September 4, 2012

 

The City Council met in Work Session on Tuesday, September 4, 2012, at 2:00 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.

 

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

 

Absent:   Councilmember Stan Penfold

 

Also In Attendance: Jennifer Bruno, Council Deputy Director; David Everitt, Mayor’s Chief of Staff; Lynn Pace, Deputy City Attorney; Neil Lindburg, Council Legal Director, Karen Halladay, Council Policy Analyst; Frank Gray, Community and Economic Development Director; John Naser, City Engineer; Jeff Snelling, Deputy City Engineer; Sam Grossberg, Consultant Engineer; Stephanie Toombs, Project Manager; Orion Goff, Building Services; Wilford Sommerkorn, Planning Director; Joel Paterson, Planning Manager; Maryann Pickering, Principal Planner; Janice Jardine, Council Policy Analyst; Scott Crandall, Deputy City Recorder; Cindi Mansell, City Recorder.

 

Councilmember Simonsen presided at and conducted the meeting.

 

The meeting was called to order at 2:12 p.m.

 

AGENDA ITEMS

 

#1.  2:13:17 PM   REPORT OF THE EXECUTIVE DIRECTOR, including a review of Council Information items and announcements.  View Attachments

 

See file M 12-5 for announcements.

 

#2.  2:28:22 PM  REPORT OF THE CHAIR AND VICE CHAIR, including an update on Council interest items and a report on meeting with the Chair and Vice Chair of various city boards and commissions.

 

Councilmember Simonsen provided follow-up on the “Paint the Pavement” project requested by Westminster College.  He said Staff had been working on an updated ordinance, but it had been determined that this activity could occur under the interpretation of the current ordinance.  He said the desire was for this to be more of a private project; staff could possibly learn from this process and come back at a later date with ordinance provisions rather than push something through without adequate time for consideration.  He said the other piece involved was how to streamline processes or fees for community block parties and neighborhoods.  All Council Members present were in favor.

 

Councilmember Luke addressed the constituent issue of excessive speed on residential streets.  He said he wanted to propose the addition of a CIP project such as a Neighborhood Calming Traffic Pilot Program to focus on the “lighter, quicker, cheaper philosophy” that had been discussed with a number of projects.  He suggested a process wherein four particular intersections or streets (not major arteries) could be selected within each represented area; the Council area representative and Transportation Manager could work together to identify these.  He said the maximum amount to be spent on these projects could be $10,000.  He said he would be looking for $280,000 in the CIP for this draft policy program to become reality.

 

#3.  2:32:51 PM   HOLD 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.

 

Karen Halladay briefed the Council with handouts. She said this was the beginning of the CIP discussion which could take several weeks or discussions.  She said there was $7.2 million remaining in the CIP that needed to be allocated for projects.  She specifically referenced questions or items:  whether or not the 1300 South viaduct/bridge should be rehabilitated or rebuilt; sidewalk replacement issues associated with not enough funding and growing needs; the Fleet replacement plan and the East side fueling site.  The Council determined they wanted to discuss policy and the questions or pending items at this time.

 

John Naser, Jeff Snelling, Sam Grossburg and Stephanie Toombs briefed the Council with a PowerPoint Presentation relative to options, benefits, and costs associated with the 1300 South viaduct/bridge project.  

 

Mr. Naser said if Council intended to proceed with the rehabilitation option, Staff wanted to pursue the contract to begin construction next summer.  He said they could return with options and illustrations as to how to meet the Council intent.

 

3:12:33 PM Councilmember LaMalfa expressed concern as to an option that could involve a streetcar.

Discussion centered on options for the bridge structure and construction project timing.  Councilmember Simonsen said further direction would be scheduled for September 11, 2012 and would allow Staff to investigate options, criteria, timing, costs, etc.

 

3:21:50 PM Discussion followed regarding sidewalk replacement.    The Council discussed the significant amount of funds involved in this program and they directed Staff to provide a list of approved projects in progress or intended before the meeting next week.

 

3:33:36 PM Discussion followed regarding the proposed CIP funding of $174,072 to provide for construction of two additional City fleet fueling sites at Nibley Park Golf Course and the Liberty Park Groundskeeping Shop.

