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11/19/2013 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 19, 2013 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 19, 2013 at 7 : 00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State. The following Council Members were present: Carlton Christensen Stan Penfold Soren Simonsen Jill Remington Love Luke Garrott Kyle LaMalfa Charlie Luke Cindy Gust-Jenson, Executive Council Director; Margaret Plane, City Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff; and Beverly Jones, Deputy City Recorder; were present. Councilmember LaMalfa presided at and Councilmember Love conducted the meeting. OPENING CEREMONY #1 . 7 : 04 : 48 PM The Pledge of Allegiance was led by Girl Scout Troop 2471 and introductions were made. #2 . 7 : 06:38 PM Adopting a joint resolution with Mayor Ralph Becker in observation of December 1, 2013 as World AIDS Day. Councilmember Penfold read the resolution. Councilmember Penfold moved and Councilmember LaMalfa seconded to adopt Resolution 55 of 2013, which motion carried, all members voted aye . (R 13-1) PUBLIC HEARINGS : #1 . RE: 7 : 10 : 07 PM Continue to accept public comment and consider adopting an ordinance adopting an amended final budget of Salt Lake City, including the employment staffing document for Fiscal Year 2013- 14 . This amendment contains a number of proposed adjustments to the FY 2013-14 budget, including funding for: a new program to allow City residents to purchase affordable annual UTA passes, land purchases for Fire Station #6 access and a new Fire Station #14, and renovations needed for a new evidence storage and crime lab facility. (Budget Amendment No. 1) View Attachments Lisa Davis, Leonardo Center, thanked the Council for funding for low income children and other underserved individuals in the City. 13 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 19, 2013 Councilmember Luke moved and Councilmember Simonsen seconded to close the public hearing, which motion carried, all members voted aye . Councilmember Garrott said the next motion would adopt Sections A through G of Budget Amendment No . 1 except for some items that need stand-alone motions, including Section I, Council added items . Councilmember Garrott moved and Councilmember Penfold seconded to adopt Ordinance 71 of 2013 amending the fiscal year 2013-14 budget as proposed by the Administration, with the following changes : pull Item A-10, Land Acquisition for Fire Station #14 to be considered separately; update the amount in Item A-5 to reflect the revised increase in Utilities cost in Public Service Budget ($239,762 from General Fund and $99,000 from Golf fund) ; consider separately Item I- 2 , the Leonardo' s request to support the Dead Sea Scrolls Exhibit; and adding the following Council items; Item I-1 , related to the technical accounting adjustments needed for the CIP budget; Item I-3 related to the supervisor position for Refuse Fund Collection services in the amount of $44 ,000 for six months of salary and benefits; and that the Council hold the following items until December 3rd, Item I-4 , the Administration' s request to recognize $2 . 4 million in excess health care account reserves and move them to the Risk fund, and to approve the Mayor' s proposal to appropriate $430,000 as a refund to City employees; Item I-5 to approve a change to the Staffing Document related to Fire Department organizational changes; Item I-6 related to Council Office staffing to move the funds it is using for seasonal employees into a full time equivalent position and add an FTE to the staffing document; and Item A-15 related to potential expenses related to space for police evidence storage and a crime lab. Councilmember LaMalfa said he wanted to pull out the Barnes Bank item. Cindy Gust-Jenson, Executive Council Director, said it was a separate item so it was not listed. She said it would be held until December 3/d, 2013 . Councilmember Love called for the question, which motion carried, all members voted aye . Councilmember Garrott moved and Councilmember Penfold seconded to adopt Item I-2 the Leonardo' s request to support the Dead Sea Scrolls Exhibit and adopt the proposed contribution to the Dead Sea Scrolls exhibit so that students and families of Title One schools are able to attend the exhibit, and the funding can also cover related costs such as school bus rentals . The funding would be given on the condition that the Leonardo submit documentation of how the funds were used, including the number of tickets given. 13 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 19, 2013 Councilmember LaMalfa moved and Councilmember Penfold seconded a substitute motion that up to $60 ,000 of funding be appropriated to the Administration to issue as a reimbursement as Leonardo submits documentation regarding costs including the number of Title One school children served, bus rental information, and tickets . 7 :20 : 54 PM Councilmember LaMalfa spoke to the substitute motion. 7 :23 : 45 PM Councilmember Love clarified the difference between the two motions . Councilmember Love called for the question on the substitute motion, which motion failed, Councilmember LaMalfa voted aye and Council Members Christensen, Love, Garrott, Luke, Penfold, and Simonsen voted nay. 7 :24 : 40 PM Councilmember Luke spoke on the original motion. 7 :25 : 50 PM Councilmember Simonsen said the motion was still linked to Title One schools, families and students exclusively. He asked if Councilmember Garrott would consider a friendly amendment to also include other community partners . Councilmember Garrott said he would with the condition that they were low income and Salt Lake City residents . 7 :27 : 01 PM Councilmember Penfold spoke to the original motion. 