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12/04/2012 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4, 2012 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 4, 2012 at 7 : 00 p.m. in Room 315, City 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 The following Councilmember was absent: Stan Penfold Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; Ralph Becker, Mayor; David Everitt, Mayor' s Chief of Staff; and Scott Crandall, Deputy City Recorder; were present. Councilmember Simonsen presided at and conducted the meeting. OPENING CEREMONY #1 . 7:08:04 PM Pledge of Allegiance. #2 . 7:08:36 PM Councilmember Love moved and Councilmember Garrott seconded to approve the minutes of the Salt Lake City Council meeting held Tuesday, November 20 , 2012, which motion carried, all members present voted aye . View Attachments (M 12-3) Boy Scout Troop 192 from the Sugar House area was introduced. PUBLIC HEARINGS #1 . RE: 7:13:09 PM Accept public comment and consider adopting: a. Design Guidelines for Residential Properties in the H- Historic Preservation Overlay District and Landmark Sites . An ordinance that would update the existing design guidelines for residential properties within the H-Historic Preservation Overlay District and landmark sites and create a preservation handbook for historic districts and properties including design guidelines and other educational information pursuant to Petition No. PLNPCM2011- 00471 . The proposal would implement current preservation best practices, provide flexibility in addressing projects on a case-by- case basis and provide information on: 12 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4 , 2012 • Preservation principles . • Background on the history and architectural development of the City. • How to use the guidelines for rehabilitation and new construction projects and address unique circumstances for specific projects . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. View Attachments (0 12-33) b. Design Guidelines for Commercial Properties in the H- Historic Preservation Overlay District and Landmark Sites . An ordinance that would establish design guidelines for commercial properties within the H-Historic Preservation Overlay District and landmark sites pursuant to Petition No. PLNPCM2009-00628 . The proposal would: • Implement current preservation best practices . • Provide flexibility in addressing projects on a case-by-case basis . • Serve as the basis for making informed and consistent decisions . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. View Attachments (0 12-34) c. Design Guidelines for Signs in the H-Historic Preservation Overlay District and Landmark Sites . An ordinance that would establish design guidelines for exterior signs within the H-Historic Preservation Overlay District and landmark sites pursuant to Petition No. PLNPCM2011-00472 . The proposal would: • Implement current preservation best practices . • Provide flexibility in dealing with changes to existing signs . • Design guidance for future projects . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. View Attachments (0 12-11) NOTE : Items a, b and c listed above were addressed together. 12 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4 , 2012 7:13:31 PM Cindy Cromer and Dave Richards spoke in favor of the proposal . Comments included buy local, more outreach, educate residents about benefits and promote historic preservation. Councilmember Love moved and Councilmember Luke seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . #2 . RE: 7:16:27 PM Accept public comment and consider adopting an ordinance amending the Future Land Use Map of the North Temple Boulevard Plan and the Zoning Map pertaining to property located at 549 West 400 North pursuant to Petition Nos . PLNPCM2012-00254 and PLNPCM2012-00255 . The proposal would enable the property owner, Signature Books, to combine the lot with an adjacent parcel and develop the site as a small mixed use development. The existing zoning would not allow this . The proposal would: • Change the North Temple Boulevard Plan Future Land Use Map from Transit Station Area Stable to Transit Station Area Transition. • Change the Zoning Map from Special Development Pattern Residential District (SR-1A) to Transit Station Area Urban Center (TSA-UC) . