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02/19/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, FEBRUARY 19, 2013 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, February 19, 2013 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 Stan Penfold Soren Simonsen Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Deputy Council Director; Edwin Rutan, City Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff; and Beverly Jones, Deputy City Recorder; were present. Councilmember LaMalfa presided at and Councilmember Penfold conducted the meeting. OPENING CEREMONY #1 . 7 : 10 : 39 PM Harry Daniels with Boy Scout Troop 14 from District 5, led the Pledge of Allegiance. #2 . 7 : 11 :23 PM Councilmember Garrott moved and Councilmember Simonsen seconded to approve the Salt Lake City Council minutes for Tuesday, February 12, 2013, which motion carried, all members voted aye . View minutes (M 13-3) PUBLIC HEARINGS #1 . RE: 7 : 11 : 58 PM Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 56 of 2012, which adopted the Final Budget of Salt Lake City, Utah, for the fiscal year beginning July 1, 2012 and ending June 30, 2013 . This amendment includes items such as carry-forward encumbrances for the Sewer, Storm Water and Water Funds, as well as a proposal for the Steiner East Sports Complex. (Budget Amendment No. 3) View Attachments Councilmember Christensen moved and Councilmember Garrott seconded to close the public hearing, which motion carried, all members voted aye . (B 13-4) #2 . 7 : 12 : 30 PM Accept public comment and consider adopting an ordinance amending the zoning map pertaining to property located at 13 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, FEBRUARY 19, 2013 1614 West 700 North pursuant to Petition No. PLNPCM2012-00225 . The proposal would amend the Salt Lake City Zoning Map from R-1/5000 (Single Family Residential) to CB (Community Business) to allow for a dental office use. (Petitioners Lars and Bethany Christensen. ) View Attachments Fred Cox and Lars Christensen, Petitioner, spoke in favor of rezoning the property. Councilmember Christensen moved and Councilmember LaMalfa seconded to close the public hearing, which motion carried, all members voted aye . Councilmember Christensen moved and Councilmember Love seconded to adopt Ordinance 6 of 2013 . 7 : 16 : 02 PM Councilmember Christensen said years ago the Council went through a master planning process and designated this corridor as commercial serving that neighborhood. He said this was an appropriate use for that location. He asked the Administration to leave an option open for cross easements because both sides would benefit from that. He said there was no opposition to the rezone. Councilmember Simonsen said he supported the rezone but he would be interested in taking a comprehensive look at the CB zone . He said it was a neighborhood oriented designation but the results of the zoning were not always conducive to improving the quality and character of neighborhoods . Councilmember Penfold called for the question, which motion carried, all members voted aye except Councilmember LaMalfa who voted nay. (P 13-1) #3 . RE : 7 : 19 : 55 PM Accept public comment and consider adopting an ordinance amending the Future Land Use Map of the Sugar House Community Master Plan and amending the Zoning Map pertaining to property located at 2016 South 2100 East pursuant to Petition Nos . PLNPCM2012-00367 and PLNPCM2012-00366 . The proposal would amend the Future Land Use Map from Low Density Residential (5-10 dwelling units per acre) to Mixed Use - Low Intensity. The proposal would also amend the Zoning Map from R-1/7000 (Single Family Residential) to CB (Community Business) . No specific commercial use has been identified by the petitioner. (Petitioner 2022 LLC) View Attachments 13 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, FEBRUARY 19, 2013 The following spoke in favor of the rezoning: JD Smith; David Jensen; Rich Whittaker; John Bouzek; Ellen Reddick and Carolyn LeDuc. Councilmember Luke moved and Councilmember Simonsen seconded to close the public hearing, suspend the rules and adopt Ordinance 7 of 2013 . 7 :28 : 57 PM Councilmember Luke said the neighborhood was supportive of the Business District and of the direction the corner was taking. He said the properties in the business area were all zoned CB and for continuity the City should rezone this property CB. He said it made sense to keep the zoning consistent so the neighborhood and the business owners could move forward. 7 : 30 : 50 PM Councilmember Christensen said he supported the motion. He said he was worried the CB zone did not have good buffering options for neighboring residential . He said it made sense to transition the area into a commercial location. He said cross easements could work for a CN zone . 7 : 32 : 46 PM Councilmember Simonsen said he wanted to promote walk ability. 7 : 33 : 46 PM Councilmember Garrott proposed a friendly substitute motion which would require the Administration to return to the Council in Work Session within a reasonable amount of time to discuss the CB zone and especially the issues of how it interfaced with surrounding residential . There was no second to the motion. Councilmember Penfold called for the question to adopt the ordinance amending the master plan and zoning map, which motion carried, all members voted aye . 