03/26/2013 - Formal Meeting - Minutes (2) MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, MARCH 26, 2013
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, March 26, 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; Edwin Rutan, City
Attorney; Ralph Becker, Mayor; David Everitt, Mayor' s Chief of Staff;
and Cindi Mansell, City Recorder; were present.
Councilmember LaMalfa presided at and Councilmember Garrott
conducted the meeting.
OPENING CEREMONY
#1 . 7:07:14 PM Pledge of Allegiance was led by Scout Troop 402 .
#2 . 7:08:31 PM Councilmember Simonsen moved and Councilmember
Penfold seconded to approve the minutes of the Salt Lake City Council
meetings held Tuesday, February 19, 2013 and Tuesday, March 5, 2013,
which motion carried, all members voted aye . View Attachments
(M 13-3)
#3. 7:08:50 PM Councilmember Luke read a brief history and the
Council took a moment to honor Mary Jane Dilworth, Utah' s first school
teacher, in recognition of Women' s History Month.
PUBLIC HEARINGS
#1. 7:11:06 PM Accept public comment and consider adopting an
ordinance that would modify Conditional Building and Site Design
Review regulations pursuant to Petition PLNPCM2010-00783 . View
Attachments The proposal would:
• Eliminate conflicts in the zoning regulations and clarify
existing design criteria;
• Remove design criteria that are more restrictive than the base
zoning regulations; and
• Remove the option to allow additional height in some zoning
districts as a conditional use and include the option for
additional height in the design review process.
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Related provisions of Title 21A, Zoning, may also be amended as
part of this petition. (Petitioner - Mayor Ralph Becker) .
Councilmember LaMalfa moved and Councilmember Simonsen seconded
to close the public hearing, which motion carried, all members voted
aye .
Councilmember Simonsen moved and Councilmember Penfold seconded
to defer action to a future meeting, which motion carried, all members
voted aye .
(0 13-6)
#2 . 7:12:16 PM Accept public comment and consider adopting an
ordinance to amend the Capitol Hill Master Plan Future Land Use Map,
rezone several properties located between 300 North and 800 North and
400 West and 200 West and change the Mixed Use (MU) zoning district
regulations pursuant to Petition Nos . PLNPCM2012-00462, PLNPCM2012-
00463, PLNPCM2012-00464 . View Attachments The proposal would:
• Amend Master Plan future land use map for properties located in
the area of 400 West between 600-800 North from General
Commercial to High Density Mixed Use, and rezone those parcels to
Mixed Use (MU) to match the surrounding area .
• Amend the Master Plan future land use map designations for most
of the west side of 300 West between 400 and 500 North from
Medium Density Residential and General Commercial to Medium
Density Mixed Use, and rezone four parcels along the 300 West
corridor from Residential Multi-Family (RMF-35) parcels to Mixed
Use (MU) to allow commercial retail uses.
• Amend the Master Plan future land use map designation for one
commercial property located on the northeast corner of 300 West
and 300 North from Medium Density Residential to Medium Mixed Use
to correct a conflict in the plan.
• Amend the Mixed Use (MU) zoning district regulations to provide
additional flexibility for compatible residential and commercial
mixed use developments.
Although the applicant has requested that the property be rezoned
to the Mixed Use (MU) zone, consideration may be given to rezoning the
property to another zoning district with similar characteristics.
Related provisions of Title 21A, Zoning, may also be amended as
part of this petition. (Petitioner: Mayor Ralph Becker) .
7:13:06 PM Paul Christensen and Nathan Anderson, property owners,
spoke in favor of the proposed amendments .
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7:13:26 PM Nephi Kemmethmueller said there were families living in
this area who did not want high density on the east side of 400 West
between 600 and 800 North.
Councilmember Penfold moved and Councilmember Simonsen seconded
to close the public hearing and defer action to a future meeting,
which motion carried, all members voted aye .
(P 13-3)
#3. 7:16:25 PM Accept public comment and consider adopting an
ordinance amending the Consolidated Fee Schedule to modify the
Athletic Facility Reservation Fees and the included Food and Beverage
Service Permits. View Attachments The proposal would:
• Change field fees from a weekly rate of $15 per week per field
to:
o $2 per hour per field for non-profit youth organizations.
o $4 per hour per field for other youth organizations.
o $5 per hour per field for adult organizations.
• Change the format for assigning field space from a weekly basis
to an hourly basis.
• Increase food and beverage permit fees.
As the demand for athletic fields in traditional and non-
traditional sports is growing, the Administration is proposing these
changes in an effort to create more opportunities for participation in
sports leagues and activities. If approved by the Council, these
changes would require the Consolidated Fee Schedule to be amended to
reflect the new charges.
