September 18, 2012

 

The City Council met in Work Session on Tuesday, September 18, 2012, at 2:00 p.m. in Room 326, City Council Office, City County Building, 451 South State Street.

 

In Attendance: Council Members Carlton Christensen, Søren Simonsen, Luke Garrott, Jill Remington Love, Kyle LaMalfa, Stan Penfold and Charlie Luke.

 

Also In Attendance: Cindy Gust-Jenson, Executive Council Director; Joel Paterson, Planning Manager; Maryann Pickering, Principal Planner; Cheri Coffey, Assistant Planning Director; Michaela Oktay, Principal Planner; Frank Gray, Housing and Neighborhood Development Director; Janice Jardine, Council Land Use Policy Analyst; Wilford Sommerkorn, Planning Director; Lynn Pace, Deputy City Attorney; Alden Breinholt, Operations Director of Public Services; Emy Maloutas, Parks and Public Lands Director; Mark Kram, Seamans Representative and an account representative for Salt Lake City; Jennifer Bruno, Council Deputy Director; Rick Graham, Public Services Director; Robin Hutcheson, Transportation Director; Nick Norris, Planning Manager; Jim Lewis, Public Utilities Finance Administrator; David Everitt, Mayor’s Chief of Staff; Brad Stewart, Public Utilities Engineer V; Michael Barry, Transportation Engineer; Russell Weeks, Council Policy Analyst; Cindi Mansell, City Recorder; and Beverly Jones, Deputy City Recorder.

 

Councilmember Simonsen presided at and conducted the meeting.

 

     The meeting was called to order at 2:08 p.m.

 

AGENDA ITEMS

 

     #1. 2:08:55 PM RECEIVE A WRITTEN BRIEFING REGARDING ORDINANCE CHANGES THAT WOULD MODIFY YOUTHCITY RECREATION PROGRAM FEES (SECTION 15.16.090 OF THE SALT LAKE CITY CODE) AND AMEND THE CONSOLIDATED FEE SCHEDULE.  THE PROPOSED CHANGES:  View Attachments

 

• EXTEND THE YOUTHCITY SUMMER YOUTH PROGRAM BY TWO WEEKS.  THIS IS HALF OF A REGULAR SESSION, SO FEES WOULD BE ADJUSTED ACCORDINGLY.

• ALLOW REFUGEE YOUTH WHO RECEIVE SCHOLARSHIPS FOR THE SUMMER PROGRAM TO FORGO PAYMENT TO THE CITY. YOUTHCITY RECEIVED A GRANT FROM SALT LAKE COUNTY ENABLING THE PROGRAM TO BE EXTENDED AND SCHOLARSHIPS OFFERED.

• TRANSFER ALL YOUTHCITY FEES TO THE CONSOLIDATED FEE SCHEDULE. THIS IS A HOUSEKEEPING ITEM TO INCLUDE YOUTHCITY FEES IN THE CONSOLIDATED FEE SCHEDULE.

 

#2. RECEIVE A WRITTEN BRIEFING REGARDING A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT MORE THAN $2,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 2012 (UINTA BREWING CO.) PURSUANT TO THE RESOLUTION, THE CITY WILL LEND THE PROCEEDS OF THE BONDS TO UINTA BREWING CO. (THE “OWNER”) FOR THE PURPOSE OF FINANCING THE COSTS OF THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, EQUIPPING AND FURNISHING OF AN APPROXIMATELY 34,000 SQUARE-FOOT EXPANSION FACILITY TO BE LOCATED AT APPROXIMATELY 1760 SOUTH FREMONT DRIVE, IN SALT LAKE CITY, TO BE OWNED AND USED BY THE OWNER AS A BREWERY AND RELATED MANUFACTURING FACILITIES. View Attachments

 

#3. HOLD A FOLLOW-UP DISCUSSION REGARDING PROPOSED IMPLEMENTATION STEPS THAT WILL ENABLE SALT LAKE CITY RESIDENTS AND BUSINESSES TO SUCCESSFULLY ENGAGE IN PRESERVATION EFFORTS THAT ARE APPROPRIATE FOR THEIR UNIQUE SITUATIONS.

 

a. 2:09:16 PM HISTORIC PRESERVATION FINE TUNING. CHANGES TO THE CITY’S ZONING REGULATIONS TO PROVIDE CLARITY AND EFFICIENCY FOR THE HISTORIC PRESERVATION OVERLAY ZONING REGULATIONS PURSUANT TO PETITION NO. PLNPCM2011-00470. (THE PROCESS AND CRITERIA FOR ESTABLISHING AN HISTORIC DISTRICT IS CURRENTLY BEING ADDRESSED THROUGH A SEPARATE PETITION.) 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)

 

Wilford Sommerkorn, Joel Paterson, Maryann Pickering, Cheri Coffey, Janice Jardine, Michaela Oktay and Frank Gray briefed the Council from the attachments. Councilmember Simonsen said no follow-up was needed. He said this would be scheduled for a vote when the other historical items were ready. Councilmember Garrott said he would work with Ms. Jardine to prepare a substitute motion.

