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10/23/2012 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23, 2012 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 23, 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 Jill Remington Love The following Councilmember was absent: Carlton Christensen Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, 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 conducted the meeting. OPENING CEREMONY #1 . 7:05:18 PM Pledge of Allegiance. #2 . 7:05:49 PM Councilmember Love moved and Councilmember Garrott seconded to approve the minutes of Salt Lake City Council meetings held Tuesday, October 2 , 2012 and Tuesday, October 9, 2012, which motion carried, all members present voted aye. View Attachments (M 12-3) #3 . 7:06:17 PM The Mayor and Council recognized Frank Gray, Community and Economic Development Director, for his many years of service to the City. Recognition of Mr. Gray and presentation of gift from the City Council and Mayor Becker. 7 :11:45 PM Mr. Gray commented on his service with the City. #4 . 7:13:39 PM Acknowledgement of the Fairmont Neighborhood recognition as a "Great Place" by the American Planning Association. 7 :14:53 PM Eric Jensen, American Planning Association Chapter President, commented on an award given to Salt Lake City and presented the Council with a "plaque" . #5 . 7:19:05 PM Acknowledgement of the "Outstanding Achievement Award" recognizing the Wasatch Canyons Tomorrow Plan, given to the 12 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 partnership of Envision Utah, Salt Lake City, Salt Lake County, the State of Utah, Utah Transit Authority and the U. S . Forest Service. PUBLIC HEARINGS #1 . RE: 7:21:24 PM Accept public comment and consider adopting an ordinance amending sections of the Salt Lake City Code regarding demolition of buildings for parking structures pursuant to Petition No. PLNPCM2012-00264 . (Sections 21A. 30 . 020 and 21A. 44 . 050) . If adopted, the amendments would prohibit the demolition of buildings for surface parking lots in the Central Business District (D-1) . The amendments also would prohibit surface parking lots or parking structures on block corners and Main Street . Parking development would be allowed in midblock areas when constructed behind a building or 75 feet behind the front property line. View Attachments Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Councilmember Stan Penfold. Councilmember Garrott moved and Councilmember Love seconded to close the public hearing and defer action to a future date, which motion carried, all members present voted aye. (0 12-31) #2 . RE : 7:22:12 PM Accept public comment and consider 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 • 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. 12 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 Councilmember Love moved and Councilmember Luke seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (0 12-28) #3 . RE: 7:22:47 PM Accept public comment and consider 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 Dale Gardner spoke in favor of the petition and requested approval so the project could move forward. Councilmember Garrott said he felt the Council was interested in approving the proposal on the condition that all zoning code issues were resolved. Ms . Gust-Jenson said the Council received a large packet of information from the petitioner late Monday afternoon. She said staff had not had a chance to review the information with the Attorney' s Office or Planning. She said if the Council wanted to act on the proposal tonight, additional time was needed to consult with them to prepare potential options/motions . Councilmember LaMalfa moved and Councilmember Garrott seconded to close the public hearing and defer action to a later date, which motion carried, all members present voted aye . (P 12-16) #4 . RE: 7:29:55 PM Accept public comment and consider 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 pursuant to Petition Nos . PLNPCM2012-00305 and PLNPCM2012-00359 . View Attachments The proposal would modify the Central Community Future Land Use Map from Medium Density Residential to Residential Office Mixed Use . 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. 