7:17:07 PM Tom Green, Matt Linford, Jenifer Briseno, Tom Dickerson,
Tim Smith, Andy Theurer, Jeff Harris, Kevin Parke, Joel Evans,
Charlotte Fife-Jepperson, Kim VanDyke, Eric Pavilus, Brad Bartholomew
and Chad Hemmingway spoke or submitted written comments about the
proposal . Comments included how baseball benefitted children,
negative impact of fee increase, review rates-for-profit concept, use
North Salt Lake City as model, reservation issues, grandfathering
clause/issues, learning sportsmanship/teamwork, field maintenance and
conditions, multi-purpose uses, volunteer/sweat equity issues,
concession fee hardship and having control of fields .
7:38:33 PM Councilmember Love moved and Councilmember Simonsen
seconded to close the public hearing and defer action, which motion
carried, all members voted aye .
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Councilmember Love said there were not enough fields to meet
needs and lacked adequate maintenance . She requested staff analyze
how North Salt Lake City did reservations in connection to
grandfathering as well as Salt Lake County' s fee structure . She said
she was interested in an amendment that gave priority to Salt Lake
City kids and sports clubs . She said there were differences between
multi-use and single-use fields and a better understanding was needed
about the football exception.
7:40:27 PM Councilmember Christensen suggested a subcommittee work
with staff to address some of these issues due to the imminent season.
It was determined that Council Members Garrott, Love, and Luke would
serve on the subcommittee.
Clarification was offered about scheduling/fees that would go
into effect this season. Discussion was held regarding how to
equitably address timing issues . Councilmember Love said the intent
was to allow leagues/teams to schedule time which was being impacted
by the fee structure . She said additional discussion was needed about
the fee structure to help organizations plan for future years .
(0 13-7)
#4 . 7:45:42 PM Accept public comment and consider adopting an
appropriation resolution adopting the One-Year Annual Action Plan for
the FY 2013-2014 that includes Community Development Block Grant
funding (CDBG) , Home Investment Partnerships Program funding (HOME) ,
Emergency Shelter Grant funding (ESG) , Housing Opportunities for
Persons with AIDS funding (HOPWA) , and approving the inter local
cooperation agreement between Salt Lake City and the U. S . Department
of Housing and Urban Development. View Attachments
7:46:53 PM The following spoke on the One-Year Action Plan for CDBG
for Fiscal Year 2013-2014 : Roger Borgenicht in support of Assist;
Darrin Bush in support of the Development Corporation of Utah; Suzanne
Arthur and Rob Pedersen in support of NeighborWorks Salt Lake; Ifa
Motuliki, Leslie Folau, Eva Black, Kim Black, Peiholani Nacata,
Gaylynn Nelson and Cal Nelson spoke in support of Glendale Park Rehab
and restroom by the tennis courts; Debbie Stone in support of Big
Brothers/Big Sisters; Leann Saldivar in support of the Boys and Girls
Clubs and Youth With a Voice Program; Jose Lazaro in support of
Catholic Community Services; Sharon Abegglen in support of Salt Lake
Community Action; Mary Richardson in support of Salt Lake Community
Action and the Food Pantry Program; Dexter Pearce in support of
Community Health Centers; Bobbi Lord in support of Salt Lake Donated
Dental Services; Mariah Griffith in support of Family Support Center
programs; Stewart Ralphs in support of Legal Aid Society of Salt
Lake; DeWitt Smith and Jeff Bair in support of the Liberty Wells
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Community Council start-up Neighbor for Neighbor Program; Kathleen
Zeitlin and Shirley Hon in support of the Salt Lake Peer Court; Holly
Mullen in favor of the Rape Recovery Center; Celeste Eggert in support
of The Road Home; Amy Bosworth and Sarah Epperson spoke in support of
United Way of Salt Lake; Jocelyn Romano in support of Utah Health and
Human Rights; Ashley Patterson in support of Wasatch Community
Gardens; Kristy Chambers in support of the Wasatch Homeless Health
Care Medical Outreach Service Team; Angela Wright and Amberlie
Phillips in support of the YMCA; Stephanie Mackay in support of the
Columbus Foundation Community Center; Michael Westover in support of
Dual Emersion Academy; Daniel Schwartz in support of The Haven Drug
and Alcohol Treatment Center; Nicole Barber in support of The House of
Hope; Kali Mower in support of Odyssey House of Utah; Kathy Bray in
support of the Volunteers of America; Tony Milner in support of the
Family Promise; Staci Stephens in support of Valley Mental Health; and
Randy Gant spoke in support of The Housing Authority of Salt Lake
County.
8:37:44 PM Mayor Becker said funding/programs were cut by the
Federal Government and suggested residents contact their Congressional
leaders about the critical need to have these beneficial programs
available to the community.
Councilmember Penfold moved and Councilmember Simonsen seconded
to close the public hearing and defer action, which motion carried,
all members voted aye . It was noted that public comments/input would
be accepted until official action was taken.
