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03/06/2012 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 6, 2012 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, March 6, 2012 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 Kyle LaMalfa Stan Penfold Jill Remington Love Luke Garrott Charles Luke Soren Simonsen Cindy Gust-Jenson, Executive Council Director; Ed Rutan, City Attorney; Mayor Ralph Becker; and Chris Meeker, City Recorder; were present. Councilmember Simonsen presided at and Councilmember Christensen conducted the meeting. OPENING CEREMONY #1 . RE: 7: 09:49 PM The Council led the Pledge of Allegiance. 7: 10:23 PM Councilmember Love asked for a point of personal privilege . She said today many people had lost a friend. She said the Executive Director of the Democratic Party, Todd Taylor had died. #2 . RE: 7: 11: 10 PM Adopting a joint resolution with Mayor Becker in support of reducing greenhouse gas pollution under the clean air act. View Attachments The Council will discuss this issue at a later date. #3. RE: 7 :11:38 PM Mayor Ralph Becker presented recommendations to the Council regarding the One-Year Action Plan for CDBG, HOME, ESG, AIDS HOPWA and an Interlocal Cooperation Agreement between Salt Lake City and the U. S . Department of Housing and Urban Development (HUD) . (Item H1) View Attachments #4 RE: 7 :20:42 PM Councilmember LaMalfa moved and Councilmember Love seconded to approve the minutes of Tuesday, February 21, 2012, which motion carried, all members voted aye. (M 12-3) View Attachments PUBLIC HEARINGS #1 . RE: 7 :22: 08 PM Accept public comment and consider adopting an ordinance amending the City' s zoning regulations to modify requirements for approving conditional use permits. These requirements were modified 12 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 6, 2012 by the City Council in July, 2008 . The proposed amendments are intended to clarify and resolve problems encountered by the Community and Economic Development Department in applying these requirements . Related provisions of Title 21A (Zoning) may also be amended as part of this petition. Petitioner - Mayor Ralph Becker, Petition No. PLNPCM2009- 00174 . View Attachments Councilmember Simonsen moved and Councilmember Penfold seconded to close the public hearing and refer to a future meeting, which motion carried, all members voted aye. (P 12-1) #2 . 7:24:33 PM RE: Accept public comment and consider adopting a resolution updating policy statements for the City' s Community Housing Plan. The intent is to address development of new housing opportunities, preservation of the City' s existing housing stock and reflect current housing and economic conditions . View Attachments The following citizens spoke to the item: Tim Funk, Cindy Cromer and Andrew Riggle. Councilmember Simonsen moved and Council Luke seconded to close the public hearing and refer to a future meeting, which motion carried, all members voted aye . (T 11-5) #3 . 7:33:21 PM RE : Continue to accept public comment and consider adopting proposed Salt Lake City Council District boundary maps. Redistricting, completed every ten years after the census, is required to substantially balance the population so each person is equally represented. Councilmember Love moved and Council Penfold seconded to continue public hearing and refer to the March 27, 2012 meeting, which motion carried, all members voted aye. (U 12-1) POTENTIAL ACTION ITEMS #1 . 7 :34:40 PM RE: Adopting Budget Amendment No. 5 for Fiscal year 2011 - 2012 . The Administration is proposing adjusting the FY 2012 budget in a number of areas . Notable items include an HVAC system replacement for Fire Station 2, an upgrade to the City' s website, funding to allow for solar panels on the roof of the new Public Safety Building, and funding for the remodel of Plaza 349 . Councilmember Love moved and Councilmember Simonsen seconded to adopt Ordinance 11 of 2012 amending the fiscal year 2011-2012 as 12 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 6, 2012 proposed by the administration and including Council added items with the exceptions of Item A-4 regarding the Share Point document management system, Item A-11 regarding Solar Panels for the Public Safety Building, Item D-9 regarding the use of the Barns Bank bond proceeds which shall be considered separately and Item A-6 regarding city wide tree treatment for insects and diseases which was already adopted, which motion carried, all members voted aye . Councilmember LaMalfa moved and Councilmember Simonsen seconded not to adopt Item A-11 the request for funds to participate in a Power Purchase Agreement (PPA) in order to install solar panels to be used as an energy source for the new Public Safety Building, which