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11/13/2012 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 13, 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 Charlie Luke Kyle LaMalfa Stan Penfold Carlton Christensen The following Councilmember was absent: Jill Remington Love Jennifer Bruno, Executive Council Deputy Director; Rusty Vetter, Senior 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 Councilmember LaMalfa conducted the meeting. OPENING CEREMONY #1 . 7:10:28 PM Pledge of Allegiance . #2 . 7:11:04 PM The Council held a moment of silence in honor and remembrance of Salt Lake City employees who passed away during the past year. #3. 7:11:50 PM Councilmember Simonsen moved and Councilmember Luke seconded to approve the minutes of the Salt Lake City Council meeting held Tuesday, October 23, 2012, which motion carried, all members present voted aye . View Attachments (M 12-3) PUBLIC HEARINGS #1 . RE: 7:12:34 PM Receive input from the public with respect to the issuance of the City' s water and sewer revenue bonds to finance certain improvements, facilities and property that will be part of the City' s water, sewer and stormwater system, including, but not limited to the construction of a waste activated sludge mechanical thickening process at the City' s sewer treatment plant and various sewer collection line replacements, and the potential economic impact that such improvements, facilities and property will have on the private sector. View Attachments 12 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 Councilmember Simonsen moved and Councilmember Penfold seconded to close the public hearing and refer to November 27, 2012 , which motion carried, all members present voted aye . (Q 12-9) #2 . RE: 7:13:20 PM Accept public comment and consider adopting an ordinance closing and abandoning an unimproved portion of Hot Springs Road as a public right-of-way between Duluth Avenue and 1500 North and closing and abandoning an adjacent unimproved alley at approximately 758 West 1500 North pursuant to Petition No. PLNPCM2008-00294 . The petitioner would pay fair market value for the property per City guidelines . Petitioner - Thomas A. Wolff. View Attachments Thomas Wolff and Polly Hart spoke in favor of the proposal . Councilmember Christensen moved and Councilmember Simonsen seconded to close the public hearing, which motion carried, all members present voted aye . Councilmember Christensen moved and Councilmember Simonsen seconded to adopt Ordinance 79 of 2012 . 7 :16:26 PM Councilmember Christensen said there had not been any opposition and wanted to approve the proposal so the petitioner could move forward. Councilmember LaMalfa called for the question, which motion carried, all members present voted aye . (P 12-17) POTENTIAL ACTION ITEMS #1 . RE: 7 :17:02 PM Adopting an ordinance that would close and vacate an alley as a public right-of-way adjacent to property located at approximately 808 West Everett Avenue pursuant to Petition No. PLNPCM2012-00337 . If adopted, Utah Metal Works, which owns the adjacent property, would purchase the alley and integrate it in the company' s existing outdoor recycling facility. Petitioner - Utah Metal Works. View Attachments Councilmember Penfold moved and Councilmember Christensen seconded to adopt Ordinance 80 of 2012 . 7 :17 :39 PM Councilmember Garrott said he understood the petitioner had outstanding fines for violating zoning regulations and questioned why the City was obliging his interests . Councilmember Penfold said he understood the property owner was appealing a decision made by a 12 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 zoning officer. He said he was comfortable the appeal would be handled through City and/or Court systems and did not feel it was necessary to delay the proposal . Councilmember LaMalfa called for a roll call vote, which motion carried, all members present voted aye, except Council Members Garrott and LaMalfa who voted nay. (P 12-16) #2 . RE: 7 :19:34 PM Adopting an ordinance that would amend the Future Land Use Map of the Central Community Master Plan and amend the zoning map in relation to property located at 538 East 500 South Street. The proposal would modify the Central Community Future Land Use Map from Medium Density Residential to Residential Office Mixed Use pursuant to Petition Nos . PLNPCM2012-00305 and PLNPCM2012-00359 . The proposal would also change the zoning on one parcel located at 538 East 500 South from an (RMF-35) Moderate Density Multi-Family Residential District to an (RO) Residential Office District. The changes would facilitate combining four parcels on 500 South between 500 East and 600 East for a future multi-family residential development under one consistent zoning classification. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Strategic Capital Group. View Attachments Councilmember Simonsen moved and Councilmember Christensen seconded to adopt Ordinance 81 of 2012 . 7 :20:02 PM Discussion was held with Joel Paterson, Planning Manager, regarding the proposal . Comments included patchwork zoning, master plan update, more comprehensive process needed, proximity to transit stop, consider other zoning designations, relationship to adjacent properties/100' setback, modified design, locate building further north, reduced number of building units and density options . Mr. Paterson said Planning wanted to review the effectiveness of different residential zoning classifications to explore potential overlaps and see if other classifications would work better than RO. Councilmember LaMalfa called for a roll call vote, which motion carried, all members present voted aye, except Councilmember Garrott who voted nay. (P 12-15) #3 . RE : 7:26:29 PM Adopting an ordinance amending sections of the City' s Zoning regulations relating to grade change pursuant to Petition No. PLNPCM2010-00055 . The purpose of the proposed changes is to clarify the current regulations and close loopholes, including: View Attachments 12 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 • Defining building height, established grade, natural grade, finished grade, dormer and exterior wall height. • Modifying regulations regarding obstructions in required yard areas relating to grade changes for commercial and residential structures . • Clarifying and updating the foothill zoning regulations relating to grade changes . • Clarifying the Yalecrest Compatible Infill Overlay zoning regulations, lot and bulk standards, fences, walls and hedges that relate to measuring height from established or finished grade. • Replacing and updating illustrations for the definitions . • Fine tuning. