04/02/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 2 , 2013
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, April 2, 2013 at 7 : 00 p.m. in Room 315, Council Chambers,
City County Building, 451 South State.
The following Council Members were present:
Soren Simonsen Luke Garrott Jill Remington Love
Kyle LaMalfa Charlie Luke Carlton Christensen
Stan Penfold
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; David Everitt, Mayor' s Chief of Staff; Cindi Mansell, City
Recorder; Sonya Kintaro, Chief Deputy City Recorder; and Scott
Crandall, Deputy City Recorder; were present.
Councilmember LaMalfa presided at and Councilmember Love
conducted the meeting.
OPENING CEREMONY
#1 . 7:20:42 PM Pledge of Allegiance was led by Scout Troop 464 .
POTENTIAL ACTION ITEMS
#1 . 7:22:18 PM Adopting an ordinance that would modify Conditional
Building and Site Design Review regulations pursuant to Petition No.
PLNPCM2010-00783 . The proposal would: View Attachments
• Eliminate conflicts in the zoning regulations and clarify
existing design criteria;
• Remove design criteria that are more restrictive than the base
zoning regulations; and
• Remove the option to allow additional height in some zoning
districts as a conditional use and include the option for
additional height in the design review process.
Related provisions of Title 21A, Zoning, may also be amended as
part of this petition. Petitioner: Mayor Ralph Becker.
Councilmember Simonsen moved and Councilmember Christensen
seconded to adopt Ordinance 15 of 2013 changing the City' s zoning
regulations relating to Conditional Building and Site Design Review
with the following changes : 1)under Section 21A. 59 . 065, strike
language that discouraged flat roofs and any other portions of that
phase and 2)under Section 21A. 59 . 080, the second-to-last line should
read: "...the proposed applications shall be reviewed and approved,
approved with conditions (not reviewed with conditions) ..." .
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Councilmember Love asked Wilford Sommerkorn, Planning Director,
to comment on the proposed changes . Mr. Sommerkorn said he agreed.
7:24:47 PM Councilmember Simonsen said he did not understand why flat
roofs would be discouraged because there were a lot of them throughout
the City and many zoning designations applied to commercial zones . He
said he wanted to leave the flat roof option available and encourage
things such as rooftop gardens, common space, etc.
Councilmember Love called for the question, which motion carried,
all members voted aye .
(0 13-6)
#2 . 7:25:46 PM Adopting an ordinance amending the Capitol Hill
Master Plan Future Land Use Map, rezone several properties located
between 300 North and 800 North and 400 West and 200 West and change
the Mixed Use (MU) zoning district regulations pursuant to Petition
Nos . PLNPCM2012-00462, PLNPCM2012-00463 and PLNPCM2012-00464 . View
Attachments
The proposal would:
• Amend Master Plan future land use map for properties located in
the area of 400 West between 600-800 North from General
Commercial to High Density Mixed Use, and rezone those parcels to
Mixed Use (MU) to match the surrounding area .
• Amend the Master Plan future land use map designations for most
of the west side of 300 West between 400 and 500 North from
Medium Density Residential and General Commercial to Medium
Density Mixed Use, and rezone four parcels along the 300 West
corridor from Residential Multi-Family (RMF-35) parcels to Mixed
Use (MU) to allow commercial retail uses.
• Amend the Master Plan future land use map designation for one
commercial property located on the northeast corner of 300 West
and 300 North from Medium Density Residential to Medium Mixed Use
to correct a conflict in the plan.
• Amend the Mixed Use (MU) zoning district regulations to provide
additional flexibility for compatible residential and commercial
mixed use developments.
Although the applicant has requested that the property be rezoned
to the Mixed Use (MU) zone, consideration may be given to rezoning the
property to another zoning district with similar characteristics.
Related provisions of Title 21A, Zoning, may also be amended as
part of this petition. Petitioner: Mayor Ralph Becker.
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Councilmember Penfold moved and Councilmember LaMalfa seconded to
adopt Ordinance 16 of 2013.
7 :26:14 PM Councilmember Penfold said this was another example of
M1 or Industrial zoning being modified to a residential use and felt
the proposal was a good direction for the neighborhood.
Councilmember Love called for the question, which motion carried,
all members voted aye .
