The City Council met in Work Session on Tuesday, October 23, 2012, at 2:00 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members Carlton Christensen, Stan Penfold, Kyle LaMalfa, Luke Garrott, Jill Remington Love, Charlie Luke and Søren Simonsen.
Also In Attendance: Cindy Gust-Jenson, Executive Council Director; David Everitt, Mayor’s Chief of Staff; Lynn Pace, Deputy City Attorney; Russell Weeks, Council Senior Policy Analyst; Karen Halladay, Council Policy Analyst; Wilford Sommerkorn, Planning Director; Joel Paterson, Planning Manager; Ray Milliner, Principal Planner; Janice Lew, Senior Planner; Carl Leith, Senior Planner; Orion Goff, Building Official; Cheri Coffey, Assistant Planning Director; Neil Lindberg, Council Attorney; Frank Gray, Community and Economic Development Director; Michaela Oktay, Principal Planner; Dan Weist, Council Communications Coordinator; and Scott Crandall, Deputy City Recorder.
Councilmember Simonsen presided at and conducted the meeting.
The meeting was called to order at 2:07 p.m.
AGENDA ITEMS
#1. 2:07:14 PM RECEIVE BRIEFINGS REGARDING PROPOSED DESIGN GUIDELINES FOR RESIDENTIAL PROPERTIES, COMMERCIAL PROPERTIES AND SIGNS IN THE CITY’S HISTORIC DISTRICTS AND LANDMARK SITES. These guidelines have been developed to provide property owners, residents, City staff and the Historic Landmark Commission guidance in the careful treatment of the City’s historic resources. The guidelines recognize that change is inevitable in order for historic buildings and historic districts to remain vital parts of the City. The guidelines are advisory in nature and are intended to help evaluate and interpret the general preservation design standards in the City’s zoning regulations.
a. Residential View Attachments
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 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:
•Preservation principles.
•Background on the history and architectural development of the City.
•How usage of the guidelines for rehabilitation and new construction projects and addressing unique circumstances for specific projects.
Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker.
Joel Paterson, Janice Lew, Carl Leith, Cheri Coffey and Ray Milliner briefed the Council with handouts. Discussion included negative comments on Open City Hall, unclear guidelines, increased public acceptance and compliance, consistency with preservation plan, minor details handled administratively, flexibility to find solutions, local financial incentives, interpretation of standards versus guidelines and consistency needed throughout entire permit process.
Mr. Leith said the historic preservation website would be redesigned to provide better public access and online preservation newsletters would focus on specific projects/topics. He said the City’s List-Serve and local neighborhood street fairs/events would also be used to disseminate information.
Councilmember Garrott asked the Administration to find creative ways to increase public acceptance/compliance to encourage citizens to legally remodel homes/structures.
Councilmember Penfold said he wanted the Administration to help applicants explore alternative ways to get their projects approved Administratively.
b. 3:21:16 PM Commercial View Attachments
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:
•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.
Joel Paterson, Janice Lew, Carl Leith, Cheri Coffey and Ray Milliner briefed the Council with handouts.
c. 3:21:42 PM Signs View Attachments
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:
•Implement current preservation best practices.
•Provide flexibility in dealing with changes to existing signs.
•Provide design guidance for future projects.
Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - Mayor Ralph Becker.
Joel Paterson, Janice Lew, Carl Leith, Cheri Coffey and Ray Milliner briefed the Council with handouts. Discussion included providing incentives to encourage the preservation of historic signs, maintenance issues and maintaining non-conforming rights.
Straw Poll: A majority of the Council was in favor of having the Administration explore options that would allow signs to be restored at their original location or be refurbished and moved to a new location in order to provide more flexibility in preserving historic or landmark signs.
Councilmember Simonsen asked if the Council wanted to schedule a follow-up discussion. A majority of the Council said no unless issues were raised during the public hearing. Mr. Paterson said some ideas expressed by the Council went beyond current sign guidelines which would require an ordinance amendment.
Councilmember Simonsen asked Planning to work on alternate language for historic/vintage signs before the November 20, 2012 meeting.