12 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 7:30:54 PM Mark Shanbrun said he owned abutting property and asked for more information about the proposal/future plans . Councilmember Simonsen asked the Administration to meet with Mr. Shanburn to address his questions/concerns . Councilmember Garrott asked Nick Tarbet, Council Policy Analyst/Constituent Liaison, to participate in the discussion with the Administration. Councilmember Garrott moved and Councilmember Love seconded to close the public hearing and defer action, which motion carried, all members present voted aye. (P 12-15) #5 . RE : 7 :33:12 PM Accept public comment and consider 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, Parks and Open Space, Sustainability and Education. View Attachments Councilmember Love moved and Councilmember Luke seconded to close the public hearing and defer action, which motion carried, all members present voted aye. (R 12-14) #6. RE: 7 :34:11 PM Accept public comment with respect to the proposed issuance of not more than $2, 000, 000 aggregate principal amount of the City' s Industrial Development Revenue Bonds, Series 2012 (Uinta Brewing Co. ) (the "Bonds") and the location and nature of the Project. The City proposes to lend the proceeds of the Bonds to Uinta Brewing Co. (the "Owner") for the purpose of financing the costs of the acquisition, construction, equipping and furnishing of an approximately 34, 000 square-foot expansion facility to be constructed on approximately 2 . 5 acres of land, to be located at approximately 1760 South Fremont Drive, in Salt Lake City, Utah, to be owned and used by the owner as a brewery and related manufacturing facilities . View Attachments Councilmember LaMalfa moved and Councilmember Love seconded to close the public hearing and adopt the resolution. 7 :34:57 PM Councilmember LaMalfa said this was a great way to expand manufacturing in industrial areas and would add jobs to the economy. He said this particular company had been a great partner in working with Salt Lake City on a variety of issues and he was glad the City could show support through this resolution. 12 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 Ms . Gust-Jenson said it came to her attention the only action needed by the Council was to close the hearing. She said there would be a future request to adopt the resolution. Councilmember LaMalfa withdrew his motion. Councilmember LaMalfa moved and Councilmember Penfold seconded to close the public hearing, which motion carried, all members present voted aye . (Q 12-8) Note: 7:36:39 PM Councilmember Luke said some members of the audience were interested in speaking to some of the ordinances being considered by the Council tonight. He said to accommodate them he asked if Council Members wanted to address "Questions to the Mayor" and "Comments to the Council" before taking further action. A majority of the Council was in favor. POTENTIAL ACTION ITEMS #1. RE: 7 :44:17 PM Adopting an ordinance regarding the proposed Salt Lake City Historic Preservation Plan pursuant to Petition No. PLNPCM2009-00171 . The Plan would be the key strategic document to guide preservation activity and inform decisions relating to budget priorities, development of incentives, master plans, zoning text and map amendments, and site specific development. Petitioner - Salt Lake City Council . View Attachments Councilmember Love moved and Councilmember Penfold seconded to adopt Ordinance 71 of 2012 , adopting the Citywide Historic Preservation Plan. 7:44:48 PM Council Members Garrott and Simonsen commented on the motion. Councilmember Simonsen called for the question, which motion carried, all members present voted aye. (T 10-3) #2 . RE : 7:47 :48 PM Adopting an ordinance modifying the process and adoption criteria for establishing new Local Historic District and Historic Landmark sites pursuant to Petition No. PLNPCM2011-00723 . The proposal would: View Attachments • Clarify the types of designations that can be approved: o Landmark Sites . o Geographic-based Historic District . o Thematic Based Historic Districts . 12 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 • Clarify who can initiate a petition to designate a new local historic district: o The Mayor. o A majority of City Council Members . o A property owner with support from a certain percentage of the total number of property owners within the proposed district. • Define the staff review process . • Outline how to assist gauging the level of property owner support for creation of a new local Historic District. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. Councilmember Luke moved and Councilmember Love seconded to adopt Ordinance 72 of 2012 , to change the process and adoption criteria for the designation of new local historic districts and historic landmark sites including amendments recommended by the Council . 7 :48:14 PM Councilmember Luke said this new process was a substantial shift from the current ordinance and changed how Local Historic Districts (LHD) and Character Conservation Districts (CCD) would be created moving forward. He said this proposal would provide a clearly defined process that gave property owners an opportunity to vote for or against a proposed LHD or CCD in their neighborhood. He strongly encouraged the Administration/Council to require signatures from 15% of property owners within those designated sites before initiating an HLD or CCD process . Councilmember Luke said only neighborhood ballots marked "yes" or "no" would be counted. He said blank ballots or ballots containing other information would not be counted and would not alter the "yes"/"no" vote total . He said votes from five Council Members would be required in order to overturn a vote . He said a lot of discussion and hard work went into developing these ordinances which he felt created a fair process that gave property owners an opportunity to vote for or against an historic and/or character designation in their neighborhood. 