05/20/2014 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, MAY 20 , 2014
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, May 20, 2014 at 7 : 00 p.m. in Room 315, City Council Chambers,
City County Building, 451 South State .
The following Council Members were present:
James Rogers Kyle LaMalfa Stan Penfold
Luke Garrott Erin Mendenhall Charlie Luke
Lisa Adams
Cindy Gust-Jenson, Executive Council Director; Margaret Plane, City
Attorney; David Everitt, Mayor' s Chief of Staff; Mayor Ralph Becker; and
Beverly Jones, Deputy City Recorder; were present.
Councilmember Luke presided at and Councilmember LaMalfa conducted
the meeting.
OPENING CEREMONY
#1. 7:15:39 PM The Pledge of Allegiance was led by Girl Scout Troop
2492 from Nibley Park Elementary School .
7:17:04 PM Councilmember LaMalfa had the girl scouts introduce their
selves .
#2 . 7:18:30 PM Councilmember Mendenhall moved and Councilmember
Penfold seconded to approve the minutes of the following Salt Lake City
Council meetings, which motion carried, all members voted aye . View
Attachments
• April 22 , 2014 Work Session
• April 29, 2014 Work Session
• May 6, 2014 Formal Session
• May 13 , 2014 Formal Session
(M 14-4) (M 14-3)
PUBLIC HEARINGS
#1 . RE : 7:18:54 PM Accept public comment and consider adopting an
ordinance amending certain land use provisions of Title 21A, Zoning,
Salt Lake City Code, pursuant to Petition No . PLNPCM2013-00291 .
The proposed changes include: View Attachments
• clarifying the allowable front-yard fence height (maximum 4 feet)
for non-residential zoning districts;
• resolving confusing setback language for the R-MU (Residential
Mixed Use) and TSA (Transit Station Area) districts; and
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• including exemptions for bike share stations and bus stop
shelters in park strips. Currently, poured concrete pads in park
strips are limited to 4 feet, preventing the City and UTA from
making bike share and bus stop shelter improvements.
Related provisions of Title 21A, Zoning, may also be amended as
part of this petition. (Petitioner - Mayor Ralph Becker)
Councilmember Garrott moved and Councilmember Luke seconded to
close the public hearing and adopt Ordinance 20 of 2014 .
7 :19:20 PM Councilmember Garrott said funding was time sensitive . He
said he had reservations about the Zoning Administrator having all the
discretion to determine designs of bus stations . He said the
Administration would bring some design standards back to the Council for
consideration.
Councilmember LaMalfa called for the question, which motion
carried, all members voted aye .
(0 14-12)
#2 . RE: 7:20:35 PM Accept public comment and consider adopting an
ordinance amending the Fiscal Year 2013-2014 final budget of Salt Lake
City and the final Library budget. Budget amendments happen several times
each year to reflect adjustments to the City's budgets. This proposed
budget amendment includes adjustments totaling $13,194,800. (Budget
Amendment No. 3) Amendments include: View Attachments
• stone remediation for the City & County Building;
• dump truck purchases for snow removal;
• land acquisition for a community garden in District Four;
• carry-forward Public Utilities projects;
• expansion of the City's Bike Share program; and more.
Leonard Iversen said he was concerned about lack of public safety.
He said he had been robbed several times . He said the number of patrol
officers had been cut. He spoke against closing Fire Station No. 9 .
Councilmember Luke moved and Councilmember Rogers seconded to close
the public hearing and defer action to a later date, which motion
carried, all members voted aye .
(B 14-5)
#3 . RE: 7:25:32 PM Accept public comment and consider adopting an
ordinance regarding a request by the Salt Lake City Redevelopment Agency
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(RDA) to reduce the width of 300 South Street between 500 West and 600
West streets from 132 feet to 85 feet pursuant to Petition No.
PLNPCM2013-00882 . The purpose would be to reduce the width of the street
to a more pedestrian scale and encourage the future use of 300 South as
a festival street. The reduction must be reviewed as a street closure
and requires a public hearing. (Petitioner Redevelopment Agency of Salt
Lake City) View Attachments
Councilmember Luke moved and Councilmember Garrott seconded to
close the public hearing and defer action to a later date, which motion
carried, all members voted aye .
