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01/08/2013 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 8, 2013 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, January 8, 2013 at 7 : 13 p.m. in Room 326, Committee Room, City County Building, 451 South State Street. The following Council Members were present: Carlton Christensen Charlie Luke Kyle LaMalfa Jill Remington Love Luke Garrott Stan Penfold Soren Simonsen Mayor Ralph Becker; Cindy Gust-Jenson, Executive Council Director; David Everitt, Mayor' s Chief of Staff; Jennifer Bruno, Council Deputy Director; Ed Rutan, City Attorney; and Cindi Mansell, City Recorder were present. Councilmember Simonsen presided at and conducted the meeting. OPENING CEREMONY #1 . 7 : 14 :20 PM Pledge of Allegiance. #2 7 : 14 : 45 PM Councilmember Christensen moved and Councilmember Garrett seconded to approve the minutes of Salt Lake City Council meetings held Tuesday, December 4 , 2012 and Tuesday, December 11, 2012, which motion carried, all members voted aye . View Minutes PUBLIC HEARINGS #1 . RE: 7 : 16 : 07 PM Accept public comment and consider adopting an ordinance closing and abandoning a portion of City-owned right-of- way adjacent to Pierpont Avenue at approximately 1010, 1020 and 1046 West Pierpont Avenue pursuant to Petition No. PLNPCM2011-00438 . The sidewalk adjacent to the three parcels would be relocated and the excess right-of-way would be purchased by the petitioner. (Petitioner Rodney Newby) View Attachments 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 1 of 2013. 7 : 17 : 03 PM Councilmember Christensen said there were no outside concerns . He said he wanted the petitioner to be able to move forward. 13 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 8 , 2013 7 : 17 :23 PM Councilmember LaMalfa said this was a good project and would clean up part of Poplar Grove . 7 : 17 : 49 PM Councilmember Simonsen said he had intended to put together a legislative intent to focus on a broader policy to address freeway corridors and health impacts associated to residential development near freeway right-of-ways . He said he wanted to address long-term issues . 7 :22 :22 PM Councilmember Christensen moved and Councilmember Love seconded to amend the motion to adopt Ordinance 1 of 2013 and ask that the Council review Councilmember Simonsen' s legislative intent language in two weeks, which motion carried, all members voted aye. (P 12-21) #2 . RE: 7 :23:21 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 for the fiscal year beginning July 1, 2012 and ending June 30, 2013. This budget amendment would create a revenue and expense budget of $1 . 8 million for the Street Lighting Enterprise Fund, including the creation of three new full time employee positions to run the new Street Lighting Enterprise Fund program. The Council adopted ordinances creating the fund on December 11, 2012 . The amendment also includes a Council request to consider funding in support of the Congress of New Urbanism (CNU) 2013 conference . (Budget Amendment No. 2) View Attachments 7 :23 :50 PM David B. Troester said he was opposed to the Street Lighting Enterprise Fund. 7 :25 :20 PM Councilmember Simonsen said the Council authorized the change in the actual Street Lighting Program in December. He said they were considering a budget amendment to transfer funds from the General Fund to a Public Utilities Enterprise Fund. 7 :27 : 12 PM Council Members requested additional information on funding for the Congress of New Urbanism. Councilmember Garrott moved and Councilmember Penfold seconded to close the public hearing and defer action to a future date, which motion carried, all members voted aye . (B 12-11) #3. RE: 7 :27 : 56 PM Accept public comment and hear protests and objections to the creation of the Central Business Improvement Area 13 and consider hearing written protests and objections of the same issue . The Council adopted a notice of intent to create the district 13 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 8, 2013 at its December 4, 2012, meeting. The proposed assessment area would require owners of properties valued at more than $20, 000 to pay an assessment on the properties . Revenue from the assessment would be used for economic promotion activities in downtown Salt Lake City. Written protests must be filed in the City Recorder' s Office by 5 : 00 p.m. , January 8, 2013 . View Attachments Councilmember Christensen moved and Councilmember Garrott seconded to close the public hearing and refer written protests to the Administration for tabulation, which motion carried, all members voted aye . (Q 12-11) POTENTIAL ACTION ITEMS #1 . RE: RE: 7 : 34 :23 PM Adopting an ordinance authorizing the amendment of the Holladay Subdivision plat to relocate a public use easement on property located at approximately 1201 East Wilmington Avenue pursuant to Petition No . PLNSUB2012-00121 . The proposal would relocate a 20 foot maintenance and pedestrian easement to Parley' s Trail on the property to the eastern-most 20 feet of the property. Currently, the easement sits 25 feet from the eastern boundary of the property. The relocation would allow the proposed buyer of the property, Wilmington Gardens Group LLC, to develop the lot . View Attachments Councilmember Garrott moved and Councilmember Luke seconded to adopt Ordinance 2 of 2013, which motion carried, all members voted