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08/08/2017 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 The City Council of Salt Lake City, Utah, met on Tuesday, August 8, 2017 at 7 : 06 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Charlie Luke Andrew Johnston Derek Kitchen Erin Mendenhall Lisa Adams Stan Penfold The following Councilmember was absent: James Rogers Cindy Gust-Jenson, Council Executive Director; Margaret Plane, City Attorney; Patrick Leary, Mayor' s Chief of Staff; David Litvack, Mayor' s Deputy Chief of Staff; Makayla Hardy, Deputy City Recorder; and Kory Solorio, Assistant City Recorder were present. Councilmember Luke presided at and conducted the meeting. OPENING CEREMONY #1. 7:07:16 PM Pledge of Allegiance . #2 . 7:08:04 PM Welcome and Review of Standards of Conduct. #3. 7:08:39 PM Councilmember Kitchen moved and Councilmember Johnston seconded to approve the minutes of the following 2017 Council meetings : July 11 , 2017 Work Session, July 25, 2017 Work Session, and July 25, 2017 Formal meeting, which motion carried, all members present voted aye . (M 17-3) (M 17-4) PUBLIC HEARINGS #1 . 7:09:51 PM Accept public comment and consider adopting one or more ordinances adopting the final rate of tax levy, for all City funds including the Library Fund, in an amount greater than the Certified Tax Rate, upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2017-2018 and adopting the final budget, including the library budget, for Fiscal Year 2017-2018 . View Attachments Mimi Charles thanked the Council for the decision regarding no late fines, availability of Library cards, and the Library property tax increase . 17 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 Jana Ostler spoke regarding the recent flooding and restoration of the Sprague Library Branch. James Barensen expressed his discontent with the Truth-in-Taxation public hearing, sewage tax, and sanctions . George Chapman spoke regarding property tax issues, the Truth-in- Taxation public hearing, and judgment levy. Councilmember Penfold moved and Councilmember Johnston seconded to close the public hearing and adopt Ordinance 39 of 2017 establishing the final rate of tax levy, including the final levy for the Library Fund, upon all real and personal property within Salt Lake City, made taxable by law for fiscal year 2017-2018, and ratify the budget as adopted by the Council in June, which motion carried, all members present voted aye . (B 17-1) (B 17-2) #2 . 7 :20:25 PM Accept public comment and consider adopting a resolution authorizing the approval of an Interlocal Cooperation Agreement between the City and Salt Lake County for the construction of a portion of Parley' s Trail. The section of trail to be completed runs through City-owned Hillcrest Park, which is located at 2000 East and I- 80. This is a long-planned trail extension from the Draw at Sugar House Park to Tanner Park and Parley 's Canyon . Under the proposal, the County would construct the trail and assume responsibility for ongoing maintenance. View Attachments No public comments were made . Councilmember Penfold moved and Councilmember Mendenhall seconded to close the public hearing and adopt Resolution 18 of 2017 authorizing an interlocal agreement between Salt Lake City Corporation and Salt Lake County for constructing a portion of Parley' s Trail, with the understanding that the County will maintain and repair the trail in perpetuity, as stated in the perpetual easement, which motion carried, all members present voted aye . (C 17-556) #3 . 7 :21 :21 PM Accept public comment and consider adopting an ordinance regarding commercial building energy benchmarking and market transparency. The proposal would enact a new chapter of Salt Lake City Code: Chapter 18-Building Benchmarking and Transparency, which would require owners of large buildings (City buildings larger than 22, 000 square feet and commercial buildings larger than 25, 000 square feet, with some exemptions) to annually benchmark energy data, share Energy Star Scores and data with the City, and encourages implementation of 17 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 improvements to the building's energy systems. The updated proposal requires an evaluation of buildings with Energy Star Scores that are below average but no longer requires the building owners to implement the energy tune-up recommendations. It also provides for exceptions for tax-exempt properties like places of worship, and other buildings and adds an appeals process, among other changes. View Attachments Mandy McKenna, JJ Kofford, Chole Gehrke, Ed Tallerico, Scott Bennion, Shelli Menegos , Gary Bullock, and Randy Woodbury spoke in opposition of the proposed ordinance . Comments included: Trolley Square' s efforts in benchmarking, concern with the validity of the numbers used by the Department of Environmental Quality (DEQ) , regulating private sector buildings, encouragement of voluntary benchmarking, incentives to achieve cleaner air, addressing