(P 14-9)
#4 . RE: 7:26:14 PM Accept public comment regarding ordinances
relating to the Salt Lake City Budget for Fiscal Year 2014-2015. Please
note: Ordinances "a" through "m" are associated with the implementation
of the budget including the Library Fund. All ordinances will be heard
as one public hearing item during the May 20 and June 3 public hearings.
a) Ordinance adopting the City budget, excluding the budget for the
Library Fund which is separately adopted, and the employment
staffing document of Salt Lake City for fiscal year 2014-2015 .
(B 14-1)
b) Ordinance adopting the budget for the Library Fund of Salt Lake
City, Utah for fiscal year 2014-2015 .
(B 14-2)
c) An ordinance adopting the rate of tax levy, including the levy for
the Library Fund, upon all real and personal property within Salt
Lake City made taxable by law for fiscal year 2014-2015 .
(B 14-1)
d) Ordinance adopting the rate of tax levy to be credited to the
Library Fund for fiscal year 2014-2015 .
(B 14-2)
e) Ordinance approving the compensation plan for all non-represented
employees of Salt Lake City.
(0 14-13)
f) Ordinance appropriating necessary funds to implement, for fiscal
year 2015, the provisions of the Memorandum of Understanding (MOU)
dated effective June 23, 2013, as amended, between Salt Lake City
Corporation and the American Federation of State, County, and
Municipal Employees Local 1004 (AFSCME) , representing eligible
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employees, pursuant to the Collective Bargaining and Employee
Representation Joint Resolution dated March 22, 2011 .
(0 13-12)
g) Ordinance appropriating necessary funds to implement, for fiscal
year 2015, the provisions of the Memorandum of Understanding between
Salt Lake City Corporation and the International Association of
Firefighters Local 1645, representing Firefighters and Fire
Captains in the Salt Lake City Fire Department, dated on or about
June 20, 2012 .
(0 12-15)
h) Ordinance approving a Memorandum of Understanding between Salt Lake
City Corporation and the International Union of Police Associations
Local 75, representing Police Officers in the Salt Lake City Police
Department pursuant to the Collective Bargaining and Employee
Representation Joint Resolution dated March 22, 2011 .
(0 14-14)
i) Ordinance appropriating necessary funds to implement, for fiscal
year 2015, the provisions of the Memorandum of Understanding between
Salt Lake City Corporation and the International Union of Police
Associations Local 75, representing Police Officers in the Salt
Lake City Police Department, dated on or about June 20, 2014 .
(0 14-14)
j ) Ordinance amending Sections 15 . 16 . 031 and 15 . 16 . 035, Salt Lake City
Code, relating to golf courses, green fees, and group reservations .
(0 14-15)
k) Ordinance amending Section 12 . 56 . 550, Salt Lake City Code, relating
to civil penalties for unauthorized use of streets, parking lots,
and other areas .
(0 14-16)
1) Ordinance enacting Section 3 . 16 . 060, Salt Lake City Code, to provide
for a surcharge on transactions involving the use of a credit card.
A surcharge on any transaction on which a credit card is used to
pay impact fees, justice court fees or penalties, or any fees that
go into the City's general fund. The ordinance exempts paying for
parking time through parking meters, parking pay stations, and the
City's pay-by-phone system from the surcharge.
(0 13-16)
m) Ordinance amending the Salt Lake City Consolidated Fee Schedule to
modify various fees included therein. The Consolidated Fee Schedule
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is a list of fees currently charged by different departments
throughout the City. The changes related to Fiscal Year 2014-15
include, but are not limited to:
• an increase of 1 . 2% to all fees, except parking meter rates,
to adjust for the consumer price index;
• adding a new section for all fees related to special events
(rather than separated out by department) ;
• allowing for a surcharge on any payments to the City made with
a credit card;
• establishing that the minimum credit card purchase at a parking
pay station is $2 and that the minimum charge for a coin
purchase is $0 . 25;
• establishes a fee for new proposed corporate golf pass and;
• establishes a fee for a six-hole golf experience at Nibley
Park and Rose Park Golf Courses, depending on availability.
(0 11-9)
George Chapman spoke about the 911 system. He said he wanted to see
all dispatch centers combined. He asked the Council to keep the library
personnel . Jim Webster said he was concerned about the budget
appropriations and whether there would be any funding for the proposed
modifications at Miller Park.
Councilmember Penfold moved and Councilmember Garrott seconded to
continue the hearing to June 3 , 2014, which motion carried, all members
voted aye .
#5 . 7 :31:29 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 Garrott 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.
Director Penfold moved and Director Garrott 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 14-10 for Local Building Authority minutes .
POTENTIAL ACTION ITEMS
Councilmember LaMalfa turned the meeting over to Councilmember
Luke .
