04/22/2014 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, APRIL 22 , 2014
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, April 22, 2014 at 7 : 00 p.m. in Room 315, Council Chambers,
City County Building, 451 South State .
The following Council Members were present:
Stan Penfold Luke Garrott James Rogers
Kyle LaMalfa Charlie Luke Erin Mendenhall
Lisa Adams
Cindy Gust-Jenson, Executive Council Director; David Everitt,
Mayor' s Chief of Staff; Margaret Plane, City Attorney; and Scott
Crandall, Deputy City Recorder; were present.
Councilmember Luke presided at and Councilmember Rogers conducted
the meeting.
OPENING CEREMONY
#1 . 7:37:07 PM The Pledge of Allegiance was led by Scout Troop 53 .
Scout Troop 53 (Council District Six) and Scout Troop 44 (Council
District Five) were introduced.
#2 . 7:40:25 PM Councilmember Luke moved and Councilmember LaMalfa
seconded to approve the minutes of the following Salt Lake City
Council meetings , which motion carried, all members voted aye .
• March 25, 2014 Formal Minutes View Minutes
• March 25 , 2014 Work Session View Minutes
• April 8 , 2014 Work Session View Minutes
(M 14-3) (M 14-4)
PUBLIC HEARINGS
#1. 8:06:05 PM Accept public comment and consider adopting an
ordinance regarding proposed changes to the City' s size regulations
for A-frame signs pursuant to Petition No. PLNPCM2013-00740 . The
proposed change would clarify the allowed size to be more compatible
with typical A-frame sign manufacturing dimensions. The proposed
changes would affect Section 21A. 46. 055 - Temporary Portable Signs.
Related provisions of Title 21A, Zoning, may also be amended as part
of this petition. (Petitioner - Salt Lake City Council) View
Attachments
Judi Short spoke in support of the proposal but wanted to see
additional signs allowed.
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Councilmember Penfold moved and Councilmember Luke seconded to
close the public hearing, which motion carried, all members voted aye.
(0 14-6)
#2 . 8:08:38 PM Accept public comment and consider adopting an
ordinance regarding proposed changes to the City' s sign regulations
for the Sugar House Business districts (CSHBD1 and CSHBD2) pursuant to
Petition No . PLNPCM2013-00739 . The proposed change would allow one
projecting building sign (blade sign) per business located at street
level . Currently, only one projecting sign is allowed per street
frontage. Related provisions of Title 21A, Zoning, may also be amended
as part of this petition. (Petitioner - Salt Lake City Council) View
Attachments
Judi Short spoke in support of the proposal .
Councilmember Penfold moved and Councilmember Luke seconded to
close the public hearing, which motion carried, all members voted aye.
Councilmember Adams moved and Councilmember Luke seconded to
adopt Ordinance 9 of 2014, which motion carried, all members voted
aye .
(0 14-7)
#3. 8:11:20 PM Accept public comment and consider adopting an
ordinance amending the City' s regulations for drive-through facilities
pursuant to Petition No . PLNPCM2009-00169 . The proposed changes would
address service accessibility at drive-through windows for all patrons
regardless of their mode of transportation and improve pedestrian
access and safety. The proposed changes would affect Section
21A. 40. 060 - Drive-Through Facility Regulations and Title 5 - Business
License Requirements, of the City code. Related provisions of Title
21A, Zoning, may also be amended as part of this petition. (Petitioner
- Salt Lake City Council) View Attachments
8:11:36 PM Councilmember Garrott introduced the proposal . He said
the proposal would be scheduled for discussion at a future Work
Session meeting.