7 :50:49 PM Councilmember Simonsen said 15% was a high threshold to initiate a petition which he felt would go a long way toward ensuring historic districts would be successful . He said he viewed historic districts as preserving a resource which told a story about the entire community and hoped they would continue to grow and develop in the City. 12 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 7:52:21 PM Councilmember Garrott asked about including language in the motion regarding a memo from the City Attorney' s Office about how votes would be counted. Lynn Pace, Deputy City Attorney, said he felt one element of the ordinance was not sufficiently clear regarding how ballots would be treated should they be returned blank or where a voter wanted to abstain. He said it was important to remember that only "yes" and "no" votes would be counted. He said the Council could adopt a LHD or CCD with a simple majority vote if a majority of "yes" votes was obtained from the neighborhood. He said otherwise, a super majority vote of the Council was needed. Councilmember Garrott asked if that was Councilmember' s Luke intention in the motion. Councilmember Luke said yes . Councilmember Simonsen called for the question, which motion carried, all members present voted aye, except Councilmember Garrott, who voted nay. 7 :53:32 PM Councilmember Luke moved and Councilmember Garrott seconded that the Council request that the Administration explore an opt-in historic district designation process for individual properties as an additional option to the local historic district and landmark site designation process and report back to the Council within two months . 7 :53:57 PM Councilmember Luke said this motion would provide an additional preservation tool which would allow interested property owners to obtain historic designation through a streamlined process . 7 :54:56 PM Councilmember Love asked if Councilmember Luke would consider amending the motion by changing the word "develops" to "explore" . She said she thought this was an interesting idea but felt more discussion was needed to work through the process before giving the Administration direction to move ahead with development. 7 :55:36 PM Councilmember Luke said he would accept the amendment as long as Planning understood this was something the Council was very interested in looking at . He said in two months, the Council would have a good idea as to whether or not something like this was feasible . 7 :56:12 PM Council Members discussed various aspects of the motion including minimum size-one per block face, clarify intention regarding single or multiple property owners, create some type of mechanism for owners to opt-in utilizing a streamlined process if their property met current designation standards, properties listed/recorded as historic would retain designation when transferred to new ownership and 12 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23, 2012 properties already listed on the National Historic Register would still be eligible for local designation/incentives . 7 :58:25 PM Councilmember Luke said the motion was intended to request that Planning staff look at several options and come back to the Council within two months and talk about those options . He said Planning was familiar with the issues and understood what the Council was looking for. He said Planning staff and Council needed to work together to share suggestions/concerns . Councilmember Simonsen called for the question, which motion carried, all members present voted aye, except Council Members LaMalfa and Garrott who voted nay. (P 12-13) #3 . RE : 8:02:09 PM Adopting an ordinance creating a Character Conservation Overlay Zoning District and related zoning regulations pursuant to Petition No. PLNPCM2011-00473 . The purpose of a Character Conservation Overlay Zoning District is to: View Attachments • Protect desirable and unique physical features and design characteristics . • Promote economic revitalization. • Enhance the livability of the City. • Reduce conflict caused by incompatible development and promote compatible development. • Provide a planning tool for future developments . • Stabilize property values . • Retain affordable housing. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker. Councilmember Luke moved and Councilmember Love seconded to adopt Ordinance 73 of 2012 , establishing a Character Conservation Overlay Zoning District including amendments recommended by the City Council . 