12/03/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, DECEMBER 3 , 2013
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, December 3, 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; David Everitt,
Mayor' s Chief of Staff; Margaret Plane, City Attorney; and Scott
Crandall, Deputy City Recorder; were present.
Councilmember LaMalfa presided at and conducted the meeting.
OPENING CEREMONY
#1 . 7:12:54 PM Pledge of Allegiance.
#2 . 7:13:24 PM Councilmember Christensen moved and Councilmember
Love seconded to approve the minutes of the Salt Lake City Council
Work Session meeting held Tuesday, November 12, 2013 and minutes of
Formal Meetings held Tuesday, November 12, 2013 and Tuesday, November
19, 2013 , which motion carried, all members voted aye. View Minutes
(M 13-3) (M 13-4)
PUBLIC HEARINGS
#1 . 7:13:56 PM Accept public comment and consider adopting an
ordinance amending zoning map properties located between 700 South to
900 South and 700 East to 900 East pursuant to Petition No.
PLNPCM2012-00360 . View Attachments The changes would modify the zoning
for:
• Existing single-family and two-family residences from RMF -30 -
Residential Multi-Family to R2 - Single and Two-Family
Residential; and
• Existing commercially-used properties from RMF-30 - Residential
Multi-Family to either SNB - Small Neighborhood Commercial or CN
- Neighborhood Commercial .
Although the request is to change the zoning of the properties to
R2 - Single and Two Family Residential and SNB - Small Neighborhood
Commercial or CN - Neighborhood Commercial, consideration may be given
to rezoning the properties to another zoning district with similar
characteristics. Petitioner - City Council.
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7 :14:44 PM Ray Milliner, Principal Planner, was asked to provide an
overview of the proposal before public comments were taken.
The following spoke and/or submitted written comments about the
proposal : Tom Middlen, Cindy Cromer, Clara McKenna, Tosh Hatch, John
Luker, Nathan Florence, Tracy Albers, Brian McCarthy, Larry Bishop,
Jerry Hatch, Mary Bishop, Tani Hatch, RaeDean Hatch, and Brad Cairns .
Comments included impacts to business/residential properties,
neighborhood revitalized by single family units, encourage residential
rezoning, proposal addressed multiple non-conforming business
properties and resolved discrepancies between the City' s stated
objectives and existing zoning, consistent with preservation plan,
rezone Cummings Chocolate building, review/compare existing property
rights, dispersal requirements, compatibility issues, transit corridor
point system, direction needed to guide redevelopment, limit 705 East
zoning to small neighborhood business, traffic congestion, parking
issues, increased noise/light pollution, preserve neighborhood
characteristics/value/safety, increased zoning could negatively impact
neighborhood, encourage low-impact small businesses, and encourage
pedestrian traffic through mixed-use development.
Councilmember Garrott moved to keep the public hearing open until
next week. He said the Council could hold additional discussion and
take action at that meeting.
Councilmember Love said action was not scheduled until January 7,
2014 and suggested continuing the hearing to that date . Councilmember
LaMalfa said the proposal was scheduled for additional discussion at
the January 7, 2014 work session.
Councilmember Garrott moved and Councilmember Penfold seconded to
keep the public hearing open and defer action to a future date.
7 :39:23 PM Councilmember Love commented on the motion.
Councilmember LaMalfa called for the question, which motion
carried, all members voted aye .
(P 13-17)
#2 . 7:41:01 PM Accept public comment and consider adopting an
ordinance closing a portion of City-owned alley situated midblock
between Wilmington Avenue and Simpson Avenue and between 800 East and
900 East pursuant to Petition No. PLNPCM2013-00119 . View Attachments
The proposal would close the alley to vehicle traffic and allow the
City to complete trails, landscaping and other improvements related to
the Sugar House Streetcar and Parley's Trail . Petitioner — Mayor Ralph
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TUESDAY, DECEMBER 3 , 2013
Becker.
Councilmember Garrott moved and Councilmember Luke seconded to
close the public hearing.
Councilmember Simonsen moved and Councilmember Love seconded to
close the public hearing and approve the alley vacation.
Ms . Gust-Jenson said there were two versions of the ordinance for
Council consideration.
Councilmember Garrott moved and Councilmember Christensen
seconded to close the public hearing, which motion carried, all
members voted aye .
Councilmember Penfold moved and Councilmember Simonsen seconded
to adopt Ordinance 72 of 2013 (Motion No. 3/Ordinance Version No. 2) .