(P 13-3)
#3 . 7:26:40 PM Adopting an ordinance amending the Consolidated Fee
Schedule to modify Athletic Facility Reservation Fees and the included
Food and Beverage Service Permits. View Attachments
The proposal would:
• Change field fees from a weekly rate of $15 per week per field
to:
$2 per hour per field for non-profit youth organizations.
$4 per hour per field for other youth organizations.
$5 per hour per field for adult organizations.
• Change the format for assigning field space from a weekly basis
to an hourly basis.
• Increase food and beverage permit fees.
As the demand for athletic fields in traditional and non-
traditional sports is growing, the Administration is proposing these
changes in an effort to create more opportunities for participation in
sports leagues and activities. If approved by the Council, these
changes would require the Consolidated Fee Schedule to be amended to
reflect the new charges.
7:26:54 PM Discussion on the attached "Motion Sheet" included
adding essential field preparation (excluding trash pick-up) , adding
language that maintenance work for the City would be approved by Parks
Division, allowing Parks Division/field supervisors to negotiate sweat
equity items with users and determine what counted toward credit,
having a pre-approved written proposal/agreement with users to avoid
misunderstandings and establish criteria for prioritization of field
use . See following motions for final Council decisions/language . View
Motion Sheet
MOTION ONE: 7:32:15 PM
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Councilmember Simonsen moved and Councilmember LaMalfa seconded
to adopt Ordinance 17 of 2013 relating to the following fees and adjust
the Salt Lake City Consolidated Fee Schedule as follows : () :
1 . Athletic Field Fees -
a . Youth - Non-profit - $2/hour.
b . Youth - For-profit - $4/hour.
c . Adult organizations - $5/hour.
2 . Concession Stands -
a . Concessions - with electricity and/or plumbing - $50/month.
b . Concessions - temporary without electricity and/or plumbing
- $25/month.
The motion carried with all members voting aye .
MOTION TWO: 7 :32 :56 PM
Councilmember Simonsen moved and Councilmember Luke seconded
that the Council reinstate "sweat equity" and have an ordinance
prepared that includes the following conditions :
1 . Sweat Equity -
a . Community youth teams and organizations may be eligible to
receive credit of up to 50% of the cost of their annual field
usage fees . Credits earned will be applied to the team or
organization' s account balance before the end of the season.
The team or organization' s remaining account balance is due in
full after all payments and credits have been applied.
NOTE: A payment of one-half of the field usage fee is due at
the time the field is reserved.
b . Community youth teams and organizations must submit a proposal
to the Parks and Public Land Program Staff for the maintenance-
type work they propose to complete in exchange for their
credit. Once approved, the community youth team or organization
will work with supervisory staff of the Parks and Public Lands
Division.
c . Team and organization credit is earned at a rate of
$10/hour/person by providing volunteer time for the following
types of maintenance work for the City which has been approved
by the Parks and Public Lands Division:
i . Painting of facilities and structures, such as, concession
stands, dugouts, bleachers;
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ii . Field repair materials and related labor donations , such
as , sod, soil, seed, irrigation supplies ;
iii . Graffiti removal;
iv. Labor to apply soil and sod;
v. Curbside placement and retrieval of garbage containers;
vi . Beginning of the season field prep work;
vii . Hand weeding;
viii . Assisting the City with other projects administered by
Salt Lake City' s Volunteer Program;
ix. Other Essential field preparation and maintenance .
NOTE : All field users are expected to leave the fields free of
trash after their use of the field; no credit can be earned for
trash removal .
d. The City welcomes donations and partners for larger capital
projects or improvement needs . Teams or organizations
interested in larger projects should contact the City' s Public
Services Department.
The motion carried with all members voting aye .
MOTION THREE : 7 :35:24 PM
Original Motion: Councilmember Garrott moved and Councilmember
Luke seconded that the Council adopt the following legislative intent:
With regard to scheduling/grandfathering, that: 1) Parks and
Public Lands Division continue to schedule its City facilities
and fields with teams and organizations under its current
practices through the end of 2014 ; 2) Parks and Public Lands host
meetings to empower stakeholders to work with all users of the
fields to find solutions to the scheduling of the limited and
much demanded facilities and fields in a fair and consistent
manner while protecting existing community teams and
organizations ; and 3) Parks and Public Lands Division prepare and
present a list of criteria for prioritization of athletic field
use for the Council' s consideration and possible adoption into
City code by the spring of 2015 . The Council intends that the
criteria proposed to the City Council during the April 2nd work
session and current Administrative scheduling process be
considered as the starting point of the discussion.