more pressing issues (like Homeless Resource Centers) , consideration of alternative solutions (review and understand Utah' s C-PACE program available through the Governor' s Office) , and tabling the ordinance until further research could be obtained. Kevin Conner, Judy Barnett, Jessica Reimer, Ashley Miller, Theddi Chappell, Kevin Emmerson, Jonathan Ruga, Verlene Kelsey-McKee, Greg Schlegle, Susan Finlayson, and Brett Parry spoke in favor of the proposed ordinance . Comments included concerns regarding Utah' s current air quality statistics, moving in the right direction towards improved air quality, attracting new talent to the City, benefits of more energy efficient buildings, broadening the provisions of the ordinance, and encouragement for better air quality. James Barensen spoke regarding the movie Climate Hustle, earth' s CO2 shortage, taxation, and homeless crisis theology. The Council received a handout from City Creek Reserve, Inc. and its affiliated entities (CCRI) opposing the ordinance in its current form. View Handout Councilmember Penfold moved and Councilmember Mendenhall seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (0 17-10) #4 . 8:04:05 PM Accept public comment and consider adopting an ordinance regarding amending various sections of Title 21A (Zoning) of the Salt Lake City Code to provide additional clarity and efficiency in land use regulation. The amendments are designed to make the code easier to use; reduce the need for interpretations; address conflicts in the ordinance; and remove barriers to development. The proposed changes do 17 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 not create new regulations. Petitioner-Former Mayor Ralph Becker, Petition No. PLNPCM2015-00354. View Attachments No public comments were made . Councilmember Adams moved and Councilmember Penfold seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (P 17-19) #5. 8:04:51 PM Accept public comment and consider adopting an ordinance regarding closing a portion of 800 West Street between approximately 740 North and the terminating cul-de-sac. The section of street is not needed or used for property access, circulation or parking. The proposal would allow for the development of a community center that would serve immigrants and refugees. If adopted, the status of the property would be changed from a public street to a City-owned parcel and the City would lease it to the Good Samaritan Foundation, a non- profit that provides employment counseling, English language courses, citizenship classes, after-school tutoring, and walk- in support on issues ranging from health care to navigating the public transit system. Petitioner: Salt Lake City Real Estate Division, Petition No. PLNPCM2016- 01008. View Attachments No public comments were made. Councilmember Mendenhall moved and Councilmember Adams seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (P 17-17) #6 . 8:05:24 PM Accept public comment regarding a Public Benefits Analysis related to leasing an undeveloped City-owned parcel at approximately 800 North 800 West and adjacent City-owned cul-de-sac to the Good Samaritan Foundation. The proposed use of the property is to allow for the development of a community center that would serve the needs of Salt Lake City's refugee and immigrant community. The briefing will include discussion of a proposed long- term (30 year) lease of the property at below market rate ($12. 00/year) . View Attachments Patrick Bieker and Calvin Fors encouraged the City to select responsible contractors to ensure area standards were upheld for the construction of the new community center. Councilmember Kitchen moved and Councilmember Adams seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . 17 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 (R 17-6) Note: Items 7-9 will be heard as one public hearing item. #7 . 8:08 :58 PM Accept public comment regarding a grant application requesting funds to improve Salt Lake Urban Area' s prevention of, preparedness for, protection against, and response to acts of terrorism. (B 17-4) View Attachments #8 . 8:08 :58 PM Accept public comment regarding a grant application requesting funds to add pedestrian and non-motorized user crossing enhancements to a paved, shared-use path along the abandoned railroad right-of-way along Folsom Avenue, including installation of two HAWK beacons and one rectangular rapid flashing beacon. View Attachments #9 . 8 :08 :58 PM Accept public comment regarding a grant application requesting funds for the creation of placemaking public engagement workshops, and the commissioning of community-visioned public art works to be installed along the Folsom Trail/City Creek Corridor. (B 17-4) View Attachments James Barensen spoke regarding an audit of the City Finance' s and getting progressives out of the republic . Nigel Swaby spoke in support of the Folsom Corridor development and community involvement in the area. Councilmember Kitchen moved and Councilmember Johnston seconded to close the public hearing for Grant Application items 7 through 9, and defer action to a future meeting, which motion carried, all members present voted aye . (B 17-4) POTENTIAL ACTION ITEMS #1 . 