7 :42:50 PM The Council asked Russell Weeks, Council Senior Policy
Analyst, to explain the different versions .
Councilmember LaMalfa called for the question, which motion
carried, all members voted aye .
(P 13-18)
#3 . 7:44:51 PM Consider a motion to recess as the City Council and
convene as the Board of Directors of the Local Building Authority.
View Attachments
Councilmember Penfold moved and Councilmember Simonsen 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 .
Director Penfold moved and Director Simonsen seconded to adjourn
as the Board of Directors of the Local Building Authority and
reconvene as the City Council, which motion carried, all directors
voted aye .
Note: See File M 13-10 for Local Building Authority minutes .
POTENTIAL ACTION ITEMS
#1 . 7:47:24 PM Adopt an ordinance amending the final budget of
Salt Lake City, including the employment staffing document for Fiscal
Year 2013-14 . View Attachments This amendment contains a number of
proposed adjustments to the FY 2013-14 budget, including funding for:
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• needed renovations for a new evidence storage and crime lab
facility,
• Fire Department organizational changes,
• repurposing an awning from Barnes Bank,
• moving excess health care funds to the Risk Fund
• a proposal to appropriate some excess reserves as a refund to
some City employees.
At its November 19 meeting, the Council held and closed a Public
Hearing on this topic and adopted portions of Amendment No. 1,
including:
• funding for a new program allowing City residents to purchase
affordable annual UTA passes,
• funding for land purchases for Fire Station No. 6 access and a
new Fire Station No. 14, and
• funding for low-income students and other low-income residents to
attend the Leonardo's Dead Sea Scrolls exhibit.
Councilmember Simonsen asked about the funding level related to
Item A-6 (Barnes Bank building canopy relocation/reuse) . Councilmember
LaMalfa said the requested amount was up to $50, 000 and suggested
addressing the item separately.
Councilmember Simonsen moved and Councilmember Luke seconded to
adopt Ordinance 73 of 2013 relating to the following remaining items
from Budget Amendment No. 1 , with the exception of Legislative Intent
Statements and Item A-6, which would be considered separately.
• Item I-4, Administration requests that the Council recognize
$2, 012, 000 in excess health care account reserves and move them
to the Risk Fund.
• Item I-5, a request to approve a change to the staffing
document related to Fire Department Organizational Changes .
• Item I-6, a request to approve a change in the Council Office
staffing document to give the Council the option of using
existing seasonal and consulting funds for Full Time Equivalent
(FTE) position, and adds an FTE to the staffing document.
• Item A-15, related to potential expenses related to space for
police evidence storage and a crime lab.
7 :49:47 PM Councilmember Christensen asked if Item I-4 allowed the
Administration to issue the refund to City employees or was a separate
appropriation needed. Ms . Gust-Jenson said the Administration would
come back with a second piece to do that by department but they just
needed the main appropriation now.
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Councilmember LaMalfa called for the question, which motion
carried, all members voted aye .
Councilmember Simonsen moved and Councilmember Love seconded to
adopt Item A-6, a request to appropriate up to $50,000 to move one or
more awnings at the Barnes Bank property and repurpose them at another
site .
7 :51:04 PM Discussion was held on the potential to sell awnings to
private parties, reuse options by the City, and handling moving costs .
Councilmember LaMalfa said the Administration was responsible for
property disposition . Councilmember Christensen said he was interested
in exploring potential options to sell the property to someone who
would relocate it at their expense .
Councilmember Christensen proposed amending the motion requesting
that the Administration explore some type of Request for Proposal
(RFP) to relocate awning (s) at the new owner' s expense and that they
be keep intact . He said if that was not an option, the Council could
authorize funding for awning (s) to be relocated for City/Municipal
purposes . Councilmember Simonsen accepted the friendly amendment . The
amended motion was seconded by Councilmember Garrott .
Councilmember LaMalfa called for the question, which motion
carried, all members voted aye, except Councilmember Luke, who voted
nay.
Councilmember Simonsen moved and Councilmember Garrott seconded
that the Council initiate a legislative intent that the Administration
evaluate and renegotiate its annual contract with the Utah Transit
Authority (UTA) regarding the City resident bus pass pilot program,
the following options and associated costs be discussed and
considered:
• Provide support and encouragement to facilitate making transit
passes available to small businesses that don' t meet the current
35-employee minimum required by UTA' s program.