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. 7:26:37 PM Discussion was held with Joel Paterson, Planning Manager, regarding the proposal . Comments included clarification of grade change definitions, dormer width exemptions, proposal did not change existing exemptions, allowed uses or building height requirements, wall height standards, building height in residential zones measured from any point on the structure straight down and base zoning standards included clarification of grade definitions . Mr. Paterson said the proposal only addressed grade changes, not building height requirements which were part of base zoning standards . Councilmember Penfold moved and Councilmember Simonsen seconded to adopt Ordinance 82 of 2012, which motion carried, all members present voted aye. (0 12-28) #4 . RE: 7 :33:40 PM Adopting a resolution regarding a philosophy statement on Education. The Council met in January to discuss priority focus areas and requested that staff provide draft Philosophy Statements for review and refinement. The seven priority areas are : Economic Health of the City, Arts and Culture, Neighborhood Quality of Life, Transportation and Mobility, Sustainability, Parks and Open Space, and Education. View Attachments Councilmember Simonsen moved and Councilmember Luke seconded to refer the issue to the November 20 , 2012 work session, which motion carried, all members present voted aye . (R 12-14) #5 . RE : 7:34:29 PM Historic Preservation Fine Tuning. 12 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 a. Adopting a motion to reconsider the Council ' s action to adopt Ordinance 74 of 2012 (Historic Preservation Fine Tuning) to correct a technical error. View Attachments 7 :34:37 PM Councilmember Garrott said he thought the intent of his original motion was that all major alterations to contributing structures would continue to go through the Historic Landmark Commission (HLC) . He said there was concern about interpretation about whether staff would make the decision that a major alteration would have a negative impact on its contributing status or whether it needed to go through HLC. Discussion was held with Joel Paterson, Planning Manager, regarding the definition of major and minor alterations . Mr. Paterson said Section 21A. 34 . 020 (historic preservation overlay standards) did not include definitions for major or minor alterations . He said the current ordinance allowed administrative/staff approval for minor alterations but major alterations to landmark site and contributing structures had to be reviewed and approved by HLC. Mr. Paterson said HLC adopted a policy statement to provide guidance on determining major alterations . He said all new construction such as homes, new accessory structures or new additions which were substantially visible from the street, had a footprint equal to or greater than 50% of the existing footprint or required a change in the roofline would be consider major alterations and would continue to go to HLC. Councilmember Garrott asked about porch replacements . Mr. Paterson said those could be approved administratively if staff had photographic evidence of the original structure . He said adding a porch that had never existed before would be considered a major alteration. Councilmember Garrott moved and Councilmember Simonsen seconded to adopt a motion to reconsider Ordinance 74 of 2012 changing the City' s zoning regulations to update and provide clarity to the City' s Historic Preservation Overlay regulations . 7 :44:40 PM Councilmember Simonsen commented on the motion. Councilmember LaMalfa called for the question, which motion carried, all members present voted aye, except Councilmember Christensen who voted nay. b. Adopting an ordinance to provide clarity and efficiency relating to the Historic Preservation Overlay zoning regulations pursuant to Petition No. PLNPCM2011-00470 . This proposal includes the 12 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 following items : • Improve clarity without changing the intent of specific zoning regulations . • Streamline the approval process for applicants . • Allow the Historic Landmark Commission to modify bulk and lot regulations in historic districts . • Address ongoing problems with administration of existing regulations . • Clarify the length of time a Certificate of Appropriateness is valid. • Clarify wording that may be open to interpretation. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. 7 :45:37 PM Councilmember Garrott moved and Councilmember Simonsen seconded to readopt the entirety of Ordinance 74 of 2012 with the following clarifications : • Remove language in Section 21 .A. 34 . 020 . F. 1 .a (3) , H Historic Preservation Overlay District - Procedure for Issuance of Certificate of Appropriateness Administrative Decision: "Substantial alteration of or an addition to a landmark site or contributing site/structure where it will not have a negative impact on its contributing status . " , and; • Revise language in Section 21 .A. 34 . 