#2. 4:02:23 PM RECEIVE A FOLLOW-UP BRIEFING REGARDING AN ORDINANCE AMENDING CHAPTER 18.64 (DEMOLITION), AND CHAPTER 18.97 (MITIGATION OF RESIDENTIAL HOUSING LOSS), AND SECTION 18.48.250 (BOARDED BUILDING MAINTENANCE), SALT LAKE CITY CODE, TO MODIFY THE PROCESS AND REQUIREMENTS FOR DEMOLITION OF BUILDINGS AND STRUCTURES, AND MAINTENANCE OF BOARDED BUILDINGS. The purpose of this ordinance is to provide for timely completion of demolition and improvement of property thereafter to ensure demolition is not detrimental to the use and enjoyment of surrounding property, to avoid demolition by neglect, and to encourage preservation of the City's housing stock. Petitioner - Salt Lake City Council. View Attachments
Neil Lindberg, Orion Goff, Lynn Pace and Frank Gray briefed the Council with handouts and a PowerPoint presentation. Discussion included should there be an exception for land assembly relating to redevelopment projects, should decisions to tear down buildings be made by an individual or advisory group, under what circumstances should boarded buildings be removed and how aggressive should the City be in achieving that goal, recapture all costs associated with boarded buildings, were there circumstances where the City wanted to encourage demolitions, ensure public understands proposal, when would a residential bond be required to guarantee landscaping, additional burden to obtain a bond, explore filing liens rather than bonding, boarded buildings have a negative effect on surrounding properties, ensure due process for property owners, water-wise landscaping, water and electric meters needed to maintain landscaping, require owners to post a building permit fee which could be used for landscaping, avoid making the administrative process to cumbersome/expensive, effectiveness of filing liens, does the threat of a lien change behavior, difficulty of collecting bonds, intangible benefits, cost recovery limited by State statue and different classifications needed for boarded buildings.
Discussion was held on landscaping enforcement options such as bonds, property liens, fines, ongoing maintenance, finding more effective enforcement tools and reducing the City’s risk in installing landscaping.
Straw Polls:
•A majority of the Council was in favor of removing the bonding requirement for single family residential properties that were located in residential zones.
•A majority of the Council was in favor of landscaping requirements for single family homes located in commercial zones or that were non-conforming.
•A majority of the Council was in favor of continuing current requirements regarding commercial properties and exploring other enforcement mechanisms such as fines, liens, letters of credit, etc.
Ms. Gust-Jenson said the Council staff could work with the Administration and come back with options.
4:50:41 PM Discussion was held on land assemblages. Comments included providing a grace period (one year) where someone could assemble parcels without being penalized as long as demolition had not occurred, ensuring vacant parcels/structures were dealt with appropriately, provide legislative direction on how decision making authority would be exercised and under what conditions.
Councilmember Simonsen asked if any Council Members were opposed to creating provisions regarding land assemblage. No objections were raised. Councilmember Simonsen said he felt the proposal needed to include language that before any demolition occurred there needed to be evidence that some land assemblage had already occurred, financing and preliminary entitlements were in place and a notice of intent to demolish was provided so people had an opportunity to provide appropriate input.
5:07:30 PM Discussion was held on boarded building fees relative to covering regulatory costs. Comments included adjusting fee schedule to capture more actual costs, were present costs being recovered, incentivize property owners to do more than just maintain boarded buildings, impact on surrounding properties such as decreased value and inability to acquire improvement financing or sell property, discouraged new residents, created neighborhood blight, condemnation process needed, subsidize first year costs, add demolition tools including funding, address residential component in a separate ordinance, define nuisance in current code, provide resources to get court orders for demolition for properties not remediated.
Councilmember Simonsen said there were circumstances where the City wanted to encourage property owners to pursue demolition on their own and where the City needed to take its own action. He asked if any Council Members were opposed to exploring some type of condemnation/court ordered process as a demolition tool. No objections were raised. Councilmember Simonsen asked if Council Members wanted to address the new proposal in conjunction with the demolition ordinance. Mr. Lindberg said he could prepare an additional ordinance so Council could see how the two related. A majority of the Council was in favor.