8:02:33 PM Councilmember Luke said the CCD proposal was nearly identical to the LHD designation and previous comments applied. 8:03:02 PM Councilmember LaMalfa said he looked forward to the proposal which he felt provided a lot of opportunity for creativity in recognizing distinctive City attributes which might not be historical in nature . Councilmember Simonsen called for the question, which motion carried, all members present voted aye . 12 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23, 2012 (P 12-14) #4 . RE: 8:03:42 PM 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 following items : View Attachments • 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 . Councilmember Garrott moved and Councilmember Penfold seconded to adopt Ordinance 74 of 2012 , changing the City' s zoning regulations to update and provide clarity to the City' s Historic Preservation Overlay regulations including recommendations made by the Planning Commission as outlined in Planning' s memo dated July 18, 2012 , Attachment "A" . These changes include striking the language originally proposed in the ordinance regarding special exceptions, 21A.34 . 020F.2 .a (7) and removing the word "deny" in 21A.34 . 020F. 1 . f. He said the motion included changing the City' s regulations to update and provide clarity in the City' s Preservation Overlay regulations as recommended in the Historic Landmark Commission including review of substantial alterations or additions to landmarks and contributing structures where it may have a negative impact on its contributing status shall remain in the Historic Landmark Commission, which motion carried, all members present voted aye . (0 12-10) #5 . RE: 8:05:53 PM Adopting an ordinance amending Section 21A. 46. 120, Salt Lake City Code, to create a sign overlay district for Library Square pursuant to Petition No . PLNPCM2011-00451 . The proposal would allow businesses at Library Square, the Library and The Leonardo to place permanent and temporary exterior signs around the facilities in accordance with standards set in the ordinance . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Becker . View Attachments 12 - 9 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23, 2012 Councilmember Garrott moved and Councilmember LaMalfa seconded to adopt Ordinance 75 of 2012 , pursuant to Petition No. PLNPCM2011-00451 with the following amendments, that the words "as a library" be inserted in the second sentence of footnote No. 5 so the sentence reads, "For those buildings where the majority of the building is utilized as a library these types of signs are not allowed. " and that the last sentence of endnote No. 5 which reads : "All window signs must be applied to the interior side of the window, " be deleted from the text. With these amendments, the full text of footnote No. 5 will read: "Amount only allowed on buildings where the majority of the building houses a museum. For those buildings where the majority of the building is utilized as a library these types of signs are not allowed. " 8:07 :12 PM Councilmember Garrott said he thought all parties had been accommodated and he felt comfortable with outside lettering at the Leonardo building given the limitations that currently exist in the ordinance about how much that could cover. 8:07 :49 PM Councilmember LaMalfa said the proposal would allow the café at the Leonardo to have an outside sign to attract customers . Councilmember Simonsen called for the question, which motion carried, all members present voted aye . (0 12-30) #6 . RE: 8:08:15 PM Adopting an ordinance enacting Chapter 2 . 69, Salt Lake City Code, authorizing opinion questions to be submitted to the voters of Salt Lake City and establishing related procedures . Petitioner - Salt Lake City Council . View Attachments Councilmember LaMalfa moved and Councilmember Penfold seconded to adopt Ordinance 76 of 2012 , enacting Chapter 2 . 69, Salt Lake City Code, authorizing opinion questions to be submitted to voters of Salt Lake City and establishing related procedures . 8:08:49 PM Councilmember Garrott said he appreciated the work that had been done to open this up for citizens in the future . He said this was not about one petition but was about the ability of citizens in Salt Lake City and hopefully in other municipalities to express non-binding opinions on issues that as citizens they should be allowed to make . He said this would be an effective tool for citizens to express opinions and for the City to use to measure those opinions . He thanked "Move to Amend" and others who had participated in the process . 