• Consider facilitating a partnership with Vest Pocket (VP) , Local
First, and Downtown Alliance.
• Further investigate the possibility of providing UTA eco-passes
to Salt Lake City Board and Commission members .
7 :56:16 PM Councilmember Garrott spoke to the motion.
7 :56:33 PM Councilmember Penfold asked if the intent was to have
the evaluation done after the pilot project . Councilmember Simonsen
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said it could be done during the pilot program but there was not a
specific timeline . He said he preferred to have it take place sooner
than later.
7 :56:51 PM Councilmember Christensen asked if the legislative
intent was being tied to actual budget appropriation . Councilmember
Simonsen said no .
Councilmember LaMalfa called for the question, which motion
carried, all members voted aye .
Councilmember Simonsen said he hoped other Council Members would
continue to sponsor the legislative intent in his absence .
(B 13-10)
#2 . 7 :57 :53 PM Reconsideration : Ordinance-Zoning Text Amendments-
Permitted and Conditional Use Revisions : View Attachments
7 :58:17 PM Nick Tarbet, Council Policy Analyst/Constituent Liaison,
briefed the Council on potential motions .
a) Adopt a motion to reconsider Ordinance 66 of 2013 changing the
City' s zoning regulations to revise and relocate land use tables,
to amend certain definitions, to amend regulations concerning
outdoor dining, to amend provisions regarding drive-through
service windows, and to correct a technical error .
Councilmember Love moved and Councilmember Penfold seconded to
adopt a motion to reconsider Ordinance 66 of 2013 , which motion
carried, all members voted aye .
b) Adopt an ordinance amending sections of the Salt Lake City Code
to revise and relocate permitted and conditional use tables,
amend certain definitions, and revise the development standards
for outdoor dining and drive-through service windows pursuant to
Petition No. PLNPCM2009-00169 . (Title 21A, Zoning, and Title 5,
Business Taxes, Licenses, and Regulations) . These changes are
designed to provide clarity and efficiency of use as part of a
code maintenance program. Related provisions of Title 21A,
Zoning, may also be amended as part of this petition. (Petitioner
- Mayor Ralph Becker)
Councilmember Love moved and Councilmember Penfold seconded to
readopt the entirety of Ordinance 66 of 2013 with the following
clarifications : Amend the Residential, Commercial and Special Purpose
Land Use Tables so that the zoning districts where both uses are
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listed, are consistent pursuant to the Administration' s
recommendations listed in Attachment A.
7 :59:44 PM Councilmember Simonsen asked about potential impacts
relating to recommendations being made. Nick Norris, Planner Manager,
briefed the Council about the proposal . Councilmember Penfold asked if
the drive-through component would remain open for further discussion
and modification. Ms . Gust-Jenson said yes .
Councilmember LaMalfa called for the question, which motion
carried, all members voted aye .
(0 13-25)
CONSENT 8:02:36 PM
Councilmember Garrott moved and Councilmember Simonsen seconded
to adopt the Consent Agenda with the exception of Items H2 and H3,
which motion carried, all members voted aye .
#1 . Approving the appointment of Cathy Liu to the Transportation
Advisory Board (TAB) for a term extending through September 26, 2016 .
(I 13-6)
#2 . Approving the appointment of Robert Rendon to the Housing
Trust Fund Advisory Board for a term extending through December 26,
2016 .
(I 13-4)
Item removed.
#3. Approving the appointment of Robert A. Young to the City and
County Building Conservancy and Use Committee for a term extending
through July 18, 2017 .
(I 13-9)
Item removed.
#4 . Approving the appointment of Carolynn Hoskins to the
Planning Commission for a term extending through July 1, 2017 .
(I 13-27)
#5. Setting the date of Tuesday, January 7, 2014 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance amending the
City' s regulations for horse-drawn carriages, (repealing Chapter 8. 16,
Salt Lake City Code, in its entirety and renumbering and amending
Chapter 5.37, Salt Lake City Code) . View Attachments The proposed
changes include, but are not limited to:
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• limiting the number of hours a horse may work in a day to eight
hours with regular breaks,
• restricting carriage business operations in extreme weather
conditions,
• prohibiting branding as a form of identification,
• implementing stricter standards for carriage equipment and
maintenance,
• adding more detailed provisions governing carriage drivers,
including background checks and licensing requirements.
(0 13-29)
The meeting adjourned at 8 : 03 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 December 3, 2013 .
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