5:42:53 PM Discussion was held on the Administration’s concerns about how the ordinance would be enforced with existing resources. Councilmember Simonsen asked if Council Members were interested in full cost recovery. A majority of the Council was in favor. Ms. Gust-Jenson said there was a variety of scenarios regarding full cost recovery and additional clarification was needed. Councilmember Garrott suggested having the Administration provide options for various cost recovery scenarios. Councilmember Penfold also wanted to include costs relating to a third-party decision maker. A majority of the Council was in favor. Mr. Gray said they would prepare options for the Council which would include police/fire costs.
5:46:56 PM Discussion was held on whether decisions should be made by a single individual or some type of advisory body such as the Housing Advisory and Appeals Board (HAAB). Mr. Goff said he preferred a group review/decision. Mr. Gray said staff would review the issue and come back to the Council with options/alternatives.
Councilmember Simonsen asked if Council Members wanted to schedule another public hearing. A majority of the Council was in favor. Councilmember Simonsen asked if Council Members wanted to address residential and commercial separately. A majority of the Council was in favor of keeping them together in a single ordinance.
#3. 5:52:06 PM RECEIVE A BRIEFING ON AN ORDINANCE AMENDING SECTIONS OF THE SALT LAKE CITY CODE REGARDING DEMOLITION OF BUILDINGS FOR PARKING STRUCTURES, (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) PURSUANT TO PETITION NO. PLNPCM2012-00264. 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. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner - City Councilmember Stan Penfold. (Item C1) View Attachments
Michaela Oktay, Joel Paterson, Wilford Sommerkorn and Russell Weeks briefed the Council with handouts and a PowerPoint presentation. Ms. Oktay said the goal of the proposal was to prohibit demolitions for standalone one-lot parking lots, not accessory parking for businesses.
Discussion was held on mid-block ground floor retail requirements. Councilmember Simonsen said he wanted to extend the proposal to the D2 zone which would require a broader process and analysis. He said the item was scheduled for a public hearing tonight and could be scheduled for additional follow-up if necessary.
#4. 3:55:36 PM HOLD A DISCUSSION TO REVIEW PHILOSOPHY STATEMENTS. THE COUNCIL MET IN JANUARY TO DISCUSS PRIORITY FOCUS AREAS AND REQUESTED THAT STAFF PROVIDE DRAFT PHILOSOPHY STATEMENTS FOR REVIEW AND REFINEMENT BY THE PUBLIC. THE FOLLOWING PHILOSOPHY STATEMENTS HAVE BEEN ADOPTED: ECONOMIC HEALTH OF THE CITY, ARTS AND CULTURE, NEIGHBORHOOD QUALITY OF LIFE AND TRANSPORTATION AND MOBILITY. THE REMAINING PHILOSOPHY STATEMENTS WILL BE CONSIDERED: SUSTAINABILITY, PARKS AND OPEN SPACE AND EDUCATION. (ITEM D7A, ITEM D7B, ITEM C5) View Attachments & Sustainability & Parks and Open Space
Karen Halladay and Dan Weist briefed the Council with handouts. Councilmember Simonsen said when all policy resolutions were adopted he wanted the Council to discuss next steps. He said policy statements could be forwarded to the Administration to be considered as part of “Plan Salt Lake” or the Council could develop something on its own.
Councilmember Simonsen said the first value statement under “Parks and Open Space” dealt with habitat, buffer zones and the value of the Great Salt Lake shoreline. Councilmember LaMalfa said he wanted the word “highways” added to No. 8. A majority of the Council was in favor. Councilmember Simonsen asked Ms. Halladay to prepare a new version for the Council.
#5. RECEIVE A WRITTEN BRIEFING REGARDING A REQUEST BY G, G & D WOODRUFF LLC FOR A $500,000 HOUSING TRUST FUND LOAN AT 3% SIMPLE INTEREST PER ANNUM. THE 30-YEAR LOAN WOULD BE USED TO CONSTRUCT THE BRUNSWICK PLACE APARTMENT BUILDING AT 245 SOUTH 200 EAST. THE SEVEN-STORY PROJECT WOULD CONSIST OF 132 RESIDENTIAL UNITS - 127 OF WHICH WOULD BE AFFORDABLE RENTAL HOUSING UNITS FOR RESIDENTS WHO EARN 75 PERCENT OR LESS OF THE CITY’S AREA MEDIAN INCOME. View Attachments
Written briefing only.