12 - 10 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 8:10:19 PM Councilmember LaMalfa said he felt the grassroots campaign "Move to Amend" undertook brought people together and strengthened the community. He said the results were surprising and looked forward to seeing this on the ballot and exercising his rights to opinion in the City. 8:11:11 PM Councilmember Simonsen thanked "Move to Amend" volunteers for their efforts . He said he spent some time gathering signatures and was discouraged when the Council was not able to put this on the ballot. He said he hoped there would be a motion to move forward with legislative intent language to work with the State Legislature to remove barriers and allow this to become a full ballot initiative . He said he felt this was a tool that would allow citizens to bring important questions that could result not only in changing laws, but gathering opinions that could help inform decision makers . Councilmember Simonsen called for the question, which motion carried, all members present voted aye. (0 12-26) #7 . RE: 8:12:39 PM 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, Parks and Open Space, Sustainability and Education. a. Adopting a resolution regarding a philosophy statement on Sustainability. Councilmember Simonsen said he understood the revised statements discussed in the Work Session were in front of the Council and asked for a motion. View Attachment Councilmember Garrott moved and Councilmember LaMalfa seconded to adopt Resolution 38 of 2012, containing the latest revisions, which motion carried, all members present voted aye . (R 12-10) b. Adopting a resolution regarding a philosophy statement on Parks and Open Space. View Attachment Councilmember Garrott moved and Councilmember Penfold seconded to adopt Resolution 39 of 2012, containing the latest revisions. 8:14:19 PM Councilmember Simonsen said approximately one year ago the Council held a retreat that focused on some overarching policy statements that would help guide decision makers in Salt Lake City. He said six of seven statements had been adopted and thanked the 12 - 11 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 Council for their diligence . Councilmember Simonsen called for the questions , which motion carried, all members present voted aye . (R 12-13) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7:37:16 PM Councilmember LaMalfa said he attended a Jordan River Commission fundraiser where items were donated to help raise money for their cause . He said for a small donation, he acquired a bike ride with Mayor Becker which was marked as a priceless possession . He asked if the Mayor' s new bike share program had a tandem bike that he could ride with the Mayor. Mayor Becker said he appreciated Councilmember LaMalfa' s donation and would make arrangements for a bike. COMMENTS TO THE CITY COUNCIL 7 :39:18 PM 8:15:19 PM Note: Additional comments were taken on this issue. Virginia Lee, Elise Lazar, Giles Larsen and Ryan Pleune spoke or submitted written comments in support of the opinion questions ordinance . Comments included enabling City residents to protest, increased opportunities to participate in the system and express resolve to preserve, protect and defend constitutional democracy. Lee Ann Walker expressed concerns about changes made to the transportation industry, oversights for wheelchair accessible vans and competition from illegal providers . NEW BUSINESS #1 . RE : 8:23:04 PM Adopting a resolution authorizing the Mayor to sign an interlocal cooperation agreement with Utah Transit Authority, Salt Lake City Corporation, Lehi City, City of South Salt Lake, Murray City, Sandy City, South Jordan City, Draper City, Bluffdale City, American Fork City, Vineyard Town, Orem City and Provo City for the creation of the Commuter Rail Frontrunner South Quiet Zone. View Attachments Councilmember LaMalfa moved and Councilmember Penfold seconded to Suspend the Rules and adopt Resolution 40 of 2012 . 8:23:40 PM Councilmember LaMalfa said he benefited from living in a quiet zone and felt those living close to FrontRunner would appreciate this action. 12 - 12 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 Councilmember Simonsen called for the question, which motion carried, all members present voted aye. (C 12-667) UNFINISHED BUSINESS #1 . RE: 8:24:27 PM Authorizing the Issuance and the Sale of Water and Sewer Improvement and Refunding Revenue Bonds : View Attachments a. Adopting a parameters resolution authorizing the issuance and sale of up to $30,000 , 000 aggregate principal amount of the City' s water and sewer improvement and refunding revenue bonds, in one or more series, to finance all or a portion of certain improvements, facilities and property that will be part of the City' s water, sewer and stormwater system and to refund in advance of their maturity certain of the City' s currently outstanding water and sewer revenue bonds . b. Setting the date of Tuesday, November 13, 2012 at 7 : 00 p.m. (included as part of the parameters resolution) to