 

b. 2:44:36 PM HISTORIC DISTRICT DESIGNATION PROCESS AND CRITERIA. ZONING REGULATION CHANGES THAT MODIFY 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

    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)

 

Joel Paterson, Cheri Coffey, Wilford Sommerkorn, Maryann Pickering, Lynn Pace and Janice Jardine briefed the Council with attachments. Councilmember Penfold said the percentage of people necessary to initiate a petition was critical. He said he was concerned about eliminating the Council’s ability to make any decision during the final approval process. He said there should not be an extreme threshold to initiating a petition by the neighborhood. He said he wanted a lower threshold.

 

Councilmember Simonsen said he felt the thematic based historic districts had potential for a preservation tool where the creation of geographically bounded historic districts could be more difficult.

 

Straw Polls taken:

 

    Were Council Members interested in more fully developing the idea of a thematic district and to give direction to Planning Staff to more fully develop some options and criteria and maybe a separate process for thematic district which was currently lumped with historic districts. All Council Members were in favor.

    A local historic district could only be initiated by the Mayor. Council Members were in favor. (4-3)

    Majority of City Council initiating the designation of a local historic district. Council Members were in favor. (4-3)

    Property owners initiating the designation of a local historic district (Historic Landmark Commission (10% to 25%) or Planning Commission (33%)) Council Members Garrott, Penfold, LaMalfa and Simonsen were in favor of the Historic Landmark Commission and Council Members Love, Luke and Carlton were in favor of the Planning Commission.

    Historic Landmark Commission or Planning Commission initiating the designation. Council Members were in favor of the Historic Landmark Commission. (4-3)

    Fine tuning in a 10-25% threshold range. Council Members were in favor of a 15% threshold.

    Historic Landmark Commission and Planning Commission’s recommendation of one vote per property. All Council Members were in favor.

    Percentage of total votes as opposed to percentage of property owners or total number of ballots sent out. All Council Members were in favor.

    Landmarks recommendation of a simple majority of the ballots received by property owners or if less than a simple majority of the property owners support it, it would take a majority of the Council to create it. Council Members were in favor. Councilmember Garrott abstained from the vote.

    Time period for sending out both notices and getting responses back from the property owners. Council Members were in favor of 30 days total.

    Three months from whenever the first signature was dated to the last signature to meet the qualifications. Council Members were not in favor.

    Six months from whenever the first signature was dated to the last dated signature to meet the qualifications. Council Members were in favor. (6-1)

 

Councilmember Simonsen asked staff to prepare an official form that would clearly identify what the petition was. He said the petitioner could propose the boundary and the signatures would need to come from within the proposed boundary. He asked Council to let him know by next Tuesday if a follow-up briefing was needed.

 

c. CHARACTER CONSERVATION DISTRICTS. CREATION OF A CHARACTER CONSERVATION ZONING DISTRICT AND RELATED ZONING REGULATIONS PURSUANT TO PETITION NO. PLNPCM2011-00473. THE PURPOSE OF A CHARACTER CONSERVATION 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)

 

This item was not held.

 

d. PRESERVATION PLAN. 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, MAP AMENDMENTS AND SITE-SPECIFIC DEVELOPMENT. (PETITIONER SALT LAKE CITY COUNCIL)  View Attachments

 

     This item was not held.

 

#4. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. View Attachments

 

This item was not held.

 

#5. REPORT OF THE CHAIR AND VICE CHAIR, INCLUDING AN UPDATE ON COUNCIL INTEREST ITEMS AND A REPORT ON MEETINGS WITH THE CHAIR AND VICE CHAIR OF VARIOUS CITY BOARDS AND COMMISSIONS.

 

This item was not held.

 

#6. 4:52:10 PM RECEIVE A BRIEFING REGARDING AN ENERGY SERVICE COMPANY (ESCO) AUDIT OF SALT LAKE CITY PARKS AND PUBLIC LANDS FACILITIES. UNDER THE PROPOSAL, THE CITY WOULD TAKE OUT A LOAN TO FINANCE LIGHTING, BUILDING AND IRRIGATION IMPROVEMENTS THAT WOULD ULTIMATELY RESULT IN ENERGY SAVINGS, OPERATION SAVINGS AND A REDUCTION IN GREENHOUSE GAS EMISSIONS. ENERGY AND OPERATION COST SAVINGS WOULD PAY DEBT SERVICE AND EVENTUALLY RESULT IN A NET SAVINGS FOR THE CITY. THE CITY HAS NOT YET COMMITTED TO THIS PROJECT AND THE ADMINISTRATION IS LOOKING FOR COUNCIL SUPPORT BEFORE PURSUING IT FURTHER. View Attachments

 

Alden Breinholt, Mark Kram, Emy Maloutas, Jennifer Bruno and Rick Graham briefed the Council with a power point presentation and the attachments. Councilmember Simonsen said the Council would continue to move forward with this item.