#6. RECEIVE A WRITTEN BRIEFING REGARDING A PETITION BY THOMAS A. WOLFF TO NARROW HOT SPRINGS ROAD RIGHT-OF-WAY BETWEEN DULUTH AVENUE AND 1500 NORTH ADJACENT TO HIS PROPERTY PURSUANT TO PETITION NO. PLNCPM2008-00294. 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. (ITEM H3) View Attachments
Written briefing only.
#7. 6:17:02 PM INTERVIEW MIKE MCKEE PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE GOLF ENTERPRISE FUND ADVISORY BOARD. (ITEM H4)
Councilmember Simonsen said Mr. McKee’s name was on the Consent Agenda for formal consideration.
#8. 6:24:17 PM INTERVIEW ANDREA OLSON PRIOR TO CONSIDERATION OF HER APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD. (ITEM H5)
Councilmember Simonsen said Ms. Olson’s name was on the Consent Agenda for formal consideration.
#9. 6:27:00 PM INTERVIEW MARILYN PEARSON PRIOR TO CONSIDERATION OF HER APPOINTMENT TO THE HOUSING TRUST FUND ADVISORY BOARD. (ITEM H6)
Councilmember Simonsen said Ms. Pearson’s name was on the Consent Agenda for formal consideration.
#10. 8:39:01 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. View Attachments
See file M 12-5 for announcements.
#11. 8:52:38 PM REPORT OF THE CHAIR AND VICE CHAIR, INCLUDING AN UPDATE ON COUNCIL INTEREST ITEMS AND A REPORT OF MEETINGS WITH THE CHAIR AND VICE CHAIR OF VARIOUS CITY BOARDS AND COMMISSIONS. View Attachments
No issues were discussed.
#12. (TENTATIVE) CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE § 52-4-204, FOR ANY OF THE FOLLOWING PURPOSES: a) DISCUSSION OF THE CHARACTER, PROFESSIONAL COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL, PURSUANT TO UTAH CODE § 52-4-205(1)(a); b) A STRATEGY SESSION TO DISCUSS COLLECTIVE BARGAINING, PURSUANT TO UTAH CODE § 52-4-205 (1)(b); c) A STRATEGY SESSION TO DISCUSS THE PURCHASE, EXCHANGE, OR LEASE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) WHEN PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS, PURSUANT TO UTAH CODE § 52-4-205(1)(d); d) A STRATEGY SESSION TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION, PURSUANT TO UTAH CODE § 52-4-205(1)(c); e) A STRATEGY SESSION TO DISCUSS THE SALE OF REAL PROPERTY (INCLUDING ANY FORM OF WATER RIGHT OR WATER SHARES) IF (1) PUBLIC DISCUSSION OF THE TRANSACTION WOULD DISCLOSE THE APPRAISAL OR ESTIMATED VALUE OF THE PROPERTY UNDER CONSIDERATION OR PREVENT THE CITY FROM COMPLETING THE TRANSACTION ON THE BEST POSSIBLE TERMS, (2) THE CITY PREVIOUSLY GAVE NOTICE THAT THE PROPERTY WOULD BE OFFERED FOR SALE, AND (3) THE TERMS OF THE SALE ARE PUBLICLY DISCLOSED BEFORE THE CITY APPROVES THE SALE; f)FOR ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED, PURSUANT TO UTAH CODE § 78B-1-137; g) A STRATEGY SESSION TO DISCUSS DEPLOYMENT OF SECURITY PERSONNEL, DEVICES OR SYSTEMS PURSUANT TO UTAH CODE § 52-4-205(1)(f); AND h) A SESSION TO INVESTIGATE PROCEEDINGS REGARDING ALLEGATIONS OF CRIMINAL MISCONDUCT, PURSUANT TO UTAH CODE § 52-4-205(1)(g).
Item not held.
The meeting adjourned at 8:52 p.m.
This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for the entire content.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held October 23, 2012.
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