Substitute motion: 7 :36:33 PM
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Councilmember Penfold moved and Councilmember Christensen
seconded that the Council modify the language in Section 3 to read
"Parks and Public Lands Division prepare and present a list of
criteria for prioritization of athletic field use for the Council' s
consideration and possible adoption into City code by the spring of
2015" .
Councilmember Garrott asked if Councilmember Penfold would
consider adding that "The Council intends that the criteria proposed
to the City Council during the April 2 , 2013 Work Session and current
Administrative scheduling process be considered as the starting point
of the discussion" . Councilmember Penfold said yes . Councilmember
Love said for clarification, the motions were the same except with the
addition of "by the spring of 2015" .
7 :37 :46 PM Discussion on the substitute motion included the
importance of creating a timeline to ensure goals were accomplished,
unique issues associated with City fields, providing an additional
year for grandfathered organizations, working with stakeholders to
develop fair/consistent ways to book fields, maintain the current
organization eco system and grow opportunities for youth/adults to
utilize City fields .
Councilmember Love called for a roll call vote on the substitute
motion, which motion carried. Council Members Christensen, LaMalfa,
Garrott, Penfold and Love voted aye . Council Members Simonsen and
Luke voted nay.
MOTION FOUR: 7 :4 0:13 PM
Councilmember LaMalfa moved and Councilmember Simonsen seconded
that the Council adopt the following additional legislative intents :
1 . It is the intent of the City to partner with Salt Lake City
School District and continue to discuss the possibility of
forming a collaborative team, to work through field facility
scheduling and repair/maintenance challenges faced by both
entities . Topics of shared interest could include forming a
consistent usage and scheduling policy for school fields, field
maintenance, and exploring adding lights to selected fields,
which could extend the hours a field could be used.
2 . It is the intent of the Council that Parks and Public Lands
upgrade its existing scheduling software, with goals of enhancing
the software to increase operational efficiencies and increase
transparency by posting the athletic field usage schedule online.
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The motion carried with all members voting aye.
Councilmember Love said for clarification, this issue would come
back on a Consent Agenda since the ordinance had not been drafted.
Councilmember Luke asked for clarification about when changes would be
implemented. Ms . Gust-Jenson said because the motions were clearly
stated, the Attorney' s Office would be able prepare an ordinance so it
was not necessary to put this on a future agenda. She said unless
otherwise specified by the Council, the ordinance would go into effect
on publication in approximately two weeks .
(0 13-7)
#4 . 7:43:53 PM Adopting an ordinance confirming the list of
properties to be assessed and levying assessments on those properties
within the Salt Lake City Central Business Improvement Assessment
Area. View Attachments The assessments are for a three-year period and
would fund The Downtown Alliance, a non-profit organization that
promotes economic development and activities in downtown Salt Lake
City. The Downtown Alliance operates under contract with the City. The
assessment area originally was created in 1991 but is renewed every
three years.
Councilmember Garrott moved and Councilmember Simonsen seconded
to adopt Ordinance 18 of 2013, which motion carried, all members voted
aye .
(Q 12-11)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7 :44:18 PM
No questions were asked.
COMMENTS TO THE CITY COUNCIL 7 :44:28 PM
No comments were given.
UNFINISHED BUSINESS
#1 . 7:45:03 PM Adopting an ordinance establishing guidelines and
requirements for City Appointees to the Utah Performing Arts Center
Board of Directors. View Attachments
Under the proposed ordinance:
• Board members would be appointed by the Mayor with the advice and
consent of the City Council .
• Board members would be appointed for one, four-year term, with no
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automatic renewal of their term. No board member could serve for
more than two consecutive terms.
• No more than two of the City's six board appointees may be City
employees. No more than two board members may be from the same
City Council district.
• Any board member may be removed from office by the Mayor with or
without cause before the normal expiration of their term.
