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12/01/2015 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 1 , 2015 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 1, 2015 at 7 : 00 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Charlie Luke Stan Penfold Luke Garrott James Rogers Kyle LaMalfa Erin Mendenhall Lisa Adams Russell Weeks, Council Senior Policy Analyst; David Everitt, Mayor' s Chief of Staff; Margaret Plane, City Attorney; Cindi Mansell, City Recorder; and Scott Crandall, Deputy City Recorder; were present. Councilmember Garrott presided at and conducted the meeting. OPENING CEREMONY #1 . 7:10:07 PM The Pledge of Allegiance. 7 :10:31 PM Councilmember Penfold requested a "Point of Personal Privilege" to talk about a resolution the Council adopted last week regarding "World' s Aids Day" and the City' s continuing efforts to provide support/education to assist people living with HIV. View Resolution PUBLIC HEARINGS #1 . 7:13:08 PM Accept public comment and consider adopting an ordinance amending the Pedestrian and Bicycle Master Plan. The plan is an update to the 2004 plan, and includes recommendations for pedestrian and bicycle infrastructure, education, encouragement and enforcement. Also included is guidance for promoting safer interactions between pedestrians, cyclists and motorists. DJ Williams, Chet Cannon, Elicia Cardenas, Shaun Jacobsen, Polly Hart, Dave Iltis, Wayne Martinson, George Chapman, David Gordan, Douglas Cotant, Mark Kennedy, Brian Price, and Jim Webster spoke and/or submitted written comments on the proposal . Andy McKerrow and Thomas Miller submitted hearing cards only. Comments included remove trail in Northwest Quadrant (northwest of Airport - not consistent with master plan) , public safety issues, trail crosses Harrison Reclamation Company which was a migratory bird production area (hunting club) , wetland maintenance issues, include educational component, preserve recreational bike routes, continue partnership with Utah Department of Transportation (UDOT) , adhere to Northwest Quadrant Plan, remove all proposed bicycle paths from natural areas 15 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 1 , 2015 located in the Northwest Quadrant and 8800 West, delay vote and keep comment period open to allow input from newly elected officials, bike lanes increase congestion/pollution, road improvements needed, snow removal issues associated with bike lanes, traffic lane reduction, find better solutions for cyclists, keep bicycles/skateboards off sidewalks, and standardize bike rules/travel directions in all areas of the City. View Handouts Councilmember Mendenhall moved and Councilmember Penfold seconded to close the public hearing, suspend the rules, and adopt the ordinance . 7 :36:21 PM Councilmember Mendenhall spoke to the motion. 7 :39:52 PM Councilmember Rogers proposed a friendly amendment to the motion. He said he supported moving forward with the proposal, providing the Council identified there was an issue in the Northwest Quadrant with the trail that went through on the westside of the International Center; the Council identify stakeholders and others that needed to be involved to create a trail that did not influence or cross the nature path; and that the Council find an alternative route for that area. Council Members Mendenhall and Penfold accepted the friendly amendment. Discussion was held on whether to adopt the proposal now or delay action in order to allow newly elected officials time to provide input. Councilmember Garrott said the plan did not include a definition of "active transportation" which he felt needed to be added. He said additionally, he felt skateboards needed to be included as part of the definition. Councilmember Mendenhall said if the trail was going to be removed, there was clearly a vision for the purpose of the trail and suggested including some legislative intent that the motivation to include that trail be examined in future master plan amendments and that a definition of "active transportation" be another component to be analyzed by Transportation. 7 :42:45 PM Substitute Motion: Councilmember Luke moved and Councilmember Adams seconded to close the public hearing and defer action to a future meeting. 7 :43:05 PM Councilmember Luke spoke to the motion. 7 :44:44 PM Second Substitute Motion: Councilmember Mendenhall moved and Councilmember Penfold seconded to close the public hearing, suspend the rules, and adopt Ordinance 66 of 2015 with the following 15 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 1, 2015 conditions : 1) remove the trail identified in the Northwest Quadrant area that intersects with natural space as designated in the Northwest Quadrant Master Plan (where the conflict lies) ; and 2) that the Council seek inclusion of an active transportation definition in this document. Councilmember Garrott called for a roll call vote, which motion carried. Council Members Rogers, LaMalfa, Penfold, Garrott, and Mendenhall voted aye. Council Members Luke and Adams voted nay. (T 15-5) #2 . 7 :45:51 PM Continue accepting public comment and consider adopting an ordinance which would adopt the Plan Salt Lake General Plan pursuant to Petition No. PLNPCM2011-00682 . Plan Salt Lake is a citywide master plan designed to create high-level policies and vision that will guide the City and its respective neighborhoods for the next 20 years. The Council has received regular updates as the plan has progressed. (Petitioner - Mayor Ralph Becker) David Iltis and Jason Mathis spoke about the proposal . Comments included evaluate/shorten timeline to achieve goals, inclusions from Enterprise SLC in the plan, and support for adoption . Councilmember Luke moved and Councilmember Mendenhall seconded to close the public hearing and defer action to a future meeting. Substitute Motion: Councilmember Penfold moved and Councilmember Adams seconded to close the public hearing, suspend the rules, and adopt Ordinance 63 of 2015 . 