8:14:05 PM The following spoke and/or submitted written comments
about the proposal : Ryan Corbin, Eric Hitzelberger, Chris Tapia, Melva
Sine, Karen Halliday, and Brandi Breeze. A hearing card with no
comments was submitted by Pam Haggin. Comments included confusion
about what the proposal was meant to accomplish, window robberies,
seek input from Police Department, increased risks to pedestrians,
cyclists, and service providers, impact on hours of operation/early
closures, potential building modifications, increased costs/risks to
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keep dining areas open, decreased community services, safety issues,
impact on employees salaries/business revenues, and increased
insurance costs or denial .
Councilmember LaMalfa moved and Councilmember Garrott seconded to
continue the public hearing to a future date, which motion carried,
all members voted aye .
(0 13-25)
#4 . 8:27:32 PM Accept public comment and consider adopting two
ordinances that would 1) amend the consolidated fee schedule by
adding, eliminating or modifying certain fees, and 2) would clarify
impact fee service areas. (Impact fees are charged to developers based
on the increased need for public services that results from population
growth) . Under the first ordinance, the current Parks charge of $3,999
per unit in a development would be lowered to $2,875 for two years,
then back to $3,999. The second ordinance also clarifies that the
roadway impact fees will only be collected in the Northwest Quadrant
and the Westside Industrial Area. View Attachments
The following spoke and/or submitted written comments about the
proposal . Tom Checketts, Jason Mathis, Paul Willie, Cindy Cromer, and
Bruce Bingham. Comments included excessive park fee increase, impact
on development, review how/where revenue was allocated, inaccurate
information in Capital Facilities Plan, legally of fees, encourage
multi-family/high density housing in downtown, utilize low interest
rates for downtown housing, impact on City' s reputation, provide
incentives not punishment, seek community input, and unjustified
increase .
Councilmember Penfold moved and Councilmember Garrott seconded to
close the public hearing.
Councilmember LaMalfa asked if a follow-up briefing would be
scheduled at a future Work Session meeting. Councilmember Luke said
no.
Councilmember LaMalfa moved and Councilmember Garrott seconded to
amend the motion to adopt Ordinance 10 of 2014 and Ordinance 11 of
2014 . A roll call vote was taken, which motion carried. Council
Members Adams, Luke, Mendenhall, Garrott, Penfold, LaMalfa, and Rogers
voted aye .
(T 12-3) (0 11-9)
#5 . 8:40:52 PM Accept public comment and consider adopting an
ordinance amending the City' s zoning regulations for monument signs
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pursuant to Petition No . PLNPCM2013-00197 . The amendment would permit
monument signs to be built higher than current regulations allow in
areas zoned for light and heavy manufacturing (amending Section
21A. 46. 100 - Signs of Salt Lake City Code) . The amendment would allow
signs to reach up to 20 feet instead of the current maximum height of
10 feet. Related provisions of Title 21A, Zoning, may also be amended
as part of this petition. (Petitioner - Young Electric Sign Company -
Yesco) View Attachments
Vince Coley and Jeff Krantz spoke in favor of the proposal .
Councilmember Mendenhall moved and Councilmember Garrott seconded
to close the public hearing and defer action to a future date, which
motion carried, all members voted aye .
(0 14-5)
#6 . 8:44 :35 PM Accept public comment and consider adopting an
ordinance pertaining to 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 . Related provisions
of Title 21A, Zoning, may also be amended as part of this petition.
(Petitioner - Mayor Ralph Becker) View Attachments
Councilmember LaMalfa moved and Councilmember Garrott seconded to
close the public hearing and adopt Ordinance 12 of 2014 , which motion
carried, all members voted aye .