7 : 34 : 50 PM Councilmember Simonsen moved and Councilmember Garrott seconded to initiate a Legislative Intent and request that the Administration review the Community Business (CB) zone and return to the Council within six months to one year with recommendations to address issues that have been raised about the CB zone pertaining to: walk ability, bicycle access, parking issues, orientation to support pedestrian and transit oriented development and interface with surrounding residential zones (buffers) , which motion carried, all members voted aye . (P 13-2) 13 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, FEBRUARY 19, 2013 COMMENTS TO THE CITY COUNCIL 7 : 38 : 08 PM Michael Barnies spoke about accessibility issues as far as snow removal on sidewalks . Craig Carter said he was the Chair of the Mayor' s Accessibility Service Council . He said he liked the support the disabled people have had from the City Council . Lee Anne Walker spoke about the performing arts center. Michal Kordy spoke on air pollution (View Comments) . UNFINISHED BUSINESS #1 . RE : The following items are related to the New Performing Arts Center: a) 7 : 48 : 00 PM Adopting an ordinance adopting the Community Development Plan for the Block 70 Community Development Project Area, as approved by the Redevelopment Agency, and designating the Plan as the official Community Development Plan for the Block 70 Community Development Project Area. The proposal would create a Community Development Area (CDA) for the downtown area located between State and Main Streets from 100 South to 200 South. The CDA would generate funds to contribute to the cost of the construction of the new Performing Arts Center project, allowing the Salt Lake City Redevelopment Agency to collect tax increment generated from properties on Block 70. Salt Lake County, Salt Lake City and the Salt Lake City School District are the three participating taxing entities. View Attachments Councilmember Christensen moved and Councilmember Simonsen seconded to adopt Ordinance 8 of 2013. Councilmember LaMalfa said he would vote for the ordinance but felt this was a poor choice of geography for the Community Development Area. He said it was selected by a previous Council but the City would only realistically be able to redo two of the corners . He said he felt the Council could have been more conservative and preserved some of the CDA capacity for other projects . Councilmember Penfold called for the question, which motion carried, all members voted aye . (0 13-3) b) 7 : 51 : 30 PM Adopting a resolution authorizing the execution and delivery of a Second Supplemental Trust Indenture relating to the City' s $15 ,000 ,000 Subordinate Excise Tax Revenue Notes, Series 2012 , in order to make the interest on such Notes 13 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, FEBRUARY 19, 2013 subject to federal income taxation and providing for related matters . View Attachments Councilmember LaMalfa moved and Councilmember Love seconded to adopt Resolution 8 of 2013. Councilmember Garrott said he would be voting against the motion because he was concerned about naming rights to name the new theater . He said naming rights would downplay the input of taxpayers and the risk that Salt Lake citizens and County residents were taking with this project. He said he wanted the citizens of Salt Lake included in the naming rights . Councilmember Simonsen said he had voted in opposition to former actions . He said his issues were mostly with the sighting of the performing arts center and the demolition of some infrastructure on Main Street. He said those issues were behind the Council and as he had maintained from the beginning he was supportive of the performing arts center. He said he would be voting in favor of these two actions . Councilmember Penfold called for the question, which motion carried, all members voted aye except Councilmember Garrott who voted nay. (Q 11-9) #2 . RE: 7 :53:24 PM Adopting a delegating bond resolution authorizing the issuance and sale of up to $8,000,000 aggregate principal amount of the City' general obligation refunding bonds to refund in advance of their maturity certain of the City' s currently outstanding general obligation bonds, giving authority to certain officers to approve the final terms and provisions of such bonds within certain parameters and providing for related matters . This is a refinancing of general obligation bonds at a lower interest rate which will result in a savings of approximately $1 . 2 million over the remaining life of the bonds. These savings would be realized in the form of slightly lower property tax bills for this component of the property tax rate. (Hogle Zoo and Tracy Aviary Projects) View Attachments Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Resolution 9 of 2013. Councilmember Garrott said they were lowering property taxes for Salt Lake citizens by refinancing the bond. 13 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, FEBRUARY 19, 2013 Councilmember Penfold called for the question, which motion carried, all members voted aye . (Q 13-1) #3. RE: 7 :54 :21 PM Adopting an ordinance enacting new Chapter 3 . 65, Salt Lake City Code, relating to the naming of City assets . View Attachments Councilmember Penfold said this item would be rescheduled for a future date . (0 13-4) #4 . RE: 7 :54 :25 PM Adopting an ordinance amending Section 5 . 14 . 085, Salt Lake City Code, to provide for scheduled inspections of qualifying properties. (Scheduled inspections of rental dwelling in conjunction with business license renewals related to the Landlord/Tenant Program. ) View Attachments Councilmember Garrott moved and Councilmember LaMalfa seconded to adopt Ordinance 9 of 2013, which motion carried, all members voted aye . (0 09-39) CONSENT AGENDA 7 : 54 : 57 PM Councilmember Garrott moved and Councilmember Simonsen seconded to approve the Consent Agenda, which motion carried, all members voted aye . #1 . RE: Approving the reappointments of Mitch Mills , Rachel White and Jerry Stanger to the Housing Advisory and Appeals Board for a term extending through December 31, 2014 . (I 13-3) #2 . RE: Approving the reappointments of Stephanie Jensen and Rick Knuth to the Housing Trust Fund Advisory Board for a term extending through December 31, 2015 . (I 13-4) #3 . RE: Approving the reappointments of Dr. Dagmar Vitek and Gayle Thomas to the Mosquito Abatement District Board for a term extending through December 31, 2016 . (I 13-5) 13 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, FEBRUARY 19, 2013 #4 . RE : Approving the reappointment of Rachel Otto to the Transportation Advisory Board for a term extending through September 28, 2015 . (I 13-6) The meeting adjourned at 7 : 55 p.m. 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 City Council Regular Session meeting held February 19, 2013 . bj 13 - 7