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11/22/2011 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 22 , 2011 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 22, 2011 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 Van Turner Stan Penfold Jill Remington Love Luke Garrott Soren Simonsen J T Martin Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, City Council Deputy Director; Edwin Rutan, City Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff; and Beverly Jones, Deputy City Recorder; were present. Councilmember Love presided at and Councilmember Martin conducted the meeting. OPENING CEREMONY #1 . 7 : 07 :28 PM The Council led the Pledge of Allegiance. #2 . 7 : 08 : 05 PM Adopting a joint resolution with Mayor Becker in observation of December 1, 2011 as World Aids Day. View Attachment Councilmember Penfold moved and Councilmember Love seconded to adopt Resolution 52 of 2011, which motion carried, all members voted aye . (R 11-1) #3 . 7 : 12 : 19 PM Councilmember Turner moved and Councilmember Simonsen seconded to approve the Salt Lake City Council minutes for Tuesday, November 1, 2011 and Tuesday, November 15, 2011, which motion carried, all members voted aye . View Attachments (M 11-3) PUBLIC HEARINGS #1 . 7 : 13 : 09 PM RE : (a) Accept public comment and consider adopting a resolution issuing up to $18 million in subordinate excise tax revenue notes for the purpose of financing a portion of the cost of acquiring, constructing and equipping a proposed performing arts center. (The Administration proposed to issue up to $18 million in sales tax revenue notes to pay for the final design and other non- construction costs of a proposed performing arts center. If construction of the center ultimately is approved, the notes would be repaid from a larger issue of bonds . If construction does not proceed, 11 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 22 , 2011 the sales tax revenue notes would be repaid through other sources . ) (Relates to Budget Opening No. 3) View Attachments The following spoke or submitted hearing cards in support of the proposed performing arts center: Jeffrey Berke; Natalie Gochnour; Bryce Baker; Megan Pedersen; Joe Muscolino; Larry Holder; Jason Mathis, Executive Director of the Downtown Alliance; Jeff Edwards , President and CEO of Economic Development Corporation of Utah; Michael Braxton; Steve Boulay; Michael Fife; Safia Keller; Dave Winder; Kurt Bestor; Kathy Lustica; David Rooker; Kristy Maple and Joey Nielson. The following spoke in opposition to the proposed performing arts center: Ashley Anderson; John Allen Shaw; Barbara Bannon and Roger Jones. Councilmember Love moved and Councilmember Simonsen seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (Q 11-9) RE: (b) Accept public comment and consider adopting an ordinance amending Ordinance 50 of 2011 which adopted the final budget of Salt Lake City, Utah for the Fiscal Year 2011-2012 . Budget amendments happen several times each year to reflect adjustments to the City' s budgets, including proposed project additions and modifications . This budget amendment related to a request to fund design of the proposed Utah Performing Arts Center. (Budget Amendment No. 3) See above action. (B 11-8) #2 . RE : 7 : 53 :23 PM Accept public comment and consider adopting an ordinance amending Ordinance 50 of 2011 which adopted the final budget of Salt Lake City, Utah for the Fiscal Year 2011-2012 . Budget amendments happen several times each year to reflect adjustments to the City' s budgets, including proposed project additions and modifications . This amendment includes items related to the implementation and purchase of Parking Pay Stations, way-finding signs in the downtown area, the Fleet budget and some grants . (Budget Amendment No. 2) View Attachments Hank Liese and Leslie Kelen encouraged the Council' s support for a one time appropriation for This Light of Ours: Activists, Photographers of the Civil Rights Movement. 11 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 22 , 2011 Councilmember Penfold moved and Councilmember Garrott seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (B 11-10) #3 . RE : 7 : 58 : 33 PM Accept public comment and consider adopting an ordinance proposing changes to the City' s zoning regulations transferring the approval authority for Special Exceptions from the Board of Adjustment to the Planning Commission or the Historic Landmark Commission (for Special Exceptions located in a Historic Preservation Overlay Zoning District) . The zoning regulations define Special Exceptions as a use that is incidental to or in addition to the principal use (such as a home occupation or outdoor dining as part of a restaurant) , or an adjustment to a specific dimension standard (such as modifications to height, yard area or fence height) that have less impact than a conditional use, but which require a careful review of building location, design or potential impacts on the surrounding neighborhood pursuant to Petition No. PLNPCM2010-00785 . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker) View Attachments Ira Hinckley submitted a hearing card but did not wish to speak. 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 . (P 11-12) #4 . RE: 7 :59: 46 PM Accept public comment and consider adopting an ordinance changing the City Code including the City' s zoning regulations to eliminate the Board of Adjustment and the Land Use Appeals Board as land use appeal authorities and replacing the boards with an appointed professional hearing officer. The hearing officer would review and make decisions relating to variance applications, appeals of Administrative, Planning Commission and Historic Landmark Commission decisions . The intent is to provide a more streamlined and consistent appeal process for land use decisions and reduce the expenditure of City funds and staffing resource pursuant to Petition No. PLNPCM2010-00312 . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Mayor Ralph Becker) View Attachments Councilmember Simonsen moved and Councilmember Turner seconded to close the public hearing. 11 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 22 , 2011 Councilmember Simonsen said the Council had received a letter from Gardiner Properties regarding this item and asked that the letter be entered into the record. See File P 11-11 for letter. Councilmember Martin called for the question, which motion carried, all members voted aye . (P 11-11) #5. RE: 8 : 00 : 47 PM Accept public comment regarding the issuance and sale of up to $2,000,000 aggregate principal amount of general obligation bonds of the City for purposes of acquiring and preserving open space, park and recreational lands and the potential economic impact that such projects will have on the private sector. View Attachments Councilmember Simonsen moved and Councilmember Penfold seconded to close the public hearing, which motion carried, all members voted aye . (Q 11-6) UNFINISHED BUSINESS #1 . RE: 8 : 02 : 53 PM Adopting a resolution establishing a Citywide Preservation Program Philosophy Statement. This is part of the request from the Administration to clarify and promote Salt Lake City' s historic preservation goals . Other components of the program include improvement of the Citywide Preservation Plan and preservation policy statements and providing tools and projects to implement the City' s preservation goals . View Attachments Councilmember Garrott moved and Councilmember Penfold seconded to adopt Resolution 53 of 2011, which motion carried, all members voted aye . (T 11-7) #2 . RE: 8 : 03 : 52 PM Adopting a joint resolution with the Mayor supporting waste reduction and diversion practices for Salt Lake City and identifying new goals to divert more waste from the Landfill . View Attachments Councilmember Penfold moved and Councilmember Turner seconded to adopt Resolution 54 of 2011, which motion carried, all members voted aye . (R 11-16) #3 . RE : 8 : 04 : 44 PM Adopting an ordinance revising the City' s wastewater pre-treatment ordinance. The purpose of the pretreatment 11 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 22, 2011 program is to prevent introduction of pollutant into the City' s wastewater system. The changes are mostly required by the State Department of Environmental Quality and may affect some businesses with discharge permits . (Changes would affect Salt Lake City Code Chapters 17 . 32, 17 . 36, 17 . 52, 17 . 68 and 17 . 69 . ) View Attachments Councilmember Simonsen moved and Councilmember Turner seconded to adopt Ordinance 68 of 2011, which motion carried, all members voted aye . Councilmember Penfold moved and Councilmember Christensen seconded to move that it was the intent of the Council that Council staff collaborate with the Administration to draft ordinance amendments to Sections of the City Code governing the waste water, storm water and water utilities to require that for circumstances where authority is delegated to the department rules established and basis for such rules be in writing available to the public and be established through the Administrative public process that includes a public comment period, which motion carried, all members voted aye . (0 11-24) #4 . RE: 8 : 07 : 55 PM Adopting an ordinance allowing parking enforcement officers to ride bicycles on sidewalks in downtown Salt Lake City. (An ordinance amending Section 12 . 