11/17/2015 - Formal Meeting - Minutes (2) MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 17 , 2015
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, November 17, 2015 at 7 : 06 p.m. in Room 315, Council Chambers,
City County Building, 451 South State.
The following Council Members were present:
Luke Garrott Stan Penfold James Rogers
Kyle LaMalfa Erin Mendenhall Lisa Adams
The following Councilmember was absent:
Charlie Luke
Cindy Gust-Jenson, Executive Council Director; David Everitt,
Mayor' s Chief of Staff; Margaret Plane, City Attorney; and Cindi
Mansell, City Recorder; were present.
Councilmember Garrott presided at and conducted the meeting.
OPENING CEREMONY
#1 . The Pledge of Allegiance.
#2 . 7:06:51 PM Councilmember Rogers moved and Councilmember
Mendenhall seconded to approve the minutes of the Work Session meeting
held October 6, 2015, which motion carried, all members present voted
aye .
(M 15-4)
#3 . 7:07:08 PM The Council will consider adopting a Joint
Resolution with Mayor Becker in observation of December 1, 2015 as
World AIDS Day.
The resolution was read by Councilmember Penfold.
Councilmember Penfold moved and Councilmember LaMalfa seconded to
adopt Resolution 36 of 2015, which motion carried, all members present
voted aye .
(R 15-1)
PUBLIC HEARINGS
#1 . 7:10:22 PM Accept public comment and consider the following
Grant Application Submissions: View Attachments
1 . Continuation Grant: Emergency Management Performance Grant (EMPG)
Grant Amount: $35, 000
2. Workplace Safety Grant Program 2016 Safety Training for Salt Lake
City Employees with Limited English Proficiency Grant Amount:
$1 7, 930
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3. Utah Waypoint Grant - Ensign Peak Visitor Trail Reconstruction
Grant Amount: $31,500
4 . Grant Renewal - Salt Lake County After-School Program Serving
Elementary School Age Youth Grant Amount: $41,599
5. Violence Against Women Act (VAWA) and Housing Opportunities for
Persons with AIDS (HOPWA) Project Demonstration Grant Amount:
$1,296, 928
6. Utah Emergency Medical Services Grants Program (Fire Department)
Grant Amount: $15, 693
Councilmember Penfold moved and Councilmember Adams seconded to
close the public hearing and defer action to a future Consent Agenda,
which motion carried, all members present voted aye .
(B 15-4)
#2 . 7 :14 :30 PM Accept public comment and consider a proposed
ordinance amending the zoning map pertaining to properties associated
with the Indiana Avenue Neighborhood Node pursuant to Petition No .
PLNPCM2014-00381 . Properties located at 1380 West Indiana Avenue, 1410
West Indiana Avenue, 1416 West Indiana Avenue, 1420 West Indiana
Avenue, 1424 West Indiana Avenue, and 1430 West Indiana Avenue to
rezone said properties from Neighborhood Commercial (CN) to
Residential/Mixed Use (R-MU-35) . These zoning amendments are part of
the Westside Master Plan implementation process, a priority of the
Council 's this year. These amendments are designed to better foster
neighborhood business zones on the westside, a need identified in the
planning process. Although the properties are proposed to be rezoned
to Residential/Mixed Use (R-MU-35) , consideration may be given to
rezoning the properties to another zoning district with similar
characteristics. (Petitioner - Mayor Ralph Becker) View Attachments
Councilmember LaMalfa moved and Councilmember Penfold seconded to
close the hearing and adopt Ordinance 57 of 2015 amending the zoning
map pertaining to properties located at 1416 West Indiana Avenue, 1420
West Indiana Avenue, 1424 West Indiana Avenue, and 1430 West Indiana
Avenue to rezone said properties from CN (Neighborhood Commercial) to
R-MU-35 (Residential Mixed Use) ; the property at 1410 West Indiana
Avenue be rezoned to R-MU-35, subject to a restrictive covenant being
recorded against the property that requires : any development and
future use of the property shall include commercial uses for the
ground floor; conditions of zoning may only be amended by legislative
action; conditions of zoning shall run with the land; and the property
at 1380 West Indiana Avenue not be rezoned to R-MU-35 but remain as
CN; which motion carried, all members present voted aye .