• Board members must annually report to the City Council regarding
the UPAC's annual budget and performance metrics.
• Board members must annually report to the City Council regarding
the UPAC arts accessibility program.
A majority of the Council was in favor of pulling the item from
the agenda.
(0 13-8)
#2 . 7:45:33 PM Adopting a resolution extending the time period for
satisfying the conditions set forth in Ordinance 18 of 2012 for a
property located at 545 and 555 West 500 North Street pursuant to
Petition No . PLNPCM2011-00203 . View Attachments The applicant who
requested the zoning amendments listed in Ordinance No. 18 of 2012 is
requesting a 24-month extension in order to satisfy the conditions of
the ordinance, which currently states the conditions must be met
within one year from the date the ordinance was approved. Those
conditions include providing right of way easement for sidewalks and
adjusting the buildable lot areas to accommodate the right of way
improvements. Petitioner: Marie Ginman-Tuttle Court.
Councilmember Penfold moved and Councilmember Luke seconded to
adopt Resolution 13 of 2013, which motion carried, all members voted
aye .
(P 12-5)
#3. 7:46:02 PM Adopting a resolution authorizing the approval of
an interlocal cooperation agreement between Salt Lake City Corporation
and Salt Lake County (County Clerk Election' s Division) regarding the
County providing election assistance services to the City. View
Attachments
Original Motion: Councilmember Luke moved and Councilmember
Garrott seconded to adopt Resolution 14 of 2013.
7 :46:22 PM Councilmember LaMalfa asked if the proposed action would
bind the Council to a traditional election or was a vote-by-mail
option still available . Jennifer Bruno, Executive Council Deputy
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Director, said adopting the current proposal meant that a traditional
election would be held.
Substitute Motion: 7 :46:47 PM Councilmember Simonsen moved and
Councilmember LaMalfa seconded to adopt a resolution authorizing the
Mayor to sign an interlocal cooperation agreement with Salt Lake
County to administer services for the 2013 municipal election with the
understanding that the agreement will be amended to pursue a vote-by-
mail only method for the 2013 municipal elections .
7 :47 :12 PM Councilmember Penfold asked for clarification on the
motion regarding the vote-by-mail component . Councilmember Simonsen
restated the motion that the Council adopt a resolution authorizing
the Mayor to sign an interlocal cooperation agreement with Salt Lake
County to administer services for the 2013 municipal election with the
understanding that the agreement could be amended if the Council chose
to pursue a vote-by-mail only method for the 2013 municipal election.
The motion was seconded by Councilmember Garrott .
7 :49:32 PM Ms . Mansell offered clarification regarding the vote-by-
mail process . She said by federal law, several voting centers would
be open on Election Day for anyone who chose not to vote by mail . She
said voting centers were also available in case a voter lost their
ballot or did not receive one in the mail . Councilmember Penfold
asked if that included the Primary Election. Ms . Mansell said yes .
Ms . Gust-Jenson said separate registration was not required in order
for a person to receive a mailed ballot. Ms . Mansell said every
registered voter would receive a ballot.
7:50:19 PM Discussion on the proposal included potential to
confuse/disenfranchise voters, timeframe to hold a public hearing and
make a decision, receive input from stakeholders, election experts and
potential candidates, research/statistics were needed on potential
impacts on voter turnout, further discussions/debates/hearings needed
and waiting until the next election cycle to alter the process .
Councilmember Love called for a roll call vote on the substitute
motion, which motion failed. Council Members Christensen, Penfold,
Garrott, Luke and Love voted nay. Council Members LaMalfa and Simonsen
voted aye .
7 :58:37 PM Councilmember Love called for a roll call vote on the
original motion, which motion carried. Council Members Christensen,
Penfold, Garrott, Luke and Love voted aye and Council Members LaMalfa
and Simonsen voted nay.
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7 :58:58 PM Councilmember Simonsen asked if a public hearing would
be scheduled for April 23, 2013 . Councilmember LaMalfa said no, but
the Council would pursue this issue before the end of the year.
(C 13-155)
CONSENT 7:5 9:15 PM
Councilmember Love said the April 23, 2013 formal meeting would
start at 6 : 00 p.m. due to the number of public hearings scheduled.