7 :48:56 PM Council Members Luke and Garrott spoke to the motion . Councilmember Garrott called for a roll call vote on the Substitute Motion, which motion carried, all members voted aye . (T 13-3) #3 . 7 :50 :25 PM Continue accepting public comment regarding potential changes to local campaign finance requirements . View Attachment Nia Sherar. Elise Lazar, Gerald Lazar, Rita Kelley, Virginia Lee, Ann O' Connell, Benjamin Jordan, Giles Larsen, and Soren Simonsen spoke on the proposal . Comments included support campaign reform, Move to Amend opinion question, grass roots movement, intended/unintended consequences, public confidence/trust in elected officials, adopting proposal would demonstrate a new level of leadership, increased voter participation, restore/strengthen democracy, lower amount of campaign 15 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 1 , 2015 expenditures, corporations were not people, money was not free speech, reform needed at State/Federal level, enhance ability for ordinary citizens to run for elective office, limit contractor contributions, restore war-chest fund limits, include in-kind contributions as part of aggregate limit, regulate Political Action Committees/Super PACs, and provide public finance options . Brigette Kirk and Julie Easton Gregerson submitted hearing cards supporting campaign reform. Councilmember Penfold moved and Councilmember Rogers seconded to close the public hearing defer action to a future meeting. 8:09:54 PM Councilmember Penfold spoke to the motion. Councilmember Garrott called for the question, which motion carried, all members voted aye. (0 15-17) POTENTIAL ACTION ITEMS : #1 . 8:10:44 PM Consider adopting an ordinance amending various sections of Title 21A, Salt Lake City Code, pertaining to breweries, small breweries and brewpubs pursuant to Petition No . PLNPCM2015- 00151 . The changes would address: View Attachment • the difference between small craft breweries and large industrial breweries; • the definition of brewpub; • where breweries and brewpubs may be located in the City; • inconsistencies in zoning interpretations related to breweries and brewpubs; and • consistency with State Code. (Petitioner-Mayor Ralph Becker) Councilmember Penfold moved and Councilmember LaMalfa seconded to adopt Ordinance 64 of 2015, which motion carried, all members voted aye . (P 15-21) COMMENTS TO THE CITY COUNCIL 8:11:42 PM Jay Ingleby said the new Mayor/Council Members needed to work together to effectively address community needs . David Gordon said the City needed to give residents more opportunities to provide input on important issues . Tom Huckin spoke about issues related to campaign finance reform. Douglas Cotant said panhandling problems needed to be 15 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 1 , 2015 addressed. George Chapman thanked Mr. Everitt and Council Members for their public service . UNFINISHED BUSINESS #1 . 8:19:56 PM Adopting a resolution approving the submission of an amended application to the State Recycling Market Development Zone Program. Under the program, qualifying businesses that collect, process, distribute or use recycled materials in their manufacturing operations, or compost, are allowed State income tax credits. View Attachment Councilmember Luke recused himself due to a potential conflict. Councilmember LaMalfa moved and Councilmember Penfold seconded to adopt Resolution 43 of 2015, which motion carried, all members voted aye, except Councilmember Luke, who was recused. (R 15-13) #2 . 8:21:29 PM Adopting an ordinance amending Chapter 5 . 14, Salt Lake City Code, relating to inspection of rental dwelling units . Currently, the City is able to inspect residential units at three year intervals so long as the inspections are scheduled. Under the proposal : View Attachment • single family and duplex rentals will on be inspected when there is cause or complaint and will self-certify that they meeting City standards; • buildings with three or more rental units will be inspected no more than every four years, unless required more often due to cause or complaint; • new construction will not be required to have inspections in the first four years and change of ownership or management will not trigger inspections, with the exception of inspections due to cause or complaint; • and other changes. Councilmember LaMalfa moved to not adopt amendments to City ordinances impacting the inspection of rental dwelling units . The motion died for lack of a second. Councilmember Mendenhall moved and Councilmember Luke seconded to adopt Ordinance 65 of 2015 (Motion 1 of the Motion Sheet) . 8:22:59 PM Discussion was held with Lehua Weaver, Council Senior Policy Analyst and Lynn Pace, Mayor' s Senior Advisor, regarding language in Motion 2 of the Motion Sheet. Ms . Weaver explained Staff' s 15 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 1 , 2015 intent behind the motion. Councilmember Penfold said he was supportive of the motion as stated (Motion 1) but wanted to revisit the issue immediately after or during the upcoming Legislative Session because of potential involvement of the Apartment Association. He said he was not suggesting by not considering the items listed in Motion 2 that the Council was eliminating the future possibility of looking at some additional criteria. Mr. Pace said he was comfortable with remedies available in the ordinance and felt the additional language in Motion 2 was not needed. Councilmember LaMalfa said he wanted to add a friendly amendment to the motion. He said he wanted to