(P 15-17)
#3 . 7 :16:35 PM Accept public comment and consider a proposed
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ordinance to adopt the Plan Salt Lake General Plan pursuant to
Petition No. PLNPCM2011-00682. Plan Salt Lake is a citywide master
plan designed to create high-level policies and vision that will guide
the City and its respective neighborhoods for the next 20 years. The
Council has received regular updates as the plan has progressed.
(Petitioner - Mayor Ralph Becker) View Attachments
George Chapman and Jonathan Munoz spoke against the proposal .
Concerns included postponing until after the new Mayor took office,
downtown panhandling situation, need to remedy perception of the City,
and provide the appearance of a clean city.
Douglas Cotant discussed panhandling and said UTA would not
address the situation.
David Reed suggested the approach of strategically-placed coin
boxes to donate funds to those who need assistance .
Councilmember Penfold moved and Councilmember Adams seconded to
continue the public hearing to the December 1, 2015 meeting, which
motion carried, all members present voted aye .
(T 13-3)
#4 . 7:22:15 PM Accept public comment and consider a proposed
ordinance to provide text amendments for Assisted Living and other
similar facilities pursuant to Petition No. PLNPCM2014-00388. Proposed
amendment of definitions for assisted living and other similar
facilities and the City's land use tables to allow assisted living
facilities in more zoning districts. These changes will align City
zoning definitions with state law and will remove duplicate
information. The amendment will also address a temporary land use
regulation, adopted on June 16, 2015, pertaining to facilities that
provide end of life care and respite care. Related provisions of Title
21A, Zoning, may also be amended as part of this petition. (Petitioner
- Mayor Ralph Becker & Salt Lake City Council - Temporary Land Use
Regulations; Salt Lake City Ordinance No. 26 of 2015) . View
Attachments
The following residents of "The Inn-Between" Facility spoke
against the proposal : Ina Thunderhawk Rodriguez, Rorto Garza, Terry
Peterson, Deena Hudson, Robin Smith, Dan Hull, Benjamin Jones, and
James Adams . Comments included not having any other living options;
being turned down repeatedly for housing; having a warm, safe
atmosphere which also provided companionship; providing residents with
a purpose in life and the ability to take care of each other;
providing critical opportunities to receive medical treatment;
elements in a facility to help individuals get better or die happy;
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and the desire of residents to be good neighbors and fit into the
community.
Dionn Nielsen spoke in favor of the proposal and encouraged the
Council to accept the zoning changes as proposed. She discussed
appropriate zoning in residential neighborhoods; need for family sense
of security; safety not needing to be compromised; privacy disruption;
living in constant fear of retaliation; and concern with
accountability associated with facility licensing.
Carrie Romano, Executive Director for the Ronald McDonald House,
spoke against the proposal . She discussed recent expansion and
concerns about the proposed zoning changes because they did not
receive notice of changes that could potentially be directly related.
She said she received contradictory opinions from Salt Lake City
officials relative to adverse affects . She asked the Council to delay
the vote until the City Attorney or City Staff could clarify
implications .
Michael Fife discussed the rationale associated with the Planning
Commission zoning recommendation .