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Signature Books . View Attachments Keiko Jones, Ron Priddis, Dave Richards and Jason Walker spoke in favor of the proposal . Comments included limited space to build, mixed-use project, petitioner owns multiple properties, good landlord, rentals not always bad for neighborhoods, zoning intended to increase density, area enhanced by project, need for affordable rental housing, petitioner provides quality housing, long-term community commitment and private/governmental cooperation needed to provide viable solutions . Maria Garciaz submitted written comments expressing concern about the number of rental units being developed in the Guadalupe neighborhood. Councilmember Christensen moved and Councilmember Garrott seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (P 12-18) #3. 7:26:01 PM RE : Accept public comment and consider adopting an ordinance to rezone properties located at approximately 548 West 300 12 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4 , 2012 North, 375 North 500 West, and 543 West 400 North from Light Manufacturing (M-1) to Transit Area Station - Urban Center (TSA-UC) pursuant to Petition No. PLNPCM2011-00665 . The proposed rezoning would: • Implement recommendations in the North Temple Boulevard and Capitol Hill land use master plans . • Focus future development on creation of a vibrant, safe, well- connected urban center with a diverse mix of land uses and amenities . • Correct an oversight when the properties were not included in the North Temple Boulevard Plan/rezoning project (2010) . • Eliminate the potential to establish new light manufacturing uses on the properties . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. View Attachments Walt Webster and Bill Ince spoke/submitted written comments about the proposal . Comments included public education regarding dangers associated with railroad tracks/crossings, increased risk/accidents with more residents and increased trespassing/fatalities/vandalism. Councilmember Garrott moved and Councilmember Love seconded to close the public hearing and defer action, which motion carried, all members present voted aye . (0 12-35) #4 . 7:30:29 PM RE: Accept public comment and consider approving a resolution regarding the purchase of a 15 . 85 acre property at 2596 North 2200 West that could potentially be developed as a neighborhood park serving the Rose Park and Westpointe communities . The land is abutted by farmland and could be used for multiple recreational uses and public benefit. The land acquisition would cost $690, 000 in Open Space Bond Funds . View Attachments Markus Mika, Mason Nowels , Michael Suchoza, Collin Gerlach, Heather Gerlach, David Roper, Che Bathelt, Michael Eisenberg, Zachary Egan Ralphs , Jory Reid, Justin Kuhnel, Chad Cross, Anne Cannon and Jason Beck spoke or submitted written comments in favor of the proposal . Comments including utilizing land for disk golf course, increased benefits for local community, more recreational opportunities needed, reduced water needs/maintenance, develop park with native grass/shrubs/trees, promote charity events, physical benefits/family activity and need for more open space. 12 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4 , 2012 Councilmember LaMalfa moved and Councilmember Christensen seconded to close the public hearing and defer action to a future date, which motion carried, all members present voted aye. (R 12-17) #5. 7:49:34 PM RE: Accept public comment and consider adopting: a. Ordinance : Budget Amendment No. 1, Solid Waste Management Facility (Landfill) 2012 budget mid-year adjustments item. An ordinance amending the final budget of Salt Lake City, including the employment staffing document, for Fiscal Year 2012-13 . (B 12-3) b . Ordinance : Solid Waste Management Facility (Landfill) budget for calendar year 2013 . An ordinance adopting the Solid Waste Management Facility budget for calendar year 2013 . View Attachments (B 13-3) Councilmember Love moved and Councilmember Luke seconded to close the public hearing and defer action to December 11, 2012 , which motion carried, all members present voted aye . #6. 8:16:02 PM RE : Accept public comment and consider adopting an ordinance amending Chapter 18 . 64 (Demolition) , and Chapter 18 . 97 (Mitigation of Residential Housing Loss) , and Section 18 . 48 .250 (Boarded Building Maintenance) , Salt Lake City Code, to modify the process and requirements for demolition of buildings and structures, and maintenance of boarded buildings . 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 Cindy Cromer said as long as the trigger for implementation was "boarding" nothing would be accomplished. She said she owned property next to a rundown/secured building and wanted something done with it. Anne Cannon submitted written comments asking the Council to consider potential consequences to residential neighborhoods . Councilmember Garrott moved and Councilmember Love seconded to close the public hearing and defer action, which motion carried, all members present voted aye . 