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03/26/2013 - Formal Meeting - Minutes 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 . Error! Hyperlink reference not valid. Pledge of Allegiance was led by Scout Troop 402 . #2 . Error! Hyperlink reference not valid. 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. Error! Hyperlink reference not valid. 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 . Error! Hyperlink reference not valid. 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 13 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 26, 2013 additional height in the design review process. 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 . Error! Hyperlink reference not valid. 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) . 13 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 26, 2013 Error! Hyperlink reference not valid. Paul Christensen and Nathan Anderson, property owners, spoke in favor of the proposed amendments . Error! Hyperlink reference not valid. 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 . Error! Hyperlink reference not valid. 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. Error! Hyperlink reference not valid. 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 . Error! Hyperlink reference not valid. Councilmember Love moved and Councilmember Simonsen seconded to close the public hearing and defer 13 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 26, 2013 action, which motion carried, all members voted aye. 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. Error! Hyperlink reference not valid. 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 . Error! Hyperlink reference not valid. 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 Error! Hyperlink reference not valid. 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 13 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 26, 2013 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 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. Error! Hyperlink reference not valid. 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 . Error! Hyperlink reference not valid. 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. 13 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 26, 2013 Councilmember Christensen moved and Councilmember LaMalfa seconded to adopt Ordinance 13 of 2013. Error! Hyperlink reference not valid. Councilmember LaMalfa spoke in support to the motion . Error! Hyperlink reference not valid. 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. Error! Hyperlink reference not valid. 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 Error! Hyperlink reference not valid. Councilmember LaMalfa congratulated Mayor Becker and Salt Lake City for being recognized as one of the top 12 cities Leading the Way in Sustainability. Error! Hyperlink reference not valid. 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 Error! Hyperlink reference not valid. Oscar Ross said he was accosted by police officers on January 11, 2009 and asked the Mayor/Police Chief to continue investigating the incident. Error! Hyperlink reference not valid. Jeff Bair said he felt the route for the Sugar House Streetcar line should go east to Sugar House Park rather than Monument Plaza. Error! Hyperlink reference not valid. Marlin Baer, spoke/submitted written comments regarding House Bill 104 and grievances involving the Airport and requested a written response . (View Comments) UNFINISHED BUSINESS 13 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 26, 2013 Error! Hyperlink reference not valid. 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 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 Error! Hyperlink reference not valid. 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 . Error! Hyperlink reference not valid. 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- 13 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MARCH 26, 2013 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 (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 13 - 8