(T 13-1)
POTENTIAL ACTION ITEMS
#1 . 9:11:23 PM Adopting an ordinance amending Chapter 2 . 64, Salt
Lake City Code, to replace code provisions relating to access to City
records with direct applicability of Utah' s Government Records Access
and Management Act (GRAMA) in Utah Code (Section 63G-2-101 et seq. )
The proposal would eliminate the Records Appeal Board, resulting in
all appeals going through the City's Chief Administrative Officer
designated for that purpose by the Mayor. The proposal would also
repeal the City's independent records ordinance. The City would
instead rely directly on GRAMA itself, including use of the existing
State Record's appeal process. View Attachments
Councilmember Simonsen moved that the Council not adopt the
ordinance . The motion failed for lack of a second.
Councilmember Christensen moved and Councilmember LaMalfa
seconded to adopt Ordinance 13 of 2013.
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MINUTES OF THE SALT LAKE CITY COUNCIL
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9:12:13 PM Councilmember LaMalfa spoke in support to the motion.
9:12:46 PM Councilmember Simonsen spoke in support of his motion
not to adopt the ordinance . He said it was important to keep public
oversight over this process and the change did not serve the public' s
best interest.
9:13:46 PM Councilmember Christensen said if record requests were
denied, it was more transparent to have them reviewed by a neutral
body.
Councilmember Garrott called for the question, which motion
carried, all members voted aye, except Council Members Garrott and
Simonsen, who voted nay.
(0 13-2)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL
9:14:40 PM Councilmember LaMalfa congratulated Mayor Becker and
Salt Lake City for being recognized as one of the top 12 cities
Leading the Way in Sustainability.
9:15:06 PM Mayor Becker said the City was committed to achieve
sustainability and find ways to reduce the carbon footprint. He said
accomplishing sustainability goals would impact the quality of life
for generations to come and welcomed all ideas .
COMMENTS TO THE CITY COUNCIL
9:19:40 PM Oscar Ross said he was accosted by police officers on
January 11, 2009 and asked the Mayor/Police Chief to continue
investigating the incident.
9:21:35 PM Jeff Bair said he felt the route for the Sugar House
Streetcar line should go east to Sugar House Park rather than Monument
Plaza.
9:24:10 PM Marlin Baer, spoke/submitted written comments regarding
House Bill 104 and grievances involving the Airport and requested a
written response .
UNFINISHED BUSINESS
9:26:49 PM Adopting an ordinance amending Section 2 . 68 .010,
relating to nominations and declarations of candidacy to conform with
State law; Section 2 . 06. 040, relating to the Council meeting notice
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requirements to conform with State law; adding State law references to
Sections 5. 08 . 095 .C, relating to false alarms; 5 . 42 . 040, relating to
marriage services and dating services; 5 . 74 . 170 .A, relating to
theaters and concerts; 9.24 . 030, relating to air pollution control;
5 . 61 . 050, relating to sexually oriented businesses; and 5 . 74 . 140,
relating to obscene films. View Attachments
Councilmember LaMalfa moved and Councilmember Penfold seconded to
adopt Ordinance 14 of 2013, which motion carried, all members voted
aye .
(0 13-5)
CONSENT
9:28:02 PM Councilmember Penfold moved and Councilmember Simonsen
seconded to adopt the Consent Agenda with the exception of Item H1,
which motion carried, all members voted aye .
9:28:58 PM Councilmember LaMalfa moved and Councilmember Penfold
seconded to set the date for the Sugar House Streetcar Extension
Alternatives for Tuesday, April 23, 2013 at 7 : 00 p.m. , which motion
carried, all members voted aye, except Councilmember Garrott, who
voted nay.
#1. Setting the date of Tuesday, April 23, 2013 at 7 : 00 p.m. to
accept public comment and consider adopting a resolution designating
the "locally preferred alternative" (route) for the street car. The
Administration' s recommendation and other alternatives are described
in the Sugar House Streetcar Phase II Alternatives Analysis draft
report. This action would determine where the next phase of the Sugar
House Streetcar would go. View Attachments
Clarification was made that the public hearing was only for the
Alternatives Plan, not the Circulation and Streetscape Amenities Plan.
(P 13-4)
#2 . RE: Setting the date of Tuesday, April 23, 2013 at 7 :00 p.m.
to accept public comment and consider adopting an ordinance that would
amend the CN-Neighborhood Commercial zoning of property located at
1321 South 500 East to remove covenants, conditions and restrictions
(CCRs) linked to zoning of the property pursuant to Petition
PLNPCM2012-00588 . This would allow the applicant to demolish the
existing building and construct a mixed use residential/office
building. Although the applicant has requested amending the CN-
Neighborhood Commercial zoning to remove the CCRs, consideration may
be given to rezoning the property to another zoning district with
similar characteristics. Petitioner: Michael Lobb. View Attachments
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(P 13-5)
#3 . RE : Approving the appointment of Jim Schwing to the Housing
Advisory and Appeals Board for a term extending through December 31,
2017 .
(I 13-3)
The meeting adjourned at 9 : 29 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 March 26, 2013 .
clm
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