020 .F.2 .a (1) H Historic Preservation Overlay District - Historic Landmark Commission: "Substantial alteration or addition to a landmark site or contributing structure/site where it may have a negative impact on its contributing status" , by removing the phrase : "where it may have a negative impact on its contributing status" The intent is that substantial alterations to a landmark site or contributing structure within a historic district would continue to be reviewed by the Historic Landmark Commission. 7 :47 :06 PM Councilmember Christensen said he would vote against the motion because he felt staff level review was sufficient and the ability to appeal to HLC provided a secondary measure . He said he was concerned about sending everything to HLC especially with the potential for adding more projects . 12 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 7 :47 :50 PM Councilmember Luke said he supported the motion but was concerned that the proposed language was too open-ended. He said he wanted staff and HLC to work together to streamline the process so projects would not be delayed unnecessarily. 7:49:27 PM Councilmember Penfold said he supported the motion but shared some of Councilmember Luke' s concerns . He said he hoped new historic districts were added and encouraged HLC to figure out a balance between what they should handle and what should be handled by City staff. He said he did not want another obstacle to historic preservation. Councilmember LaMalfa called for a roll call vote, which motion carried, all members present voted aye, except Councilmember Christensen who voted nay. (0 12-10) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7:51:08 PM 7 :51:23 PM Councilmember Garrott said he was looking forward to the downtown bike share program rollout this spring. He said the main concern was that not enough people felt comfortable riding in the streets and wanted to encourage continued efforts to create a safe environment so bikes could be moved permanently from sidewalks . Mayor Becker said the number of bike lanes had more than doubled and efforts would continue as aggressively as funds and resources were available . He said a Wasatch Front Regional Council proposal included a series of bikeway improvements which he hoped would advance efforts and asked Council Members for their ideas . 7 :54:02 PM Councilmember Penfold said people were concerned about encountering bikes at night and appreciated the Mayor' s efforts to increase visibility by providing lights . Mayor Becker said it was a big issue and it was important for drivers and cyclists to follow the rules and be respectful of each other. 7 :55:44 PM Councilmember LaMalfa said he wanted everyone to be aware that November was the tradition to "take pride in your mustache" as a reminder to raise awareness about men' s health issues including testicular and prostate cancer. He invited the Mayor to join him next November in growing a mustache. COMMENTS TO THE CITY COUNCIL 7 :57 :01 PM 12 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 Lee Anne Walker said progress had been made regarding illegal providers but she still had concerns about negative impacts from taxi reform. UNFINISHED BUSINESS #1 . RE: 8:01:50 PM Adopting a resolution authorizing a loan from Salt Lake City' s Housing Trust Fund to G, G & D Woodruff, LLC for the construction of the Brunswick Place Apartment Building at 245 South 200 East. The 30-year, $500, 000 loan at 3% simple interest per annum would be used to construct a seven-story building with 132 residential units - 127 of which would be affordable rental housing units for residents who earn 75% or less of the City' s area median income. View Attachments Councilmember Christensen recused himself. Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Resolution 44 of 2012, which motion carried, all members present voted aye, except Councilmember Christensen who was recused. (R 12-16) CONSENT AGENDA 8:01:34 PM Councilmember Garrott moved and Councilmember Penfold seconded to approve the Consent Agenda, which motion carried, all members present voted aye . #1 . RE: Setting the date of Tuesday, December 4 , 2012 at 7 : 00 p.m. to 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: View Attachments • 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 . 12 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. (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: View Attachments • 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. (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: View Attachments • 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. (0 12-11) #2 . RE: Setting the date of Tuesday, December 4 , 2012 at 7 :00 p.m. to 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 PLNPCM2012-0255 . The proposal would enable Signature Books, the property owner, 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: View Attachments • 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 12 - 9 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13 , 2012 (TSA-UC) . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Signature Books . (P 12-18) #3 . RE: Setting the date of Tuesday, December 4, 2012 at 7 :00 p.m. to accept public comment and consider adopting an ordinance to rezone properties located at approximately 548 West 300 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: View Attachments • 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. (0 12-35) #4 . RE : Approving the appointments of Matthew Allred, Kara Glaubitz , Kerri Hopkins, Linda Hunt and John Johnson to the Salt Lake City Arts Council for a term extending through July 1, 2015 . (I 12-12) The meeting adjourned at 8 : 02 p .m. Council Chair City Recorder 12 - 10 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 13, 2012 This document along with the digital recording constitute the official minutes of the Salt Lake City Council Regular Session meeting held November 13, 2012 . sc 12 - 11