Councilmember LaMalfa moved and Councilmember Penfold seconded to
remove Items H-1 , H-2 and H-3 from the Consent Agenda and identify
that hearing times for those items would be 6: 00 p.m. He further
moved that Item H-4 be entirely removed and the approval of John
McCarthy' s appointment be pull from Item H-5. He further moved that
the Council approve remaining Items G-5 thru G-7, which motion
carried, all members voted aye .
8:00:37 PM Councilmember Penfold asked for clarification on the
approval of Items H-1, H-2 and H-3 which were removed from the agenda.
Ms . Gust-Jenson said the City Attorney thought to be clear, a separate
motion needed to be made.
Discussion was held about scheduling/notification issues relating
to the earlier start time . Councilmember Garrott said he was
concerned about notifying the public about the time change and asked
staff to contact everyone who had previously been contacted regarding
specific hearings/issues .
8:04:12 PM Councilmember Penfold moved and Councilmember Simonsen
seconded to set the hearing date/time for Items H-1, H-2 and H-3 for
April 23 , 2013 at 6:00 p.m. , which motion carried, all members voted
aye .
#1 . RE: Setting the date of Tuesday, April 23 , 2013 at 6: 00 p.m.
to accept public comment and consider adopting an ordinance that would
amend the zoning of the rear portions of two properties located at 834
and 836 South Edison Street from SR-3 Special Development Pattern
Residential to D-2 Downtown Support pursuant to Petition No .
PLNPCM2012-00114 . View Attachments The request has been made in order
to allow Epic Brewing to expand their brewing operations. The current
zoning would only allow residential uses and not allow a brewery or
other commercial uses.
Although the applicant has requested that the property be rezoned
to the Downtown Support (D-2) zone, consideration may be given to
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rezoning the property to another zoning district with similar
characteristics. Petitioner: Epic Brewing LLC.
(P 13-6)
#2 . RE: Setting the date of Tuesday, April 23, 2013 at 6 : 00 p.m.
to accept public comment and consider adopting an ordinance that would
amend the Sugar House Future Land Use Map for the property located at
approximately 2018 East 2100 South Street from Institutional and
Public Lands to Very Low Density Residential pursuant to Petition No .
PLNPCM2012-00546 . View Attachments No changes are proposed to the
existing use of the site. The property is currently zoned Single-
family Residential R-1/12, 000. Amending the Master Plan would be
consistent with the residential zoning classification . Petitioner:
Salt Lake City Council .
(P 13-7)
#3 . RE: Setting the date of Tuesday, April 23, 2013 at 6 : 00 p.m.
to accept public comment and consider adopting an ordinance amending
certain provisions of Chapter 21A. 36, Salt Lake City Code, pursuant to
Petition No. PLNPCM2010-00614 to establish certain recycling and
construction waste management requirements in furtherance of the
City' s sustainability efforts . View Attachments
(0 12-13)
#4 . RE: (TENTATIVE) Setting the date of Tuesday, April 23, 2013
at 7 : 00 p.m. to accept public comment and consider adopting a
resolution authorizing the approval of an interlocal cooperation
agreement between Salt Lake City Corporation and Salt Lake County
(County Clerk Election' s Division) regarding the County providing
election assistance services to the City.
(C 12-155)
Note: Item was removed.
#5 . RE: Approving the appointments of Steven Cornell and John
McCarthy to the City and County Building Conservancy and Use Committee
for terms extending through July 24, 2017 .
(I 13-9)
Note: John McCarthy' s name was removed pending interview.
#6 . RE: Approving the appointment of Jim Braden to the Golf
Enterprise Fund Advisory Board for a term extending through July 17,
2017 .
(I 13-10)
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#7 . RE: Approving the appointment of A. Grace Acosta to the Human
Rights Commission for a term extending through December 26, 2016 .
(I 13-11)
The meeting adjourned at 8 : 04 p.m.
Council Chair
City Recorder
This document is not intended to serve as a full transcript as
additional discussion may have been held; please refer to the audio or
video for entire content.
This document along with the digital recording constitute the
official minutes of the Salt Lake City Council Regular Session meeting
held April 2, 2013 .
sc
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