motion carried, all members voted aye . Councilmember Simonsen moved and Councilmember Love seconded to not adopt Item D-9 and include a legislative intent that the City use the funds from the Barns Bank bond for improvements on the City and County Building and that the Administration return to the Council with a plan for how the funds should be used and the Council would like to see a priority be placed on improvements that could result in utility savings or other improvements that could improve the safety of City and County Building, which motion carried, all members voted aye . Councilmember LaMalfa moved and Councilmember Simonsen seconded to not adopt Item A-4, but rather consider the request in conjunction with the overall FY 2013 budget in May, which motion carried all members voted aye except Councilmember Christensen who voted nay. Councilmember Simonsen moved and Councilmember Luke seconded that it is the intent of the Council that in authorizing funds for treatment of the City' s urban forest that the contractor hired by the City coordinate with adjoining property owners, potentially with a noticing system of when they will be treating which trees so that property owners can take advantage of the economies of scale and hire the contractor to treat trees on private property, which motion carried, all members voted aye . View Attachments (B 12-4) 7 : 4 4 : 11 PM COMMENTS TO THE CITY COUNCIL The following citizens commented: Bob Brister, Peter Ashcroft, Kathryn Albury and Ryan Pleune were in favor of reducing greenhouse gas pollution under the clean air act . Tom Muir, Matthew Kirk, Greg Scott, Scott Hagen and Joe Ivory Mattingly were against the Sunnyside Avenue test . Suzy Dailey encouraged the Council to move forward with the test on Sunnyside Avenue . The following citizens submitted comment cards but did not wish to speak: Christopher Panos, Suszn Salvesen, Jeff 12 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 6, 2012 Mortensen, J. Michael Mattsson, Jill B. Jones, Mark Molen, Stephanie Pace, Judy Lord and Raquel Cook. UNFINISHED BUSINESS #1 . 8: 00: 06 PM RE: Adopting a resolution in support of the City' s participation in the Regional Climate Adaptation Planning Alliance. The Alliance, which includes cities from Colorado, Arizona, and Utah, has been formed to share resources and collaborate on ideas on how to plan for future climate change . View Attachments Councilmember Simonsen and Councilmember Luke seconded to adopt Resolution 9 of 2012, which motion carried, all members voted aye . (R 12-4) #2 . 8: 00: 49 PM RE: Adopting an ordinance to combine the Open Space Lands Advisory Board with the Parks, Trails and Urban Forestry Advisory Board to create the Parks, Natural Lands, Trails, and Urban Forestry Advisory Board. View Attachments Councilmember Love moved and Councilmember Simonsen seconded to adopt Ordinance 12 of 2012, which motion carried, all members voted aye . (0 12-4) #3 . 8 : 01: 14 PM RE: Adopting two Interlocal Cooperation Agreements between Salt Lake City Corporation and Salt Lake County to allow the County to have an ownership interest in the capital improvements at the Utah Zoological Society (Hogle Zoo) and Tracy Aviary funded by the Salt Lake County issued General Obligation Bond. View Attachments Councilmember Luke moved and Councilmember Penfold seconded to adopt Resolution 10 of 2012 and Resolution 11 of 2012 , which motion carried, all members voted aye . (C 10-67) & (C 09-642) #4 . 8: 01:59 PM RE: Adopting a motion to reconsider the Council ' s action of February 21, 2012 adopting a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement to join the Jordan River Commission and identifying Council Chair Soren Simonsen as the City' s representative on the Commission and Council Member Kyle LaMalfa as the alternate . Councilmember Love moved and Councilmember Penfold seconded to adopt the motion reconsidering the Council ' s action of February 21, 2012 which motion carried, with a roll call vote . All members voted aye except Councilmember Sorensen who voted nay. 12 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 6, 2012 (R 12-3) #5 . 