Kim Correa, Ken Miller, Kent Nabers, Wayne Reynolds, Shelly Webb,
Carrick Bergstrom, Catherine Bergstrom, Ed Blake, Chris Thornton,
Sandy Timboe, Altaf Rahman, Debra Thorpe, Vivian Glaeser, Father John
Norman, Matilda Lindgren, Liam Gallop, Deane Williams , Meghann Mills ,
Linda Bury, Debra Furgeson, Margene Luke, David Reed, Melissa
Ethington, Monty Hanks , Norene Roeca, Jeff McNally, Erin Shadbolt, Jan
Schott, Sarah Schroeder, Steven Goldsmith, Douglas Smith, Mike Harman,
Douglas Cotant, Jason Hales, Daniel Shipp, Debbie Worthy, and Rachel
Romero spoke against the proposal . Comments included: Council not
receiving all critical information to make a final decision; every
American had the right to receive hospice care in the home; humane and
moral ways to address homeless challenges; the Inn-Between facility
solving a small but expensive piece of Salt Lake City homeless
challenges; gaps in the proposed ordinance; potential to expand the
facility; people not being able to get well when they did not have a
home or felt welcomed/loved; this facility filling a necessary gap;
death being inevitable for everyone; every major City in the United
States dealing with this same issue; support of a society which values
someone being able to die with dignity; explanation of the facility
and its purpose relating to being homeless and having a doctor give
you an end of life prognosis; moral responsibility to ensure people
were not dying on Salt Lake City streets; the facility being a
necessary end-of-life care partnership where basic needs were met;
fantastic alternative to dying on the street alone or going back and
forth between high-priced emergency room visits at the expense of
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taxpayers; aging homeless population; this kind of licensing being
necessary for hospice agencies; no alternative resources in this
regard for homeless people; the concept for establishing this
facility; residents should not be categorized as a problem or menace
to society; residents not doing anything wrong except being inside
wanting to live; facility being a first class operation; encouraging
City Staff or Elected Officials to tour the facility to see for
themselves; anyone could be one step away from a terminal illness,
being bankrupt or homeless; there being many elderly coming into a
phase of life where this could happen because of fragile finances and
not because of choices made; no options or funding for other
alternatives; not to allow zoning to stop the facility from doing good
and to find an alternative; the need to care for the elderly and
homeless with compassion; problem in helping the homeless due to
inability to medicate them appropriately without having a location
where the medication could be kept or administered; homeless being at
risk of losing medication or having it stolen; facility being a
designated support system; difficult process associated with working
with homeless; misunderstanding of hospice care; definition of a
"home"; proposed changes necessitating further discussion; and the
need to work together for a solution to move forward.
Thomas Jones, Amelia Fairbourn, Jesus Balderrama, Kaylani
Corneau, Kathleen Maka, Nathan Olpin, Susan Boswell, Rodrigo
Eyzaguirre, Susan Eyzaguirre, Ken Timboe, Kathy Wagner, and Nancy
Sakahara submitted written comments against the proposal and in favor
of the invaluable services offered by "The Inn Between" . A
Neighborhood Survey was also submitted for the record.
Councilmember Penfold moved and Councilmember Rogers seconded to
close the public hearing and defer action, which motion carried, all
members present voted aye .
The Council further discussed the proposal and the need for
additional information from Administration. Councilmember LaMalfa
explained that nothing the Council would do would close the "Inn-
Between" facility or its current operations . Discussion followed
regarding there being no limits established in the Institutional
zoning designation for these types of uses and the need to protect
neighborhoods from some sort of incredibly dense residential use . It
was clarified the question before the Council was regarding limits in
the Institutional Zoning in terms of assisted living/institutional
uses .
(P 15-26) (0 15-10)
#5 . 8:51:56 PM Accept public comment and consider a proposed
ordinance to amend the City' s Solid Waste and Recyclable Regulations .
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The City's Solid Waste and Recyclable Items regulations. The changes
would require businesses and multi-family complexes to establish
recycling programs and create a graduated fine schedule for
noncompliance. The proposed changes include requiring businesses and
multi-family complexes to establish recycling programs, and a
graduated fine schedule for noncompliance with refuse, recycling and
green waste collection laws. View Attachments
Robert Watson, Mike Iverson, Jen Colby, Dylan Gregersen, Katy
Sine, Michael Fife, Christine Watson and Sean Teeter spoke in support
of the proposal . Comments included the feasibility of the proposal;
not to exempt affordable units because they deserve the same services;
the proposal being an important basic entry into recycling; importance
of requiring recycling; and environment and sustainability benefits .
Concerns were expressed that some of these establishments did not have
a space/place for a recyclable dumpster; reputable licensed businesses
attempting to adhere to regulations and having to spend a great deal
of money (vehicles and equipment) ; support offered by the Utah
Restaurant Association Conserve Program to work with Salt Lake City;
whether the program included glass recycling; whether revisions could
be considered regarding automated containers; and ability to process
recycling off-site when space was an issue.
