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
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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
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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
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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
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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
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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
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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 .
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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.
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MINUTES OF THE SALT LAKE CITY COUNCIL
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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 .
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