add language that the ordinance not take effect until the conclusion of the Legislative Session given that no bills passed that would interfere with enforcement of the ordinance . Councilmember Mendenhall said the Council could not accept the friendly amendment because she understood the ordinance needed to be in effect before the next Legislative Session began. Mr. Pace said that was correct and in terms of the existing agreement, the City agreed not to force the issue of inspections until an ordinance was adopted. Councilmember LaMalfa spoke against the proposal . He said there were life-safety issues that needed to be addressed to provide safe living conditions for residents . Councilmember Penfold said he wanted the Administration/Council to continue to explore options to provide tools to ensure residents were living in safe/healthy conditions (utilize business licensing) . Councilmember Garrott called for the question, which motion carried, all members voted aye, except Councilmember LaMalfa who voted nay. Councilmember Penfold moved and Councilmember Mendenhall seconded to adopt a Legislative Intent requesting the Administration explore options relating to business licenses when property or business owners did not comply with City ordinances . This could apply to any type of business and would provide additional remedies if a business was not complying with City Code, or creating a nuisance, especially where life and safety issues were present. The options could include license revocation, civil or criminal penalties, legal action, etc. , which motion carried, all members voted aye . (0 15-18) #3 . 8:33:36 PM Adopting a resolution authorizing a loan from Salt 15 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 1, 2015 Lake City' s Housing Trust Fund to the Housing Authority of Salt Lake for expenses related to the construction of the 9th East Lofts located at 444 South 900 East. The $750, 000 loan would be issued at 2% interest annum for 30 years. The housing development would consist of 68 units-54 of which would be set aside as affordable housing. View Attachment Councilmember Penfold moved and Councilmember Rogers seconded to adopt Resolution 42 of 2015, which motion carried, all members voted aye . (R 15-14) #4 . 8 :34 :12 PM Adopting a resolution authorizing a loan from Salt Lake City' s Housing Trust Fund to Wasatch Residential Group, LLC. The loan would be used to develop a 274-unit, multi-family apartment project located on the southwest corner of 600 South and State Street. The seven-story project would be comprised entirely of affordable housing, a City priority, and construction is scheduled to begin in February 2016. View Attachment Councilmember Mendenhall moved and Councilmember Luke seconded to adopt Resolution 44 of 2015 for a $1,000,000 loan from the Housing Trust Fund to Wasatch Residential Group to complete the 616 Lofts project, which motion carried, all members voted aye . (R 15-15) #5 . 8 :34 :51 PM Adopting a resolution directing the Board of Directors of the Local Building Authority of Salt Lake City, Utah, to issue its Lease Revenue Bonds to finance Fire Station No. 14 and providing for related matters . View Attachment Councilmember Luke moved and Councilmember Mendenhall seconded to adopt Resolution 45 of 2015, which motion carried, all members voted aye . (Q 15-8) #6 . 8 :35:28 PM Authorizing the Issuance and Sale of Local Building Authority Lease Revenue Bonds to finance Series 2016A Fire Station No. 14 . View Attachment Councilmember Penfold moved and Councilmember Luke seconded to recess as the City Council and convene as the Board of Directors of the Local Building Authority, which motion carried, all members voted aye . 15 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 1 , 2015 Director Penfold moved and Director Rogers seconded to adjourn as the Local Building Authority and reconvene as the City Council, which motion carried, all directors voted aye. Note: See File M 15-10 for Local Building Authority minutes . (Q 15-8) CONSENT Councilmember LaMalfa moved and Councilmember Rogers seconded to adopt the Consent Agenda, which motion carried, all members voted aye. #1. Setting the date of December 8 , 2015 at 7 :00 p.m. to accept public comment regarding a request for modifications to the SNB (Small Neighborhood Business) zoning district to allow single-practitioner medical, dental, and health offices as a permitted use in the SNB zoning district pursuant to Petition No . PLNPCM2015-00644 . The amendment will affect Sections 21A. 33 and 21A. 62 of the Salt Lake City Zoning Ordinance. Related sections of Title 21A may also be amended as part of this proposal . The proposal will modify the table of uses permitted in the SNB district as well as create a new definition for that use. The changes would apply citywide. (Petitioner - Salt Lake City Council) View Attachment (P 15-27 #2 . Approving the appointment of Julie Bjornstad to the Community Development and Capital Improvement Programs Advisory Board for a term extending through June 30, 2021 . View Attachment (I 15-22) Councilmember Mendenhall said she understood there needed to be a correction to the term date (change from June 30, 2021 to June 4, 2018) . Councilmember Luke moved and Councilmember Mendenhall to reconsider the motion approving the Consent Agenda, which motion carried, all members voted aye . Councilmember Mendenhall moved and Councilmember seconded to approve the Consent Agenda with the correction to Julie Bjornstad' s board appointment to June 4 , 2018, which motion carried, all members voted aye . The meeting adjourned at 8 : 39 p.m. 15 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 1 , 2015 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 December 1, 2015 . sc 15 - 9