Jolene Taft said she was confused as to requirements and inquired
if consideration had been given as to whether these were charges that
could be passed on to the renters . Council Staff stated they would
follow up with Ms . Taft.
Jason Utgaard said he worked for a company that offered glass
recycling. He explained their current outreach program within targeted
zones and low participation rates . He said they found many residents
were trapped within a large residential complex that wanted to recycle
but could not.
Peter Corroon said it was difficult to find a place for regular
trash cans let alone recycle bins . He suggested a new building
requirement to include space for containers .
Chloe' Tuckett and Kamilla Kavmark submitted written comments in
support of recycling. Comments included potential to offer accessible
recycling bins around the City.
Councilmember Penfold moved and Councilmember Mendenhall seconded
to close the public hearing and defer to the December 1, 2015 Work
Session meeting to include issues for clarification, which motion
carried, all members present voted aye .
(0 15-16)
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#6 . 9:10:46 PM Accept public comment and consider a proposed
ordinance to amend the Final Budget of Salt Lake City, including the
employment staffing document for Fiscal Year 2015-2016 . Budget
amendments happen several times each year to reflect adjustments to
the City's budgets, including proposed project additions and
modifications. Among many other projects, this budget amendment
includes funding for (Budge Amendment No. 2) : View Attachments
• design work on fire stations No. 3 and No. 14;
• implementing Enterprise SLC, an effort to improve economic
development in the city;
• improving email archiving to improve the efficiency and of
public records requests;
• and several other items.
Juan Arce-Larreta said he and his students (via written letters)
were in support of the budget amendment and phases of trail
enhancements included, trails offering educational opportunities for
children, and support of the community.
George Chapman spoke against the budget amendment due to the need
to include mass transit, route expansion, increase ridership, funding
should be providing an overflow homeless shelter area, and need for
more police and walking patrol .
Stephen Goldsmith, Julie Lewis, Muffy Mead-Ferro, and Mary Kay
Lazarus spoke in support of the continued trail process, Salt Lake
City being the trail running capital of the world, access to the trail
system from downtown, and support of the Sego Lily project and public
art at the Sugar House Draw.
Councilmember Penfold moved and Councilmember Rogers seconded to
close the hearing and refer action to a future meeting, which motion
carried, all members present voted aye .
(B 15-12)
#7 . 9:23:26 PM Accept public comment and consider potential changes
to local campaign finance requirements. View Attachments
Bobby Deal, Virginia Lee, Peter Caroon, Frederic Bull, Michael
Iverson, Jen Colby, Tracey Harty, Dylan Gregersen, Greta DeJong,
Natascha Deninger, Gary Harding, and Karen Shepherd spoke in favor of
proposed changes . Comments included the younger population losing
faith in democracy; many not exercising their right to vote because
they either have no choice or felt it did not count; need to level
political playing field; support for Move to Amend; analysis of
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campaigns falling within $500 or less limitation; no limits in the
State of Utah (especially in terms of corporations) ; too much money in
politics; consider lower limits on candidates to help non-incumbents;
recent high voter turnout; building on vote-by-mail by passing an
electorate that every vote counts; voters becoming skeptic of all
politics; recent Supreme Court decision; not creating an environment
in which only the personally wealthy could afford to run for office;
moving ahead with limiting contributions; restricting corporate
contributions; reducing war chest/surplus funds by returning them to
non-profit organizations and not other elected officials; not making
villains out of business corporation interest or individuals who take
pride in their business; Utah being one of only four states that had
no limits; helping to put Salt Lake City on the map for campaign
finance reform; everyday people continuing to accept large corporate
interests; gangs not being allowed to vote so why would corporations;
people should all have the same voice to speak; not limiting
considered a measure of corruption; and this proposal being
opportunity to stand up and declare that money had not and would not
buy elections in Salt Lake City.
George Chapman spoke against the campaign finance reform and
campaign contribution limits . He said he felt that over limiting could
remove a large portion of people that could actually become great
elected officials, and that Political Action Committees and billboards
did not interfere .