80 . 160, Salt Lake City Code, relating to the central traffic district bicycle riding restriction. ) View Attachments Councilmember Penfold moved and Councilmember Simonsen seconded to adopt Ordinance 69 of 2011, which motion carried, all members voted aye . (0 06-4) #5 . RE: 8 : 09 : 04 PM The Board of Canvassers, which includes the Mayor and City Council, will Canvass and Declare the Results of the Municipal General Election held on Tuesday, November 8, 2011 . The election was held for the offices of Mayor and Council Members for Council Districts 2, 4 and 6 . The term for each of these positions is four years . View Attachments Councilmember Garrott moved and Councilmember Simonsen seconded to recess as the City Council and convene as the Board of Canvassers , which motion carried, all members voted aye . Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Resolution 55 of 2011 , which motion carried, all members voted aye . 11 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 22, 2011 Councilmember Garrott moved and Councilmember Penfold seconded to adjourn as the Board of Canvassers and reconvene as the City Council, which motion carried, all members voted aye . (U 11-2) #6 . RE: 8 : 11 : 04 PM Adopting various resolutions for the organization of the Local Building Authority of Salt Lake City, Utah, including appointing and authorizing officers to execute documents on behalf of the Authority, adopting Bylaws, setting regular meetings of the Board of Directors, providing for fiscal procedures and procurement and related matters . View Attachments Councilmember Christensen moved and Councilmember Turner seconded to recess as the City Council and convene as the Board of Directors of the Local Building Authority, which motion carried, all members voted aye . Councilmember Christensen moved and Councilmember Garrott seconded to adopt Resolution 45 of 2011 , suspending the normal rules of order and appoint the persons to the designated offices indicated in the resolution, which motion carried, all members voted aye . Councilmember Christensen moved and Councilmember Penfold seconded to adopt Resolution 46 of 2011 , adopting the bylaws presented to the Board at this meeting as the Bylaws of the Authority, which motion carried, all members voted aye . Councilmember Christensen moved and Councilmember Turner seconded to adopt resolutions relating to Items D through H on the agenda, as such resolutions are set forth in the proceedings before the Board; • Resolution 47 of 2011 authorizing officers to execute certain documents on behalf of the Authority • Resolution 48 of 2011 regarding the holding and giving notice of regular meetings of the Board • Resolution 49 of 2011 authorizing all actions required to comply with the Fiscal Procedures for Local Districts Act; • Resolution 50 of 2011 authorizing the Authority to acquire property and services and the procedures therefore; and • Resolution 51 of 2011 ratifying certain actions; • which motion carried, all members voted aye . (R 11-15) 11 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 22, 2011 #7 . (a) 8 : 14 : 00 PM Adopting a resolution adopting the tentative budgets of the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal Year 2011-2012 . (Potential funding for the Glendale Branch Library) View Attachments Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 56 of 2011 adopting the tentative budgets for the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal Year 2011/2012 which was in regards to the potential funding for the Glendale Branch Library, which motion carried, all members voted aye . (B 11-9) #7 . (b) 8 : 14 : 48 PM Setting the date of December 6, 2011 at 7 : 00 p.m. to accept public comment and consider a resolution adopting the final budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal Year 2011-2102 . (Potential funding for the Glendale Branch Library) Councilmember Christensen moved and Councilmember Penfold seconded to set the date of December 6, 2011 at 7 : 00 p.m. to accept public comment and consider a resolution adopting the final budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for the Fiscal Year 2011-12 , which motion carried, all members voted aye . Councilmember Christensen moved and Councilmember Turner seconded to adjourn as the Board of Directors of the Local Building Authority and reconvene as the City Council, which motion carried, all members voted aye . (B 11-9) CONSENT AGENDA 8 : 16 : 00 PM Councilmember Simonsen moved and Councilmember Penfold seconded to approve the Consent Agenda, which motion carried, all members voted aye . #1 . RE: Setting the date of Tuesday, December 6, 2011 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance revising and amending the Salt Lake City Consolidated Fee Schedule and an ordinance amending applicable provisions within Chapter 8 . 