receive public input 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. Councilmember Garrott moved and Councilmember Penfold seconded to adopt Resolution 41 of 2012 and set the date of Tuesday, November 13, 2012 at 7 : 00 p.m. to receive public input, which motion carried, all members present voted aye. (Q 12-9) #2 . RE: 8:25:04 PM Adopting a resolution approving the List of Prioritized Optional Elements for the New Performing Arts Center. The list is designed to give appropriate design guidance to the Administration and the architects regarding the future development of the project. View Attachments Councilmember Penfold moved and Councilmember Love seconded to adopt Resolution 42 of 2012, which motion carried, all members present voted aye . (R 12-15) #3 . RE: 8 :25:34 PM Adopting an ordinance updating the Salt Lake 12 - 13 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 Criminal Code and some camping related ordinance revisions in the Salt Lake City Code . The proposal would repeal the City' s criminal code provisions that duplicate Utah statutes . The City Prosecutor' s Office, City Attorney' s Office and Police Department have concluded that some duplicate provisions are not necessary. View Attachments Councilmember Garrott moved and Councilmember Penfold seconded to adopt Ordinance 77 of 2012 . 8:26:29 PM Councilmember LaMalfa asked if camping in parking strips/medians was resolved by this revision. Martha Stonebrook, Police Department Legal Advisor, said yes . She said definitional terms were modified to show park-strips/medians were part of streets/sidewalks which would facilitate better enforcement . She said the City also had curfews in parks, etc. to preclude people from staying overnight. Councilmember Simonsen called for the question, which motion carried, all members present voted aye. (0 12-32) #4 . RE: 8:29:52 PM Adopting a resolution which includes the remaining Capital Improvement Program (CIP) allocations for Fiscal Year 2012-13 . Note : Capital improvements involve the construction, purchase or renovation of buildings, parks, streets or other physical structures . Generally, projects have a useful life of five or more years and cost $50, 000 or more. View Attachments Councilmember Garrott moved and Councilmember LaMalfa seconded to adopt Resolution 43 of 2012, allocating the remaining fiscal year 2012-2013 Capital Improvement Program budget for Salt Lake City according to the attached schedule and with the special conditions as listed below (including two legislative intent statements) : 1 . CAM Set Aside - Item 10 (Debt Service Category) - The remainder of the FY 1012-13 CAM set aside funds, plus a portion of the new growth funds, which totals $1 . 5 million be saved for the Sugar House Streetcar project . The intent of the additional funds is to help finance the cost of extending the Sugar House streetcar to the west side of 1100 East. 2 . Urban Forestry Management - Item 24 (General Fund CIP Category) - That the $100, 000 request for Phase 1 of the Urban Forestry Management Plan be authorized on the condition that the draft scope of the project be brought back for Council review and authorization prior to expenditure of funds . 12 - 14 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 3. 1300 South Viaduct - Item 2 (Class "C" Category) - That a complete streets approach be taken to address all modes of transportation across the bridge . The final design should consider the items below, and the Administration should bring back modifications to the cross-section design for approval by the City Council . a. Proximity to interchanges . b. High percentage of truck traffic. c. Need for pedestrian and bicycle facilities . d. Incorporation of an 8 ' shared sidewalk/bike path on the south and a 7 ' bike lane/shoulder on the north. e . Final design considers an aesthetic separation between pedestrians and auto traffic on the south side . 4 . Traffic Calming Proposal - (Council Added Projects Category) - That the $88, 512 be used in the spirit of "Lighter, Quicker, Cheaper" (LQC) for traffic calming proposals . These traffic calming devices should be temporary, movable, and can be used Citywide. 5 . Lighter, Quicker, Cheaper (LQC) - Neighborhood Type Grants - That the $90, 000 be used for neighborhood-scale LQC projects, including small commercial business projects located in neighborhoods . The funds would be split based on one or more of the following or other criteria determined by the Council : (Note: The Council may wish to discuss this and/or other criteria at a separate briefing. ) a. The $90, 000 to be shared equally ($12, 857) among the seven council districts . b. The Council supports a simple and basic application process (also Lighter/Quicker/Cheaper) , with the details and timelines to be determined by the Administration and approved by the Council . c. The Council encourages neighborhood based organizations (community councils) , business associations/organizations, and other community groups to submit proposals/applications for the use of these funds . d. The intent of the LQC funds is to provide funding for projects that: 1) Contribute to the quality of life in neighborhoods including, but not limited to safety, community building, emergency preparedness, gatherings, etc. 2) Promote the concept of placemaking and neighborhood identity. 