Tom Huckin read a joint statement in support and with the intent
to narrow down the issues .
Councilmember Penfold moved and Councilmember Rogers seconded to
continue the public hearing to the December 1, 2015 meeting, which
motion carried, all members present voted aye .
(0 15-17)
POTENTIAL ACTION ITEMS:
#1 . 9:56:00 PM Proposed ordinance providing for the rezone of 1022
and 1026 East 800 South from Single and Two-Family Residential (R-2)
to Low Density Multi-Family Residential (RMF-30) pursuant to Petition
No. PLNPCM2014-00907 . Under the proposal, a parking lot that serves an
existing apartment building would be relocated. Although the applicant
has requested that the properties be zoned Low Density Multi-Family
Residential (RMF-30) , consideration may be given to rezoning the
properties to another zoning district with similar characteristics.
(Petitioner - Rocky Mountain Power) View Attachments
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Councilmember Mendenhall moved and Councilmember LaMalfa seconded
to adopt Ordinance 58 of 2015, which motion carried, all members
present voted aye .
(P 15-25)
COMMENTS TO THE CITY COUNCIL
9:57:58 PM Polly Hart spoke regarding the Animal Services ordinance
adopted last fall and subsequently amended due to the oversight of
requiring issuance of misdemeanor citations for off-leash offenses .
She said at the time, it included the stipulation that Staff work
towards limiting the misdemeanor altogether and she urged the Council
to pick this up and work on it again. She further requested continued
work/progress on Resolution 52 of 2004 and additional off-leash areas .
10:01:01 PM Richard Greggerson inquired how a 10-story building was
allowed in Sugarhouse .
UNFINISHED BUSINESS
#1 . 10:02:33 PM Consider a proposed Interlocal Cooperation
Agreement between Salt Lake County and Salt Lake City for the Salt
Lake County Urban Wildlife Assistance Program. Under the new program,
the County will provide raccoon abatement services to the City.
Currently, neither entity offers raccoon abatement services to
residents. View Attachments
Councilmember LaMalfa moved and Councilmember Rogers seconded to
adopt Resolution 38 of 2015, which motion carried, all members present
voted aye .
(C 15-901)
CONSENT
10:04:51 PM Councilmember Penfold moved and Councilmember Rogers
seconded to adopt Item #1 on the Consent Agenda (items 2, 3, and 4 not
adopted) , which motion carried, all members present voted aye.
#1 . Set the date of December 1, 2015 at 7 : 00 p.m. to accept
public comment regarding Bicycle and Pedestrian Master Plan
amendments. The plan is an update to the 2004 plan, and includes
recommendations for pedestrian and bicycle infrastructure, education,
encouragement and enforcement. Also included is guidance for promoting
safer interactions between pedestrians, cyclists and motorists. View
Attachments
(T 15-5)
#2 . Setting the date of December 1, 2015 at 7 : 00 p.m. to accept
public comment regarding Special Lighting Districts LO1, L02 and L03
Options. A discussion regarding options to address the negative fund
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balances for certain extensions (neighborhoods) in Lighting District
L01, L02, and L03. Council will review a recommendation by Linda
Hamilton, consultant, and information prepared by the Administration
to dissolve the SAAs and convert them to a public utility surcharge
fee. This information will assist the Council in its continued its
comprehensive policy discussion that will guide how Special Lighting
Special Assessment Areas (SAA) can be improved and more transparent in
the future. View Attachments
(Q 15-5) (Q 15-6) (Q 15-7)
Item 2 pulled from Consent; not adopted.
#3 . Approving the appointment of Cindy Gust-Jenson to the
Housing Authority Board of Salt Lake City for a term extending through
November 1, 2020 . View Attachments
(I 15-23)
Item 3 pulled from Consent; not adopted.
#4 . Approving the appointment of Julie Bjornstad to the
Community Development and Capital Improvement Programs Advisory Board
for a term extending through June 30, 2021 . View Attachments
(I 15-22)
Item 4 pulled from Consent; not adopted.
The meeting adjourned at 10 : 05 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 November 17, 2015 .
clm
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