 

Councilmember Simonsen said this discussion would be continued next week as part of the overall CIP discussion.  He suggested Council Members familiarize themselves with the CIP and specific project requests and funding. 

 

3:40:11 PM Each Councilmember was then given brief opportunity to express their desires as to individual higher ranking projects they felt important.

 

#4.  3:48:18 PM   RECEIVE A BRIEFING REGARDING AN ORDINANCE AMENDING CHAPTER 18.64 (DEMOLITION) AND CHAPTER 18.97 (MITIGATION OF RESIDENTIAL HOUSING LOSS), SALT LAKE CITY CODE, TO MODIFY THE PROCESS AND REQUIREMENTS FOR DEMOLITION OF BUILDINGS AND STRUCTURES.  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, Frank Gray and Orion Goff briefed the Council with handouts and a PowerPoint presentation.

 

Council Members comments/concerns included the overall purpose of the ordinance; the overall demolition process; vacant lots and vacant buildings not in use; blighted or boarded buildings in disrepair that could affect the overall neighborhood quality and adequate tools for enforcement on such properties. 

Discussion was held regarding standards for both commercial and residential properties, whether Redevelopment Agency or Economic Development area properties should be exempt; and if this was the best method to utilize City resources. 

4:53:41 PM Straw Poll vote:  To remove the landscaping bond requirement for residential properties.  Three Council Members were in favor.  Direction was provided for Staff to prepare ordinance versions with and without the bonding requirement.

 

5:09:39 PM Straw Poll vote:  To strengthen the prohibition on demolition of occupiable structures; to prohibit demolition unless there was a standard of habitability option provided.  The majority of the Council Members were not in favor.

 

Council Members Garrett and Love expressed concern with the proposed ordinance.  Councilmember Simonsen said he did not feel what currently existed served the City well.   

 

5:28:10 PM  Straw Poll vote:  Amending the boarding provisions of the ordinance to assess the risk/habitable conditions to define the neglect at the time the boarding occurs and for that condition to remain at that standard at the time they renew the boarding permit; and the fees to appropriately reflect the cost of monitoring such.  All Council Members were in favor.

 

Councilmember Simonsen explained there had been discussion, clarification and a couple of variations on the residential bonding requirement because there was not enough support one way or another; alternatives would be prepared and the item moved forward to September 18, 2012.

 

#5.  5:43:11 PM  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.  View Attachments

 

a. Historic Preservation Fine Tuning  View Attachments

Changes to the City’s zoning regulations to provide clarity and efficiency for the Historic Preservation Overlay zoning regulations. (The process and criteria for establishing an historic district is currently being addressed through a separate petition.) This proposal includes the following items:

    Improve clarity without changing the intent of specific zoning regulations.

    Streamline the approval process for applicants.

    Allow the Historic Landmark Commission to modify bulk and lot regulations in historic districts.

    Address ongoing problems with administration of existing regulations.

    Clarify the length of time a Certificate of Appropriateness is valid.

    Clarify wording that may be open to interpretation.

 

Related provisions of Title 21A, Zoning, may also be amended as part of this petition. Petitioner – Mayor Ralph Becker, Petition No. PLNPCM2011-00470.

 

Councilmember Simonsen said there were a number of historic preservation items to be addressed.  He said some audience members were interested in historic district designation process and character conservation districtsThe Council consensus was to be to focus on those two areas.

 

Wilf Sommerkorn, Joel Paterson, Maryann Pickering and Janice Jardine briefed the Council with handouts.

 

b.   Historic District Designation Process and Criteria  View Attachments

 

5:45:03 PM Zoning regulation changes that modify the process and adoption criteria for establishing new Local Historic District and Historic Landmark sites. The proposal would:

 

      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 Councilmembers

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, Petition No. PLNPCM2011-00723.

 

5:50:15 PM Councilmember Luke said the process where the Council and Mayor could designate these sites was problematic without having adequate representation from the neighborhoods. The Council discussed the community-driven process.

 

Discussion was held regarding the different processes to be utilized and reasoning for such.  The following Straw Polls were conducted:

 

6:12:25 PM The Mayor, City Council by majority, and property owner to have the ability to be able to initiate a Landmarks local historic site process.  The majority of the Council appeared to be in favor.