04, Salt Lake City Code, pertaining to animal control, to remove limits on the number of dogs and cats owned by individuals; to require the prevention and abatement of nuisances associated with keeping dogs and cats, including but not limited to noise and odor; to allow the animal services director to waive late fees or extend licensing deadlines in 11 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 22 , 2011 individual cases as appropriate; and to require the licensing of cats (including an increase to pet licensing late penalties, Section 8 . 04 . 521, Salt Lake City Code, Appendix A. ) (0 09-3) #2 . RE: Setting the date of Tuesday, December 6, 2011 at 7 :00 p.m. to accept public comment and consider adopting an ordinance requesting to rezone the parcels located within Columbus Court Planned Unit Development (PUD) , approximately 700 North Columbus Court, from Foothills Residential (FR-2) to Single Family Residential (R-1/5, 000) pursuant to Petition No. PLNPCM2011-00091 . The purpose is to subdivide the existing lots into 12 smaller lots . (Petitioner Ensign Foreground LC. ) (P 11-14) #3 . RE: Setting the date of Tuesday, December 6, 2011 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance changing the City' s zoning regulations allowing accessory dwelling units in single-family and multi-family zoning districts currently being considered by the City Council pursuant to Petition No . PLNPCM2010-00612 . The intent is to provide a broader mix of housing opportunities in existing neighborhoods that address changing family needs, economic conditions, smaller household sizes and increase efficient 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. ) View Attachments #4 . RE: Setting the date of Tuesday, December 6, 2011 at 7 :00 p.m. to accept public comment and consider adopting an ordinance adopting the budget for the Solid Waste Management Facility, the "Landfill" . The Landfill is owned by Salt Lake County and the City and the budget is prepared and submitted by the Salt Lake Valley Solid Waste Management Council for 2012 . View Attachments (B 12-3) #5. RE: Setting the date of Tuesday, December 6, 2011 at 7 : 00 p.m. to accept public comment and consider adopting a resolution and an ordinance relating to the planned project to build a two-mile street car line at about 2200 South between McClelland Street (1050 East) and the Utah Transit Authority Central Pointe TRAX Station at 221 West 2100 South. View Attachments • The first item is a resolution proposing an interlocal agreement among Salt Lake City, South Salt Lake and UTA that would govern each city' s and UTA' s responsibilities to build and operate a streetcar line along the two-mile corridor. 11 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 22 , 2011 (C 11-777) • The other item is an ordinance proposing a budget amendment to identify revenue and allocate Salt Lake City' s share of the project. (B 11-11) #6 . RE : Requesting that the Administration NOT hold a hearing at 6 : 30 p.m. on Tuesday, December 6, 2011 regarding the proposed exchange of property located at approximately 34 South 1000 West with property from Questar Gas Company. The exchange will facilitate the construction and alignment of the Folsom Avenue Storm Drain project. View Attachments (W 11-4) #7 . RE: Approving the reappointment of Mathew Wirthlin to the Planning Commission for a term extending through July 1, 2015 . (I 11-21) #8 . RE : Approving the appointment of K. Marie Taylor to the Planning Commission for a term extending through July 1, 2015 . (I 11-21) #9 . RE: Approving the appointment of Clarke Ruttinger to the Planning Commission for a term extending through July 1, 2015 . (I 11-21) #10 . RE: Approving the appointment of Bernardo Flores-Sahagun to the Planning Commission for a term extending through July 1, 2015 . (I 11-21) The meeting adjourned at 8 : 16 p.m. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held November 22, 2011 . bj 11 - 9