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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. 13 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 3 , 2013 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 13 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL 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: 13 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 3 , 2013 • 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. 13 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 3, 2013 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 13 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 3, 2013 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 13 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 3 , 2013 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: 13 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, DECEMBER 3, 2013 • 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 . sc 13 - 8