 

6:13:43 PM The Mayor, City Council by majority to have the ability to initiate a thematic historic district.  The majority of the Council appeared to be in favor.

 

6:24:53 PM A single property owner could initiate a petition for a thematic historic district.  The majority of the Council appeared to be in favor.

 

6:26:39 PM The Mayor and City Council by majority can initiate a petition for local historic district designation.  The majority of the Council were not in favor. 

 

6:28:30 PM Percentage of local property owners to initiate a petition from the three options:  Historic Landmarks Commission (HLC) recommendation of 10-25%; Planning Commission recommendation of 33%; or Councilmember Luke’s recommendation of 40%.  Three Councilmembers preferred the HLC recommendation; two preferred Councilmember Luke’s recommendation; and one preferred the Planning Commission recommendation.  It was determined there would be the need to acquire Councilmember Penfold’s response.

 

6:33:11 PM Discussion followed regarding the need to have all Council Members present to be able to adequately represent straw poll recommendations.  Councilmember Simonsen indicated the Council would not conduct additional discussion following the regular meeting.

 

c. Character Conservation Districts  View Attachments

Creation of a Character Conservation Zoning District and related zoning regulations.  The purpose of a Character Conservation Zoning District is to:

 

 

    Protect desirable and unique physical features and design characteristics

    Promote economic revitalization

    Enhance 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, PLNPCM2011-00473.

 

d. Preservation Plan  View Attachments

 

Proposed Salt Lake City Historic Preservation Plan. 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 - Petition No. PLNPCM2009-00171.)

 

 

#6.  6:34:01 PM  INTERVIEW JOEDY LISTER AND GEORGE SUMNER PRIOR TO CONSIDERATION OF THEIR APPOINTMENTS TO THE SUGAR HOUSE PARK AUTHORITY.

 

Councilmember Simonsen said Mr. Lister’s and Mr. Sumner’s names were on the Consent Agenda for formal consideration.

 

#7.  RECEIVE A BRIEFING regarding an ordinance amending Sections of the City’s Zoning Regulations relative to Grade Change.  The purpose of the proposed changes is to clarify the current regulations and close loopholes. View Attachments The proposed amendments include:

 

    Definition for building height, established grade, natural grade, finished grade, dormer and exterior wall height.

    Modify regulations for obstructions in required yard areas relating to grade changes for commercial and residential structures.

    Clarify and update of language in the foothill zoning regulations relating to grade changes.

    Clarify 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.

    Replace and update illustrations for the definitions.

    General fine tuning.

 

Related provisions of Title 21A, Zoning, may also be amended as part of this petition.  Petitioner Mayor Ralph Becker; Petition No. PLNPCM2010-00055. 

 

Written briefing only.

 

#8.  RECEIVE A BRIEFING regarding an ordinance to provide clarity and efficiency to sections of the City’s Zoning Regulations and City Code relative to the Planning Commission. View Attachments The proposed changes include:

    Amend Section 21A.06.030 (Planning Commission)

o Change the required number of Commissioners to a minimum of nine (9).

o Allow a quorum to be a majority of the appointed voting members of the Commission.

o Clarify the jurisdiction and authority of the Planning Commission relating to review of Planned Developments.

    Remove Chapter 2.20 (Planning and Zoning Commission) from Title 2 (Administration and Personnel) of the City Code to eliminate confusion between the Zoning regulations (Title 21A) and the City Code related to the Planning Commission.

Related provisions of Title 21A (Zoning) may also be amended as part of this petition. Petitioner – Mayor Ralph Becker; Petition No. PLNPCM2011-00554. (Item H4)

 

Written briefing only.

 

#9.  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). 

 

This item was not held.

 

#10HOLD A DISCUSSION regarding proposed changes to City Regulations to establish a process allowing Temporary Street Closures for Neighborhood and Community Events.  The proposed changes would simplify procedures for holding neighborhood block parties and would authorize a “Paint the Pavement” program that promotes “place making” through neighborhood art.  View Attachments

 

Written briefing only.

 

#11.  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; Parks and Open Space, Sustainability and Education.  View Attachments  View Attachments View Attachments

 

Written briefing only.

 

     The meeting adjourned at 6:41 p.m.

 

     This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held September 4, 2012.

 

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