temple and east of the I-15 freeway currently zoned SR-1, and b) the area of 1300 South to 1700 South and 1300 East to 1900 East. 05 - 183 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 13 , 2005 Councilmember Love said Salt Lake City was unique because of neighborhoods with historic homes. She said as a result of the construction boom the character, streetscapes, and charm of some neighborhoods were in jeopardy. She said over the last two years loopholes were discovered in the infill ordinance. She said standards that had once worked no longer worked. She said the result of the process would be positive and everyone would be able to build, expand and renovate. She said people who wanted to go beyond reasonable standards would have to go through a process to make sure the reconstruction was compatible. Councilmember Love said she was confident the new ordinance would encourage families to move into the City. She said they had established reasonable boundaries to better protect the neighborhoods. She said she was sympathetic to East Central because they had unique needs. She said she was confident that in two months Wasatch Hollow and the Avenues would bring a plan to the Council that would fit their neighborhoods. Councilmember Buhler said he supported the motion. He said they were trying to protect the rights of those wanting to expand or rebuild a home and the property rights of their neighbors. He said people wanted to invest and live in Salt Lake City. He said the proposed ordinance did a good job balancing those interests. Councilmember Buhler said the proposed ordinance provided a baseline City-wide and corrected issues which caused problems. He said until the ordinance was passed, a person could build a 40-foot high home anywhere in the City. He said that size home did not fit very many places. He said the new ordinance took 40-feet down to 28-feet City-wide which allowed people to have second stories. Councilmember Buhler said he felt it was appropriate to look at overlays where needed and he supported the temporary overlay. He said the overlay would give the two neighborhoods some time to come up with a plan that would work better. Councilmember Saxton said the Douglas Neighborhood had some unique housing and heights. She said the Council took a straw poll and the vote was 2-5 against including Douglas neighborhood into the special zoning district. She said a way was needed for families to be able to stay in their homes as long as they wanted. She said expansion needed to be allowed but parameters needed to be set. She said she would vote in favor of the motion. Councilmember Christensen said adding on to a home was economical. He said the Council could pursue a way to provide people an affordable way to expand in the Housing Policy. He said the ordinance provided reasonable expectations. He said he did not want to be too limiting and make the ordinance too complicated. He said he supported the motion. He said he wanted to review the ordinance after one year to see if it was working. Councilmember Turner said this was a City-wide issue. He said people were investing in homes. He said a neighborhood could go 20 years with no changes. He said the proposed ordinance addressed some of those changes. He said he felt the ordinance would help Westside neighborhoods keep their charm. He said he wanted to see an investment in his area. He said he would support the motion. Councilmember Lambert said he saw the need to protect neighborhoods but he also saw the need to renovate neighborhoods and homes. He said the City needed room for families to stay in the City and people were demanding larger homes. He said if they wanted a vital City, they had to make adjustments. He said the ordinance did accommodate expansion for large families and allowed for two car garages. 05 - 184 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 13 , 2005 Councilmember Lambert said the real challenge was a City-wide ordinance because there were special needs in certain neighborhoods. He said for those specialized neighborhoods he encouraged them to continue to work with neighbors. He said if something more restrictive was needed then an overlay district could be developed. He said some neighborhoods might need to be less restrictive. Councilmember Lambert said all citizens in every City neighborhood should not have to go through a long process to build a two story home. He said he did not believe it was a City-wide restriction the Council could live with. He said it would be unfair to many people. Councilmember Lambert said the setback requirements were currently 20-feet. He said many neighborhoods even though they could build to 20-feet have built their homes farther back. He said if someone lived in a neighborhood where most of the homes were set back 35 or 40-feet and someone built a major structure to the 20-foot line, it would hurt a neighborhood. He said he would support the motion. Councilmember Lambert called for the question, which motion carried, all members voted aye. Councilmember Jergensen moved and Councilmember Buhler seconded to initiate a Legislative Action requesting that the Administration provide the following as soon as possible: a) establishment of a building volume ratio standard and return that proposed standard to the Council, and b) in order to make the process as user friendly, clear, predictable and flexible as possible, and request that the Council request the Administration to establish objective criteria that provides predictability and a methodical process to further clarify the Administrative and Board of Adjustment hearing criteria. Councilmember Jergensen said he felt the City had taken a step forward. He said they had found a way to effectively and reasonably address the problem. He said he did not know of anyone who would disagree that a home such as the one on 8th Avenue and 650 East was inappropriate. Councilmember Jergensen said families would not come here because they could not remodel and other families were leaving because of the lack of clarity in the ordinance. He said the Council felt they needed to have a set of objective criteria to protect the applicant and the neighborhood. Councilmember Lambert called for the question, which motion carried, all members voted aye. (0 05-16) #7. RE: Adopting amendments to Chapters 5.79, 5.72, and 16. 60 of the Salt Lake City Code, pertaining to ground transportation and specifically making application fees for vehicle driver's licenses uniform. View Attachment Councilmember Buhler moved and Councilmember Love seconded to adopt Ordinance 87 of 2005. Councilmember Buhler said this provided a technical correction to the ordinance that was passed at the last meeting regarding taxicab and ground transportation. Councilmember Lambert called for the question, which motion carried, all members voted aye. (0 05-2) 05 - 185 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 13 , 2005 CONSENT AGENDA Councilmember Jergensen moved and Councilmember Saxton seconded to approve the Consent Agenda, which motion carried, all members voted aye. #1. RE: Approving the appointment of Lee Kapaloski to the Metropolitan Water Board for a term extending through January 4, 2010. (I 05-17) The meeting adjourned at 9:59 p.m. bj 05 - 186