3) Encourage and promote neighborhood gatherings and 12 - 15 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 community building. 4) Support the Council' s philosophy statements for the seven priority areas . 6. Proactive Sidewalk Repair/Deteriorated Concrete - The $200, 000 additional funding for sidewalk repair was for a proactive approach to address repairs to sidewalks Citywide . The Administration would repair sidewalks based on Administration' s criteria, including addressing repairs where incidents have occurred, there is high pedestrian traffic flow, there is extreme uplifting, etc. Legislative Intents , Council Policy Statements, and/or conditions regarding the allocation: 1 . 1300 South Viaduct - Item 2 (Class "C" Category) - It is the intent of the Council that the Administration study, develop and propose evacuation/emergency routes for all City neighborhoods as part of the City' s Emergency Preparedness Plans . 2 . Council Policy Statement (CDBG and CIP Funds) - It is the Council' s policy to view the Community Development Block Grant (CDBG) and Capital Improvement Program (CIP) funds separately. CDBG funds are used in CDBG eligible areas and CIP funds can be used Citywide, including in CDBG eligible areas . CDBG funds are considered supplement funding for eligible areas . Councilmember Simonsen called for the question, which motion carried, all members present voted aye. (T 12-3) CONSENT AGENDA 8:37:45 PM Councilmember Garrott moved and Councilmember Luke seconded to approve the Consent Agenda, which motion carried, all members present voted aye . #1 . RE : Adopting Ordinance 78 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. 2, known as L02 ("District L02") ; establishing the effective date of the 2012 Assessment Ordinance; providing for a procedure to contest an assessment; and related matters . View Attachments (Q 12-10) #2 . RE: Setting the date of Tuesday, November 27 , 2012 at 7 : 00 12 - 16 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 p.m. to accept public comment and consider adopting an ordinance amending the Final Budget of Salt Lake City, including the employment staffing document, for Fiscal Year 2012-13 . Budget amendments happen several times each year to reflect adjustments to the City' s budgets, including proposed project additions and modifications . This amendment contains a number of proposed adjustments to the FY 2012-13 budget, including: View Attachments • Two recommended Fire Department studies; one study for Fire Station No. 3 in Sugar House, and one to review current service levels and assist in the development or modification of service levels to ensure safe and effective responses for fire suppression, emergency medical services and specialty response situations . • Study for a crime lab and evidence storage facility. • Wetland mitigation at the Regional Athletic Complex. • Mid-year adjustments for the Salt Lake Valley Solid Waste Management Facility (the "Landfill") . • Changes to the scope and funding for the remodel of the City' s Plaza 349 building. A full list of the proposed adjustments can be found in the Administration' s paperwork. (Budget Amendment No. 1) (B 12-10) #3. RE: Setting the date of Tuesday, November 13, 2012 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance regarding a petition by Thomas A. Wolff to narrow Hot Springs Road right-of-way Duluth Avenue and 1500 North adjacent to his property pursuant to Petition No . PLNPCM2008-00294 . The proposal would also close a portion of the alley adjacent to his property. The petitioner would pay fair market value for the property per City guidelines . (P 12-17) View Attachments #4 . RE : Approving the appointment of Mike McKee to the Golf Enterprise Fund Advisory Board for a term extending through July 18, 2016 . (I 12-2) #5 . RE: Approving the appointment of Andrea Olson to the Transportation Advisory Board for a term extending through September 29, 2014 . (I 12-8) #6 . RE: Approving the appointment of Marilyn Pearson to the Housing Trust Fund Advisory Board for a term extending through December 29, 2014 . 12 - 17 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 23 , 2012 (I 12-21) The meeting adjourned at 8 : 52 p .m. Council Chair City Recorder This document along with the digital recording constitute the official minutes of the Salt Lake City Council Regular Session meeting held October 23, 2012 . sc 12 - 18