8:11 :43 PM Adopt an ordinance amending the zoning map pertaining to three parcels located at approximately 5420 West John Cannon Drive to rezone the parcels from Agricultural (AG) to Light Manufacturing (M-1) and to remove the parcels from the Lowland Conservancy Overlay District (LC) . The proposal would allow the property owner to create a light manufacturing development on the site. The zoning change is supported by the Northwest Quadrant Master Plan, which the Council adopted in 2016. Petition No. PLNPCM2017-00083. View Attachments Councilmember Penfold moved and Councilmember Adams seconded to adopt Ordinance 40 of 2017 amending the zoning map pertaining to three parcels located at approximately 5420 West John Cannon Drive from AG to 17 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 M-1 and to remove the parcel from the Lowland Conservancy Overlay District, which motion carried, all members present voted aye . (P 17-18) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 8:12:32 PM Councilmember Mendenhall asked the Administration whether they would be conducting the bi-annual citizen survey this year. Mr . Leary said the survey was started last week. COMMENTS TO THE CITY COUNCIL 8:12 :58 PM Bonnie Peters Gabrielson spoke regarding the cost of private body guards/security detail for Mayor Biskupski . View Handout Douglas Cotant spoke regarding his phone conversation with the Housing Authority. James Barensen spoke regarding George Chapman' s comments from the previous Council meeting regarding water usage . He also expressed concerns regarding Mayor Biskupski . Bernie Hart spoke regarding homelessness in the City, and his past requests for data from the County. Jim Webster complimented the Mayor/Staff and the City Council on the decision not to sell Sunnyside Park to the University of Utah. View Handout NEW BUSINESS #1 . 8 :28 :02 PM Adopt the Administration' s revised Employment Staffing Document for Fiscal Year 2017-2018 . View Attachment Councilmember Penfold moved and Councilmember Johnston seconded to adopt Ordinance 41 of 2017 amending the employment staffing document regarding changes to the Office of the Mayor as part of Salt Lake City' s final budget for fiscal year 2017-18, which motion carried, all members present voted aye . (B 17-1) #2 . Adopt a resolution extending the time period for satisfying the conditions set forth in Ordinance 56 of 2016 . The proposal would extend the deadline by two years for the property owner to meet certain conditions listed in the 2016 ordinance. The original ordinance was a result of the property owner 's request to close a portion of West Capitol 17 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 Street adjacent to properties located at approximately 686 and 690 North West Capitol Street. Petition No. PLNPCM2015-00438. View Attachments Councilmember Penfold moved and Councilmember Johnston seconded to adopt Resolution 21 of 2017 granting a four-month extension to the time period for satisfying conditions set forth in Ordinance 56 of 2016 and require the petitioner to present the modified subdivision plan to the Capitol Hill Neighborhood Council for feedback. Following the community council presentation, the petitioner may return to the City Council with a request to further extend the ordinance, which motion carried, all members present voted aye . (P 16-15) UNFINISHED BUSINESS #1 . 8:32 :08 PM Adopt a resolution authorizing not more than $16,000,000 General Obligation Refunding Bonds, Series 2017B; delegating authority to certain officials of the City; and providing for related matters . View Attachments Councilmember Kitchen moved and Councilmember Mendenhall seconded to adopt Resolution 19 of 2017 authorizing the issuance and sale of not more than $16 million in General Obligation Refunding bonds; delegating authority to certain officials and officers of the City within parameters set forth in the attached bond resolution; and providing for related matters, which motion carried, all members present voted aye . (R 17-1) (Q 17-3) #2 . 8 :32 :50 PM Rescinding Ordinance 33 of 2017 and adopting a new employee agreement (Memorandum of Understanding) between the City and the American Federation of State, County, and Municipal Employees Local 1004 (AFSCME) , which is a labor union. Under the proposal, a portion of the agreement relating to purging personnel files would be updated. View Attachments Councilmember Mendenhall moved and Councilmember Kitchen seconded to adopt Ordinance 42 of 2017 rescinding Ordinance 33 of 2017 and adopting a new Memorandum of Understanding between Salt Lake City Corporation and AFSCME, which motion carried, all members present voted aye . (0 17-6) #3 . 