 

#7. 5:22:36 PM RECEIVE A BRIEFING REGARDING A PETITION THAT WOULD AMEND THE CENTRAL COMMUNITY MASTER PLAN, ZONING MAP AND ZONING REGULATIONS TO REFLECT THE PROPOSED 400 SOUTH LIVABLE COMMUNITIES STATION AREA PLANS PURSUANT TO PETITION NO. PLNPCM2010-00647. THE PROPOSAL WOULD IMPLEMENT LAND USE POLICIES FOR MIXED USE DEVELOPMENT AND TRANSPORTATION OPTIONS ON THE BLOCKS ADJACENT TO THE 400 SOUTH TRANSIT CORRIDOR FROM 200 EAST TO 1000 EAST. PROPERTIES IN THIS CORRIDOR WOULD BE REZONED FROM THEIR EXISTING ZONING CLASSIFICATIONS TO THE TRANSIT STATION AREA (TSA) ZONING DISTRICTS. IN ADDITION, THE PROPOSAL WOULD ESTABLISH NEW ZONING REGULATIONS FOR THIS AREA. RELATED PROVISIONS OF TITLE 21A, ZONING, MAY ALSO BE AMENDED AS PART OF THIS PETITION. (PETITIONER MAYOR BECKER). View Attachments

 

Maryann Pickering, Nick Norris, Janice Jardine and Robin Hutcheson briefed the Council from attachments.

 

     #8. RECEIVE A FOLLOW-UP BRIEFING REGARDING AN ORDINANCE AMENDING CHAPTER 18.64 (DEMOLITION), 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

 

This item was not held.

 

#9. 6:07:46 PM HOLD A DISCUSSION WITH THE ADMINISTRATION REGARDING THE PLANNED PUBLIC ENGAGEMENT PROCESS FOR CONSIDERATION OF A SEPARATE FUND FOR STREET LIGHTING MAINTENANCE AND OPERATING EXPENSES.  View Attachments

 

Jim Lewis, David Everitt, Brad Stewart and Mike Barry briefed the Council from attachments. Councilmember Simonsen said this proposal would be moved forward.

 

#10. 6:16:42 PM INTERVIEW OLGA EFIMOVA AND GWEN SPRINGMEYER PRIOR TO CONSIDERATION OF THEIR APPOINTMENT TO THE SISTER CITIES ADVISORY BOARD.

 

Gwen Springmeyer’s interview was postponed.

 

Councilmember Simonsen said Ms. Efimova’s name would be forwarded to the Consent Agenda for formal approval.

 

     #11. RECEIVE A BRIEFING ON THE MAYOR’S RECOMMENDED BUDGET RELATING TO THE CITY’S CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FISCAL YEAR 2012-2013. 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

 

    DISCUSS THE 1300 SOUTH VIADUCT – 500 WEST TO 700 WEST FEASIBILITY STUDY.

    DISCUSS OTHER CAPITAL IMPROVEMENT ISSUES AND NEEDS.

 

This item was not held.

 

#12. CONTINUE A DISCUSSION WITH THE PLANNING DIVISION ON A REQUEST THAT THE COUNCIL CONSIDER AMENDMENTS TO 21A.46.020.B TITLED DEFINED TERMS, AND 21A.46.070.X TITLED ELECTRONIC SIGNS. THE SECTIONS ARE PARTS OF AN ORDINANCE FIRST CONSIDERED BY THE CITY COUNCIL IN JANUARY OF 2012. Petition No. PLNPCM2010-00032 and Petition No. PLNPCM20 10-00717.

 

#13. 6:31:53 PM (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).

 

Councilmember Love moved and Councilmember Christensen seconded to enter into Closed Session, which motion carried, with a roll call vote. Council Members Christensen, Love, Penfold, Garrott, Luke and Simonsen voted aye.  Councilmember LaMalfa was absent for the vote.

 

Councilmember LaMalfa entered the Closed Session at 7:05 p.m.

 

     #13. 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 & CULTURE, NEIGHBORHOOD QUALITY OF LIFE AND TRANSPORTATION & MOBILITY. THE REMAINING PHILOSOPHY STATEMENTS WILL BE CONSIDERED: SUSTAINABILITY PARKS AND OPEN SPACE, AND EDUCATION.

 

This item was not held.

 

The meeting adjourned at 7:25 p.m.

 

     This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held September 18, 2012.

 

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