8:18:11 PM Discussion was held with Neil Lindberg, Council Legal Director, Cindy Gust-Jenson, Executive Council Director, and David 12 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4 , 2012 Everitt, Mayor' s Chief of Staff, regarding proposed changes outlined in the five bullet points listed below. • Be more specific about what constitutes a nuisance (a standard used by the chief building official and fire marshal that allows immediate demolition) . The present language, based on the blight standard found in redevelopment law, is too broad and far reaching. See Subsection 18 . 64 . 040 .A. 2 . c. • Use an administrative committee appointed by the Mayor rather than the HAAB to give an opinion regarding whether a particular building or structure should be demolished. See Subsection 18 . 64 . 040 .A. 3 . • Revise the demolition by neglect rule to specify that maintenance standards for outside buildings will be the same for boarded buildings, vacant/secured buildings and occupied rental dwelling units . See Sections 18 . 64 . 045 and 18 . 48 . 250 . (Please be aware that the inside of the structure is addressed in Item 4 . ) • Add a provision prohibiting salvage inside a boarded building unless a demolition permit is issued. See Section 18 . 64 . 045 . • Clarify that the ordinance would not necessarily result in the City performing maintenance or construction work. For example, if a roof needs significant repair the City would likely take legal action to request that a court order the owner to perform the repair. Mr. Lindberg said discussions with the Administration included utilizing all tools within the City' s scope/authority, such as liens or negative credit reporting for non-compliant cases . Ms . Gust-Jenson said the Administration had been successful using liens and suggested the Council urge them to continue utilizing that tool even earlier in the process . Mr. Lindberg said another idea was the possibility of having the Council appropriate some amount of money in an enforcement fund which could be replenished as lien money was collected. Councilmember Simonsen asked if Council Members had objections to proposed changes . No objections were raised. Mr. Lindberg said after making the changes, he would send a copy to the Administration/Council for review/feedback and then prepare a final ordinance for formal consideration at the next meeting. Councilmember Simonsen asked if Council Members had other modifications they wanted to make besides those recommended by Mr. Lindberg. Councilmember Garrott said he was interested in enforcement enhancements that would strengthen the purpose behind the legislation. Councilmember Simonsen said that might require a broader discussion . He said the Council could ask staff to prepare some legislative intent 12 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4 , 2012 language for a future budget amendment or for the upcoming annual budget process . (0 12-3) #7 . 7:50:13 PM RE : Accept public comment and consider adopting an ordinance amending Section 3.24 . 115, Salt Lake City Code, to clarify that bid requirements apply to all City funded building improvement and public works projects over a specified dollar amount . View Attachments Peter Cook, Roger Ellis, Donald Brummel, David Belcher and Paul Belcher spoke in favor of the proposal . Comments included employee incentives, safety programs/training, health benefits, veteran employment assistance, responsibility to ensure employee welfare, low- bid impact on work force/bidding process and disadvantages associated with providing public projects . Councilmember Luke moved and Councilmember Love seconded to close the public hearing and defer action to December 11, 2012, which motion carried, all members present voted aye . (0 12-6) #8 . 7:57:58 PM RE : Accept public comment and consider adopting an ordinance renumbering by amendment Chapter 17 . 91, Salt Lake City Code, and creating Chapter 17 . 90 relating to street light enterprise fund and amending Chapter 2 . 08 . The proposal would create a Street Lighting Enterprise Fund and charge a monthly fee of $3 . 73 for all single, duplex and triplex residential units . Commercial and industrial customers and multifamily residences that are larger than triplexes would be charged $3 . 73 monthly for each 75-feet of front footage. The City estimates $3 . 