8:33:25 PM Adopt an ordinance granting a Telecommunication Franchise to Central Telecom Services, LLC. The franchise would allow CentraCom to place its facilities within the City rights-of-way, governed by certain conditions and after securing permits. View Attachments 17 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 Councilmember Penfold moved and Councilmember Johnston seconded to adopt Ordinance 43 of 2017 granting a telecommunication franchise agreement to Central Telecom Services, which motion carried, all members present voted aye . (C 17-672) #4 . 8:33:51 PM Adopt an ordinance amending provisions of City Code establishing the Transportation Advisory Board (amending sections 2 .23 . 040, 2 .23 . 070 , and 2 .23 . 080 of Chapter 2 .23 of Salt Lake City Code) . Under the proposal, regulations for the Board would be changed so board seats are based on Council Districts instead of Planning Division Districts. The proposal also updates the duties of the Board. View Attachments Councilmember Penfold moved and Councilmember Johnston seconded to adopt Ordinance 44 of 2017 amending Salt Lake City Municipal Code 2 .23 pertaining to the composition and duties of the Transportation Advisory Board, which motion carried, all members present voted aye . (0 13-9) CONSENT 8 :3 4 :18 PM Councilmember Kitchen moved and Councilmember Mendenhall seconded to adopt the Consent Agenda, which motion carried, all members present voted aye . #1 . Setting the date of Tuesday, September 5, 2017 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Chapter 21A.27 of the Salt Lake City Code pertaining to land use regulations in the Form Based Urban Neighborhood (FB-UN2) zoning district. The proposal would require increased setbacks for buildings located next to certain residential areas, and step backs. The proposal also includes design standards that are intended to clarify how the ground floors of buildings can be designed and used, address parking garage issues, and address issues that have arisen regarding overall building scale. Petition No. PLNPCM2016-00463. View Attachments (P 17-23) #2 . Setting the dates of Tuesday, September 19, 2017 and October 3, 2017 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to homeless resource centers . The changes define homeless resource centers and allow for them as a conditional use in zoning districts that currently allow homeless shelters. The changes also include "qualifying provisions, " which are requirements homeless resource centers need to comply with in order to operate in the City. 17 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 The provisions state that the centers: May not have an overnight population exceeding 200 people; • May not have an overnight population exceeding 200 people; • Must have a security and operations plan; and • Must have a maintenance plan; among other changes. Related provisions of Title 21A- Zoning may also be amended as part of this petition. Petitioner-Mayor Jackie Biskupski, Petition No. PLNPCM2016-00910. View Attachments (0 16-16) #3. Setting the date of Tuesday, September 19, 2017 and October 3, 2017 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending the City' s accessory dwelling unit (ADU) regulations. The amendments would generally allow ADUs west of Canyon Road, south of South Temple, west of 1300 East and south of 1-80. Currently, new ADU permits are only available for properties located amile or less from a fixed transit stop. Additionally, the amendments will limit the number of ADU permits issued per year to 25. The Administration recently sent the Council additional information in response to questions Council Members asked during the last briefing in January. Petition No. PLNPCM2014-00447. View Attachments (P 17-20) #4 . Approving the appointment of Ginny Hsu Sorenson to the Citizens Compensation Advisory Committee (CCAC) for a term extending through August 30, 2021 . (I 17-19) #5. Approving the appointment of Martin BuBa to the Human Rights Commission as an at-large member of the board for a term extending through August 8, 2021 . View Attachments (I 17-20) #6 . Approving the appointment of Logan Darling to the Community Development Capital Improvement Programs (CDCIP) Advisory Board as an at-large member of the board for a term extending through August 8, 2021 . View Attachments (I 17-9) #7 . Approving the appointment of Andrew Saalfield to the Community Development Capital Improvement Programs (CDCIP) Advisory Board as an at-large member of the board for a term extending through August 8, 2021 . View Attachments (I 17-9) 17 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, AUGUST 8 , 2017 #8 . Approving the appointment of Paul Schulte to the Transportation Advisory Board as a representative of the School District for a term extending through August 8, 2020 . View Attachments (I 17-21) #9. Approving the reappointment of Jana Ostler to the Library Board for a term extending through August 8, 2020 . View Attachments (I 17-11) The meeting adjourned at 8 : 34 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 meeting held August 8, 2017 . mh 17 - 10