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#1. RE: 7:34:02 PM Adopting an ordinance amending, enacting, and
repealing certain ordinances of Salt Lake City Code governing animal
control classifications and enforcement processes. (Amending Sections
8 . 04 . 010, 8 . 04 . 020, 8 . 04 . 070, 8 . 04 . 100, 8 . 04 . 280, 8 . 04 . 320, 8 . 04 . 340,
8 . 04 . 370, 8 . 04 . 390, 8 . 04 . 400, 8 . 04 . 420, 8 . 08 . 050 and 8 . 12 . 020; enacting
Chapter 8 . 15 and Sections 8 . 04 . 125 and 8 . 04 . 405; and repealing sections
8 . 04 . 180, 8 . 04 . 220, 8 . 04 . 500, 8 . 04 . 510, 8 . 04 . 520, 8 . 04 . 521, and
8 . 10 . 100 . ) The proposal would: View Attachments
• establish written standards and criteria that would be used to
classify animals as dangerous or vicious;
• require owners of dangerous animals to have a permit and a
containment agreement;
• prohibit animals that are defined as vicious to be kept by owners.
• allow Animal Services to seize animals when out of compliance
with City ordinance without a warrant and a court order;
• change the approach to the hearing and appeals process. The
proposal would offer individuals the option to receive a notice
of violation in lieu of a criminal citation as long as
stipulations are met;
• require vicious animals to be impounded and their owners
notified. The animal would be held for 10 days following
notification of the owner and euthanized or otherwise processed
by animal services, unless the owner initiates an appeal to
change the vicious dog classification;
• add restrictions to tethering a dog to avoid injury and
restriction of movement and implement a tethering time of no
longer than 10 hours within a 24 hour period; and
• implement an enforcement model based on County Code that would
give Animal Services the discretion to issue a criminal citation
to any person who receives a notice of violation. Implementation
of an enforcement model based on County Code would eliminate
Section 8. 04. 521, Salt Lake City Code, Appendix A which would
result in City residents being subject to the County's higher
penalty fees.
Councilmember LaMalfa moved and Councilmember Garrott seconded to
adopt Ordinance 21 of 2014 with the following amendment including
language that mirrors the Salt Lake County Code that states it is
unlawful for any person to provoke an animal which is being kept housed
or confined in compliance with the code; a tethering time limit of one
hour within a 24-hour period rather than the proposed 10 hours; and
additional language to Section 8 . 04 .400 regarding tethering of dogs
restrictions that would require a person responsible for the tethered
animal to provide adequate water, food, care, and shelter to protect the
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animal from elements of extreme weather conditions.
7:35:22 PM Councilmember LaMalfa said the amendments made it unlawful
to antagonize confined animals, reduced the tethering limit from 10 hours
to one hour in a 24 hour period, and provided for food, water, and
shelter.
7 :36:12 PM Councilmember Mendenhall said she was uncomfortable with
the one hour tethering amendment. She said it was unnecessarily limiting.
She said someone could let their dog out in the morning for an hour and
they could come home and let their dog out in the afternoon for an hour.
Councilmember Mendenhall proposed a friendly amendment to the
motion. She proposed that a dog could be tethered one hour every eight
hours and the intent was for nonconsecutive hours . Councilmember LaMalfa
said he would accept the friendly amendment.
7 :38:59 PM Councilmember Rogers said one hour during a 24 hour period
was limiting for dog owners especially if they worked. He said one hour
on a tether per eight hours was very restrictive . He said he would be
voting against the motion.
Councilmember Luke called for the question, which motion carried,
all members voted aye except Councilmember Rogers who voted nay.
(0 14-11)
Councilmember Luke turned the time back over to Councilmember
LaMalfa.
#2 . RE : 7:39:53 PM Adopting an ordinance amending the zoning of
property located at 289 North Almond Street and closing a portion of
West Temple pursuant to Petition Nos . PLNPCM2013-00920 and PLNPCM2014-
00001 . The proposal would amend the development agreement to reduce the
number of units from 34 to 33 and reduce the number of internal parking
stalls from 80 to 60. The proposal would also close the eastern portion
of West Temple where it intersects at 300 North, with the landscaped
island becoming part of the development as on-street parking. (Petitioner
- Garbett Homes) View Attachments
Councilmember Penfold moved and Councilmember Rogers seconded to
adopt Ordinance 22 of 2014 , which motion carried, all members voted aye .