6 million would be generated in additional revenue should the fee program be adopted. The proposed fee would not result in a corresponding drop in property taxes . Funding for street lighting currently comes from the General Fund, which is funded through annual property taxes . View Attachments Randy Sorensen, Jay Ingleby, Ruth Cherecwich, Richard Starley, Jeff Bair, Kim Hibbert, Jeff Walker and Katherine Gardner spoke and/or submitted written comments regarding the proposal . Comments included financial impact on elderly/fixed incomes, current economic impacts, utilize other revenue sources, lighting reduces vandalism/break-ins, find creative ways to stop wire/metal theft, private lighting issues/costs, ongoing maintenance costs, safety issues, recruit citizen participation to deter theft, sustainable funding source needed, abandoned lighting projects, budget property taxes to cover infrastructure/costs, fees continue to escalate and taxpayers rights relegated to elected officials . 12 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4, 2012 Councilmember Christensen moved and Councilmember LaMalfa seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (0 12-37) POTENTIAL ACTION ITEMS #1 . 8:41:07 PM RE: Adopt an ordinance adopting Budget Amendment No. 1 for Fiscal Year 2012-13 . Budget amendments happen several times each year to reflect adjustments to the City' s budgets, including proposed project additions and modifications . This amendment contains a number of proposed adjustments to the budget, including: (Note : for complete list see attached transmittal . ) • Two recommended Fire Department studies : one study for Fire Station No. 3 in Sugar House, and one to review current service levels and assist in the development or modification of service levels to ensure safe and effective responses for fire suppression, emergency medical services, and specialty response situations . • Study for a crime lab and evidence storage facility. • Wetland mitigation at the Regional Athletic Complex. • Mid-year adjustments for the Salt Lake Valley Solid Waste Management Facility (the "Landfill") - refer to Item C5 . • Changes to the scope and funding for the remodel of the City' s Plaza 349 building. View Attachments Councilmember Christensen moved and Councilmember Garrott seconded to adopt Ordinance 85 of 2012, amending the Fiscal Year 2012- 2013 as proposed by the Administration for the following items : • A-18 - South Davis Transit Study - Matching Funds - $30 ,000 from Fund Balance of the General Fund. • E-5 - United States Department of Urban Development (HUD) Emergency Solutions Grant (ESG Round 11/12 Funding) - $100 ,766 . • E-6 - United States Department of Urban Development (HUD) Emergency Solutions Grant (ESG Second Round 12/13 Funding) - $140 ,266 . • A-7 - Plaza 349/City and County Building Furniture Purchase ($100 ,000 Fund Balance of the General Fund, and $265,000 of Barnes Bank Proceeds . 8:42 :42 PM Councilmember Christensen commented on the motion . 12 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4 , 2012 Councilmember Simonsen called for the question, which motion carried, all members present voted aye . Councilmember Christensen asked if the budget amendment needed to remain open to address additional items . He said his intent, as part of the motion, was for it to remain open. (B 12-10) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 8:43:57 PM Councilmember Love congratulated the Mayor on his appointment to the National League Executive Committee . Councilmember Luke asked for clarification on the position. Mayor Becker said he was elected by National League of Cities membership to serve as the second Vice President . COMMENTS TO THE CITY COUNCIL 8:46:29 PM Jeff Bair said the 400 East and 2100 South intersection was dangerous for pedestrians despite a clearly marked crosswalk and wanted help with enforcement/improvements . Councilmember Love said she would have Transportation look into it . She said a list was being compiled for mobile traffic calming devices and would pass this along as a potential location. UNFINISHED BUSINESS #1 . RE: 8:50:40 PM Adopting a proposed resolution declaring the City Council' s intent to create an assessment area in downtown Salt Lake City for economic promotion activities and setting a 5 : 00 p.m. , January 8, 2013, deadline to file written protests against the creation of the proposed assessment area . The proposed resolution also would set a 7 :00 p.m. hearing on January 8, 2013, for the City Council to receive oral protests against creation of the assessment area. View Attachments Councilmember Garrott moved and Councilmember LaMalfa seconded to adopt Resolution 48 of 2012, which motion carried, all members present voted aye . (Q 12-11) The meeting adjourned at 8 : 51 p.m. 12 - 9 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 4 , 2012 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 December 4, 2012 . sc 12 - 10