aye . (P 12-19) #2 . RE: 7 : 34 : 55 PM Adopting an ordinance amending the Final Budget of Salt Lake City, including the employment staffing document for Fiscal Year 2012-13 . This item of the budget amendment relates specifically to the funding of The Leonardo kitchen facilities and related issues . Budget amendments happen several times each year to reflect adjustments to the City' s budgets, including proposed project additions and modifications . (Note : All other items were adopted on either December 4 or December 11, 2012 . For a complete list of adjustments, see attached transmittal . ) (Budget Amendment No. 1) View Attachments Councilmember LaMalfa moved and Councilmember Christensen seconded to adopt Ordinance 4 of 2013 appropriating $250 ,000 from the CIP cost overrun account for a catering kitchen at the Leonardo and appropriating an additional $100,000 from fund balance to be available for capital costs related to incubator kitchen facilities with the 13 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 8, 2013 understanding that any capitol cost in excess of the $250,000 related to the Leonardo catering kitchen would be covered within the Leonardo' s own budget and with the understanding that the City Administration and City' s Food Policy Task Force lead the exploration of partners for the incubator kitchen and development of its use, design and location and that $100,000 be used in combination with private funds raised towards the construction and capital costs of the to be defined incubator kitchen; and that the City' s Food Policy Task Force and Administration report back to the Council on the progress of the incubator kitchen. 7 : 36 : 16 PM Councilmember Garrott said he felt this location had a window of opportunity because it was in a City facility with space, was downtown and centrally located. He said he felt the Leonardo was the right place for the kitchen because of the combined economies of doing two kitchens with shared facilities . 7 : 37 : 37 PM Councilmember LaMalfa said as a founder and operator of a local Farmer' s Market for six years, the thirst for an incubator kitchen was obvious . 7 : 38 : 36 PM Councilmember Christensen said he saw this as a great economic generator. 7 : 40 : 00 PM Councilmember Simonsen called for the question, which motion carried, all members voted aye . (B 12-10) #3 . RE: 7 : 40 : 22 PM Adopting an ordinance amending the City' s Zoning regulations relating to home occupations (businesses operated out of homes) pursuant to Petition No . PLNPCM2011-00380 . The purpose of the proposed changes is to clarify the current regulations and close loopholes . The proposed amendments would: View Attachments • Remove the list of permitted/conditional home occupations and update the list of prohibited uses . (This would allow a range of home occupations to be considered subject to compliance with business licensing requirements and specific zoning standards . ) • Revise the standards and regulations for permitting and terminating home occupations . Related provisions of Title 21A - Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker) . Councilmember Garrott moved and Councilmember Love seconded to adopt Ordinance 3 of 2013, which motion carried, all members voted 13 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 8 , 2013 aye . (P 12-20) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7 : 41 :27 PM Councilmember Simonsen thanked the Mayor and his staff for organizing the Legislative Breakfast. He said there were some potential Legislative issues not covered on the agenda such as changing hours of operation requirements regulated by the State for alcohol establishments and changing State law to allow for special elections . Mayor Becker said the hours of operation was on the agenda and they had discussed it with the legislators and with the sponsor, Senator Valentine . He said he would be happy to add anything to the agenda which the Council, individually or as a Council, felt was important. Councilmember Garrott said he walked to City Hall through the east side of Library Square. He said he appreciated the specialness of that public space and the Public Safety Building that was currently under construction. Mayor Becker said those blocks were a great addition to downtown as a whole. COMMENTS TO THE CITY COUNCIL 7 :29 : 30 PM Johnny-Mack Barlow said he ran a home business in Salt Lake City. He said he supported the proposed ordinance . NEW BUSINESS #1 . RE : 7 : 47 : 08 PM Adopting a motion ratifying the election of Chair and Vice-Chair of the Salt Lake City Council for the calendar year 2013 . Councilmember Christensen moved and Councilmember Luke seconded to suspend the rules and ratify the paper election that was read out with the Council Members names and votes on it approving as Chair, Kyle LaMalfa for the year 2013 and Jill Remington Love as Vice Chair for the year 2013, which motion carried, all members voted aye . (G 13-1) 7 : 48 : 07 PM Councilmember LaMalfa made a few comments as the new Council Chair . The meeting adjourned at 7 : 48 p.m. 13 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 8 , 2013 Council Chair City Recorder This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for the entire content. This document along with the digital recording constitute the official minutes of the City Council meeting held January 8, 2013 . clm/bj 13 - 6