(0 12-13)
#7 . 7 :42 :30 PM Accept public comment and consider adopting an
ordinance amending the Sugar House Master Plan, amending the zoning
ordinance to create the Streetcar Corridor form-based zoning district,
and amending the zoning map to establish FB-SC (form-based streetcar
core) and FB-SE (form-based streetcar edge) zoning districts pursuant
to Petition Nos . PLNPCM2012-00576 and PLNPCM2012-00577 . (Petitioner -
Mayor Ralph Becker) View Attachments
The following spoke about the proposal : Anna Boller, Joe Mahon,
Gerald Mcdonough, Byron Yensen, Kim Hills, Tamisa Burns, Jade DeYoung,
Robert Martin, Cabot Nelson, and Russell Kelly. The following
submitted written comments only: Jim Asbrand, Aimee Horman, Austin
Smith, Shane Smith, Tamerin Smith, Shaunelle Eckman, L.E. Halverson,
and Wayne Halverson. Comments included compatibly issues, destroy
neighborhood fabric, low-level buffer zone, apartment vacancies,
preserve open space, stop commercial encroachment, light pollution,
continual tax increases, allow more community input, provide adequate
public notice, comparable aesthetics, increased traffic/crime,
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residential properties being dwarfed/blocked views, create viable
recreational amenities, and preserve neighborhood stability/integrity.
Original Motion: Councilmember Penfold moved and Councilmember
Adams seconded to continue the public hearing to a future date.
Substitute Motion: Councilmember Garrott moved to close the
public hearing and defer action to a future date. The motion died for
lack of a second.
8:02:31 PM Councilmember Penfold said modifications were evolving
due to public process/input and ongoing administrative discussions and
continuing the hearing would allow additional time for the public to
respond to potential changes .
8:03:31 PM Councilmember Adams said she agreed with Councilmember
Penfold and had been contacted by a number of constituents who still
wanted to address the Council .
8:04:03 PM Councilmember Luke said the Council wanted to provide
adequate public notice and suggested continuing the hearing on May 20,
2014 . He said a final vote could be held on June 3rd or June 10th.
Councilmember Garrott said he wanted to remind the public they could
always address the Council during the "Citizen Comment" portion of any
Council meeting regardless of whether or not public hearings were
scheduled.
Councilmember Rogers called for the question on the original
motion, which motion carried, all members voted aye.
(P 14-5)
POTENTIAL ACTION ITEMS
#1. 8:45:29 PM Adopt a proposal that would amend the City' s zoning
regulations to establish water-efficient landscaping and tree
protection regulations in an effort to promote sustainable urban
living. (Amending Section 21A.48 , Zoning, Landscaping and Buffers, and
Section 21A. 62 , Zoning, Definitions) , Salt Lake City Code, pursuant to
Petition No. PLNPCM2010-00322 . View Attachments The proposed changes
are designed to:
• reduce water consumption through grouping plants with similar
watering needs together and ensure efficiencies in the irrigation
system design upon installation; and
• require the protection of existing trees in the landscaping when
designing large projects.
Related provisions of Title 21A, Zoning, may also be amended as
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part of this petition. (Petitioner - Mayor Ralph Becker)
Councilmember Penfold moved and Councilmember Garrott seconded to
adopt Ordinance 13 of 2014, which motion carried, all members voted
aye .
(0 14-3)
#2 . 8:46:28 PM Adopt proposed changes to the City' s Revolving Loan
Fund. The proposed changes include: View Attachments
• increasing maximum loan amounts;
• offering reduced interest rates to borrowers who meet specific
criteria (for example - are lower income or disadvantaged, that
focus on environmental, human capital and economic returns, and
those who highly leverage funds from outside private sources) ;
• adjusting the loan committee to include more community members
and fewer City employees;
• renaming the program the Economic Development Loan Fund; and
• improving efficiency and consistency in the approval process.
Councilmember Garrott moved and Councilmember LaMalfa seconded to
adopt Resolution 6 of 2014, which motion carried, all members voted
aye .
(R 14-4)
COMMENTS TO THE CITY COUNCIL 8:49:07 PM
Jihad Al-Ali spoke about not receiving help from police to fight
drug dealers and pimps .
Chris Brockert, Earl Comstock, George Chapman, Jeff Covington,
and Sarah Covington spoke or submitted written comments about Sugar
House rezoning. Comments included opposition to proposal, causing
residents to relocate, developer/architect benefits, impact on
property values, Council elected to represent residents, decision
should go to public vote/ballot, unfair process, public notification,
and encourage/allow further discussion.