(P 14-6)
#3 . RE : 7 :40:15 PM Adopting an ordinance closing a City-owned alley
located in an area bounded by 900 South and American Avenue and 400 West
and a Utah Transit Authority (UTA) rail corridor pursuant to Petition
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No. PLNPCM2013-00340 . The alley has not functioned as a public alleyway
and has been gated and used for parking and private business access.
Under the proposal, the alley would be sold to the applicant at fair
market value. (Petitioner - BM&V Enterprises) View Attachments
Councilmember Luke moved and Councilmember Rogers seconded to adopt
Ordinance 23 of 2014, which motion carried, all members voted aye.
(P 14-7)
COMMENTS TO THE CITY COUNCIL 7 :42:06 PM
Cindy Cromer said Salt Lake City' s water was its greatest natural
resource and was essential to the sustainability of the City.
Jonathan Harman, Executive Director of the Pioneer Park Coalition,
said the coalition was made up of both private and public interest around
the Pioneer Park neighborhood. He said they wanted to endorse and lend
their support to Chief Burbank and his efforts to concentrate police
efforts in the Rio Grande and Depot Districts .
Michael Stransky said he owned a business at 375 West 200 South and
he owned the building on the corner of 400 West 200 South. He said in 16
years he had never seen conditions any worse. He said drugs were being
sold on his front steps . He said he supported Chief Burbank' s initiative
to put more resources in the area.
George Chapman spoke about fireworks . He said some Council Members
fireworks caused air quality problems . He suggested the Council work
with UTA to provide service to Sugar House fireworks on July 4th. He said
he was against the one hour tethering proposal for dogs .
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UNFINISHED BUSINESS
#1 . RE: 7:50:35 PM Adopting an ordinance regarding a proposal on a
grant program that would enable residents with urban gardens to use water
for irrigating at a lower cost. The Council approved $30, 000 for the
grant program, during the fiscal year 2013-14 budget, with the intention
that the funds would support large urban gardens by offsetting the cost
of the water used for irrigating the garden space. View Attachments
Councilmember Garrott moved and Councilmember Penfold seconded to
adopt Ordinance 24 of 2014 .
7 :51:00 PM Councilmember Garrott said water was the City' s most
cherished resource . He said it mattered how water was used.
7 :51:30 PM Councilmember Luke said he would be voting against the
ordinance because he felt subsidizing water for one use over another use
was not correct. He said there were a number of issues where other
enterprise funds were at a disadvantage because they paid the full price
for water.
7 :52:43 PM Councilmember LaMalfa said the $30, 000 had been earmarked
for another program which would have required the City to install a water
meter at any place that wanted to use the water at the lower price. He
said the City would have been able to help six residents with big gardens .
He said the substitute grant program subsidized the cost of water but
took the water from a Tier 2 rate to Tier 1 rate . He said the Tier 1
rate would allow residents to use the water for longer in the season and
at a specified volume subject to the size of the garden. He said the
substitute program would impact 200 residents instead of six.
7:55:25 PM Councilmember Mendenhall said she would support the
ordinance . She said it was a good preemptive move for the City as they
were looking at expanding the price of water for residents in the coming
years .
7 :56:04 PM Councilmember Rogers asked why the City was not giving
people who had xeroscaped their yards a better water rate . He said he
would be voting against the ordinance .
7 :56:55 PM Councilmember Penfold said this was a small token in his
perspective to a global issue of importing food and the significant
environmental impact it had to all residents . He said he would support
the motion.
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Councilmember LaMalfa called for the question, which motion
carried, Council Members Mendenhall, Penfold, Adams, and LaMalfa voted
aye and Council Members Luke, Rogers, and Garrott voted nay.
(0 14-17)
CONSENT AGENDA 7:58:22 PM
Councilmember Penfold moved and Councilmember Garrott seconded to
adopt the Consent Agenda, which motion carried, all members voted aye.
#1 . RE: Setting the date of Tuesday, June 10 , 2014 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance that would allow
assisted living facilities to be developed in the Sugar House Business
District (CSHBD) pursuant to Petition No. PLNPCM2014-00027 . Currently,
assisted living facilities are not allowed in the district. The proposed
changes would affect Section 21 .A. 33. 030 - Table of Permitted and
Conditional Uses for Commercial Districts. Related provisions of Title
21A, Zoning, may also be amended as part of this petition. (Petitioner
- Aabir Malik)
(P 14-10)
The meeting adjourned at 7 : 58 p.m.
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 City Council Regular Session meeting held May
20, 2014 .
bj
14 - 10