8: 04 :24 PM RE: a) Adopt motion to adopt a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement to join the Jordan River Commission. b) A motion designating the City' s representative on the Commission and an alternate. Councilmember LaMalfa moved and Councilmember Simonsen seconded to adopt Resolution 8 of 2012 , adopted on February 21, 2012, which motion carried, all members voted aye . Councilmember Love moved and Councilmember Penfold seconded to approve the nomination of Mayor Becker as the City' s representative on the Jordan River Commission, which motion failed, due to a substitute motion. Councilmember LaMalfa moved for a substitute motion and Councilmember Garrott seconded to defer the nomination to the next meeting, which motion carried, with a roll call vote, all members voted aye except Council Members Penfold and Christensen who voted nay. (R 12-3) 8 : 10 :3 6 PM CONSENT AGENDA Councilmember Garrott moved and Councilmember Penfold seconded to adopt the Consent Agenda, which motion carried, all members voted aye . #1 . RE: Setting the date of Tuesday, March 27, 2012 at 7 : 00 p.m. to accept public comment and consider adopting an appropriation resolution adopting the One-Year Annual Action Plan for 2012-2013 that includes Community Development Block Grant (CDBG) funding, HOME Investment Partnership Program funding, Emergency Shelter Grant (ESG) funding, Housing Opportunities for Persons with AIDS (HOPWA) funding, for Fiscal Year 2012-13 and approving an Interlocal Cooperation Agreement between Salt Lake City and the U.S. Department of Housing and Urban Development (HUD) and amending the 2010-2015 Consolidated Plan, and amending the 2011-2012 Annual Action Plan. (T 12-1) #2 . RE: Setting the date of Tuesday, April 3, 2012 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Section 21A. 52 . 030 - Special Exceptions of the City' s zoning regulations . The ordinance will modify procedures and standards to legalize existing residential dwelling units created contrary to zoning requirements (a process referred to as "unit legalization") . The proposed changes will address existing unit legalization issues, support the existing Salt Lake City Housing Plan and help implement the 12 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 6, 2012 Landlord Tenant Initiative . Related provisions of Title 21A - Zoning may also be amended as part of this petition. Petitioner - Mayor Ralph Becker, PLNPCM2011-00499 . (P 12-4) #3. RE: Setting the date of Tuesday, April 3, 2012 at 7 : 00 p.m. to accept public comment and consider adopting proposed changes to the City' s zoning regulations relating to allowing accessory dwelling units (ADUs) in single-family and multi-family zoning districts . This is proposed to provide a broad mix of housing opportunities in existing neighborhoods that address changing family needs, economic conditions, smaller household sizes, and increase use of existing housing, public infrastructure and transit. Related provisions of Title 21A - Zoning - may also be amended as part of this petition. Petitioner - Mayor Ralph Becker, (Sustainable City Code Initiative) , Petition No. PLNPCM2010- 00612 . (P 11-15) #4 . RE: Setting the date of Tuesday, March 27 , 2012 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance rezoning the frontage of properties located at 545 and 555 West 500 North from SR-lA and SR-3 (Special Development Pattern Residential) to TSA (Transit Station Area) and rezoning the rear of the property located at 555 West 500 North from SR-lA to SR-3 . Petitioner Marie Ginman - PLNPCM2011-00203 . (P 12-5) #5. RE: Setting the date of Tuesday, March 27 , 2012 at 7 : 00 p.m. to accept public comment and consider adopting a resolution regarding the Councils' Philosophy Statement on Arts and Culture . (Q 12-5) #6 . RE: Adopting Ordinance 13 of 2012 (The "2012 Assessment Ordinance") approving an assessment list and levying an annual assessment upon property in Salt Lake City, Utah Lighting District No. 3, now known as L03 (the "District L03") ; establishing the effective date of the 2012 Assessment Ordinance; providing for a procedure to contest an assessment; and related matters . (Q 12-2) #7 . RE : Approving the appointment of Kimball Young to the Community Development and Capital Improvement Program Advisory Board for a term extending through June 2, 2014 . (I 12-6) #8 . RE: Approving the appointment of Maureen Wilson to the Mosquito Abatement District Board of Trustees for a term extending 12 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 6, 2012 through December 31, 2015 . (I 12-10) #9 . RE: Approving the appointment of Ryan Corbin to the Business Advisory Board for a term extending through December 28, 2015 . (I 12-11) #10 . RE : Approving the appointment of Spencer Lloyd to the Business Advisory Board for a term extending through December 28, 2015 . (I 12-11) #11 . RE: Approving the appointment of Lisa Adams to the Planning Commission for a term extending through July 1, 2014 . (I 12-7) #12 . RE : Approving the reappointment of Todd Erskine to the Mosquito Abatement District Board of Trustees for a term extending through December 31, 2015 . (I 12-10) The meeting adjourned at 8 : 11 p.m. Council Chair City Recorder This document along with the digital recording constitutes the official minutes of the City Council Regular Session meeting held March 6, 2012 . cm 12 - 7