Rachael Yensen submitted a hearing card with no comments .
UNFINISHED BUSINESS
#1 . 8:59:48 PM Approving the appointment of Matt Lyon to the
Planning Commission for a term extending through July 1, 2017 .
Councilmember Penfold moved and Councilmember LaMalfa seconded to
approve the appointment. A roll call vote was taken, which motion
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carried. Council Members Adams, Luke, Mendenhall, Penfold, LaMalfa,
and Rogers voted aye. Councilmember Garrott voted nay.
(I 14-13)
#2 . 9:00:44 PM Approving proposed franchise agreements for the
following telecommunications companies:
• Syringa Networks , LLC (0 14-8)
• TW Telecom of Utah, LLC (0 14-9)
• UTOPIA ( The agreement would not make Salt Lake City a participant
in the UTOPIA interlocal entity, but would authorize UTOPIA to
place fiber in City rights of way in the same manner and under
the same conditions as any other third-party telecommunications
provider. ) (O 14-10)
The agreements would allow the companies to place and maintain
their facilities within the City rights-of-way. The companies would be
governed by certain conditions, would need to secure appropriate
permits and pay the telecommunications tax under state law.
Councilmember Penfold moved and Councilmember Luke seconded to
adopt Ordinance 14 of 2014 (Syringa Networks) , Ordinance 15 of 2014
(TW Telecom of Utah) , and Ordinance 16 of 2014 (UTOPIA) .
9:01:13 PM Councilmember LaMalfa said future franchise agreements
needed to include some form of quality control that would require
franchise holders to be pro-active/accountable in providing long-
term/high quality maintenance of above-ground telecommunication
infrastructure/utility boxes . He said he did not want City residents
to be burdened with having to report problems when things went wrong.
9:02:45 PM Discussion was held on creating some legislative intent
language to have the Administration look at potential modifications to
the City' s zoning ordinance that would address Councilmember LaMalfa' s
comments . Councilmember Penfold said he did not want to tie
legislative intent to the ordinance and would make a separate motion
after the Council voted.
Councilmember Rogers called for the question, which motion
carried, all members voted aye, except Councilmember Garrott, who
voted nay.
9:04:19 PM Councilmember Penfold moved and Councilmember LaMalfa
seconded to adopt a legislative intent requesting the Administration
explore potential zoning modifications to provide better controls for
long-term maintenance issues for above-ground telecommunication
infrastructure/utility boxes . (require franchisees to provide pro-
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active maintenance so burden did not fall on City residents) , which
motion carried, all members voted aye .
(0 14-8) (0 14-9) (0 14-10)
CONSENT 9:05:08 PM
Councilmember Penfold moved and Councilmember Luke seconded to
adopt the Consent Agenda, which motion carried, all members voted aye.
#1 . Approving the appointment of Angela H. Brown to the Business
Advisory Board for a term extending through December 25, 2017 .
(I 14-9)
#2 . Approving the appointment of Lindsay Rose Mock to the
Housing and Appeals Board for a term extending through December 31,
2018 .
(I 14-10)
#3 . Approving the appointment of James Guilkey to the Planning
Commission for a term extending through July 1, 2015 .
(I 14-13)
#4 . Setting the date of Tuesday, June 3, 2014 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance amending the
Capitol Park Planned Development Phases 3 and 4 subdivision plats
pursuant to Petition Nos . PLNSUB2008-00902 and PLNSUB2009-00445 . Under
the proposal, the City would take ownership of Capitol Park Avenue,
Penny Parade Drive, Redbrick Court, Charity Cove and Caring Cove,
along with all City related water and sewer utilities. The Capitol
Park Homeowner's Association currently owns the streets. The proposal
would also transfer responsibility for maintenance, snow plowing,
garbage pickup, and utility maintenance from the homeowner's
association to the City. (Petitioner - Capitol Park Homeowners
Association) View Attachments
(P 14-8)
#5. Setting the date of Tuesday, May 6, 2014 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance amending the
zoning of property located at 289 North Almond Street and close a
portion of West Temple pursuant to Petition Nos . PLNPCM2013-00920 and
PLNPCM2014-00001 . The proposal would amend the development agreement
to reduce the number of units from 34 to 33, and reduce the number of
internal parking stalls from 80 to 60 and modify development standards
relating to setback and grade change. The proposal would also close
the eastern portion of West Temple where it intersects at 300 North.
The landscaped island would become part of the development and provide
some on-street parking. (Petitioner - Garbett Homes) View Attachments
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(P 14-6)
#6 . Setting the date of Tuesday, May 6, 2014 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance closing a
City-owned alley located in an area bounded by 900 South and American
Avenue and 400 West and a UTA rail corridor pursuant to Petition No.
PLNPCM2013-00340 . The alley has not functioned as a public alleyway
and has been gated and used for parking and private business access.
Under the proposal, the alley would be sold to the applicant at fair
market value. (Petitioner - BM&V Enterprises) View Attachments
(P 14-7)
#7 . Setting the date of Tuesday, May 6, 2014 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance amending,
enacting, and repealing certain ordinances of Salt Lake City Code
governing animal control classifications and enforcement processes .
(Amending Sections 8 . 04 . 010, 8 . 04 . 020, 8 . 04 . 070, 8 . 04 . 100, 8 . 04 .280,
8 . 04 . 320, 8 . 04 . 340, 8 . 04 . 370, 8 . 04 . 390, 8 . 04 . 400, 8 . 04 . 420, 8 . 08 . 050
and 8 . 12 . 020; enacting Chapter 8 . 15 and Sections 8 . 04 . 125 and
8 . 04 . 405; and repealing Sections 8 . 04 . 180, 8 . 04 . 220, 8 . 04 . 500,
8 . 04 . 510, 8 . 04 . 520, 8 . 04 . 521, and 8 . 10 . 100 . ) View Attachments The
proposal would:
• establish written standards and criteria that would be used to
classify animals as dangerous or vicious;
• require owners of dangerous animals to have a permit and a
containment agreement;
• prohibit animals that are defined as vicious to be kept by
owners.
• allow Animal Services to seize animals when out of compliance
with City ordinance without a warrant and a court order;
• change the approach to the hearing and appeals process. The
proposal would offer individuals the option to receive a notice
of violation in lieu of a criminal citation as long as
stipulations are met;
• require vicious animals to be impounded and their owners
notified. The animal would be held for 10 days following
notification of the owner and euthanized or otherwise processed
by animal services, unless the owner initiates an appeal to
change the vicious dog classification;
• add restrictions to tethering a dog to avoid injury and
restriction of movement and implement a tethering time of no
longer than 10 hours within a 24 hour period; and
• implement an enforcement model based on County Code that would
give Animal Services the discretion to issue a criminal citation
to any person who receives a notice of violation. Implementation
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of an enforcement model based on County Code would eliminate
Section 8. 04. 521 of Salt Lake City Code, Appendix A which would
result in City residents being subject to the County's higher
penalty fees.
(0 14-11)
#8 . Setting the date of Tuesday, May 20 , 2014 and Tuesday, June
3 , 2014 at 7 : 00 p.m. to accept public comment regarding an ordinance
adopting the final budget and related ordinances and the employment
staffing document for Salt Lake City, Utah for Fiscal Year 2014-2015 .
(Note : This public hearing will address all ordinances associated with
the implementation of the City' s 2014-2015 Budget including the
Library Fund) .
(B 14-1) (B 14-2)
The meeting adjourned at 9 : 05 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 22, 2014 .
sc
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