7 :27 : 46 PM Councilmember LaMalfa proposed another friendly amendment that monies not used for the purpose of low income people attending the Dead Sea Scrolls be reimbursed back to the City. Councilmember Garrott said he would consider that a friendly amendment. Councilmember Garrott restated the motion. He moved and Councilmember Penfold seconded to adopt the proposed contribution to the Dead Sea Scrolls exhibit so that students and family of Title One schools and other Salt Lake City residents designated as low income are able to attend the exhibit and the funding can also cover related costs such as but not limited to school bus rentals , the funding would be given on the condition that the Leonardo submit documentation of how the funds were used including the number of tickets given and that funds not used towards the aforesaid purposes be refunded to the City. 7 :29 : 17 PM Councilmember LaMalfa moved a substitute motion that the tickets had to be redeemed not just given. Councilmember Garrott 13 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 19, 2013 said he would consider that a friendly amendment . The motion died for lack of a second. 7 : 30 : 38 PM Lisa Davis from the Leonardo, briefed the Council on the distribution of vouchers . She said they would track the vouchers when they distributed them through community partners . Councilmember Love called for the question on the original motion, which motion carried, all members voted aye . Councilmember Christensen recused himself for the next motion . Councilmember Penfold moved and Councilmember Luke seconded to adopt Item A-10, land acquisition for Fire Station #14 for $539,000, which motion carried, all members voted aye except Councilmember Christensen who was recused for the vote . (B 13-10) Councilmember Christensen returned to the meeting. POTENTIAL ACTION ITEMS #1 . RE: 7 : 36 :24 PM Adopting 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 (Title 21A, Zoning, and Title 5, Business Taxes, Licenses and Regulations) pursuant to Petition No . PLNPCM2009-00169 . 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) View Attachments Councilmember LaMalfa moved and Councilmember Simonsen seconded to adopt Ordinance 66 of 2013 amending various sections of Title 21A and Section 5 .51 . 080, Salt Lake City Code, to revise and relocate planned use tables, to amend certain definitions, to amend regulations concerning outdoor dining, and to amend provisions regarding drive- through service windows; and further move that the Council continue to study possible amendments pertaining to drive-through service facilities in order to allow more time to solicit more public input on the Council proposals for drive-through development standards including accessibility amendments which would ensure drive-through facility and access to service patrons whether they arrive on foot, bicycles, in a motor vehicle or via another mode of transportation and design standards for drive-through facilities encouraging location of 13 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 19, 2013 drive-through facility in the rear of the structure away from the street; and further move that the Council initiate a legislative action requesting a review of the zones where drive-throughs are allowed to determine whether they are compatible within the zone and if needed to not allow them in zones where they are deemed incompatible and review and amend development standards in order to make them more compatible with the City' s walkability goals, which motion carried, all Council Members voted aye . (0 13-25) #2 . RE: 7 : 40 : 00 PM Adopting ordinances amending the Salt Lake City Code to update rules governing City boards and commissions . One ordinance would adopt Chapter 2. 07 - City Advisory Boards to consolidate and update rules common to City Boards. Three companion ordinances would repeal Chapter 2. 18, Salt Lake Valley Board of Health; Chapter 2. 36, Central Business Improvement District Advisory Board, and Chapter 2. 37, Youth and Family Recreation and Programs Advisory Board because they are obsolete. View Attachments Councilmember LaMalfa moved and Councilmember Simonsen seconded to adopt Ordinance 67 of 2013 amending various chapters in Title 2 , Chapter 10 . 02 , and Chapter 18 . 12, Salt Lake City Code, to reorganize and modify operational provisions applicable to City boards and commissions . 7 : 40 : 46 PM Councilmember Simonsen spoke to the motion. Councilmember Love called for the question, which motion carried, all members voted aye . Councilmember LaMalfa moved and Councilmember Simonsen seconded that corresponding amendments proposed to Chapter 21A. 06. 030 and Chapter 21A. 06 . 050 be submitted to the Planning Commission for consideration and recommendation as required by the Land Use Development and Management Act prior to action by the City Council which motion carried, all members voted aye . 7 : 42 :22 PM Councilmember LaMalfa spoke to his motion . Councilmember LaMalfa moved and Councilmember Christensen seconded to adopt Ordinance 68 of 2013, repealing Chapter 2 . 18, Salt Lake Valley Board of Health; Ordinance 69 of 2013 repealing Chapter 2 .36, Central Business Improvement District Advisory Board; and Ordinance 70 of 2013 repealing Chapter 2 . 37 , Youth and Family Recreation and Programs Advisory Board because they are obsolete, which motion carried, all members voted aye . 13 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 19, 2013 (0 13-28) COMMENTS TO THE CITY COUNCIL 7 : 43 : 17 PM Omar Eskandarian spoke about taxicab inspections . He said the inspection on his car had been rejected. He said it was too expensive to purchase a new vehicle . Will Jamison and Reid Jacobson spoke on form based zoning for the West Temple Gateway, using the alley for access, and the rezoning. UNFINISHED BUSINESS #1 . RE: 7 : 51 : 55 PM The Board of Canvassers, which includes the Mayor and City Council, will canvass the results of the Municipal General Election held on Tuesday, November 5, 2013 . The election was held for the offices of Council Members for Council Districts 1, 3, 5, and 7. The term for each of these positions is four years. View Attachments Councilmember Simonsen moved and Councilmember Garrott seconded to recess as the City Council, which motion carried, all members voted aye . Councilmember Simonsen moved and Councilmember LaMalfa seconded to convene as the Board of Canvassers with the Mayor, which motion carried, all members voted aye . Boardmember Simonsen moved and Boardmember Luke seconded to canvass the returns and adopt Resolution 56 of 2013, which motion carried, all members voted aye . Boardmember Simonsen moved and Boardmember Garrott seconded to adjourn as the Board of Canvassers and reconvene as the City Council, which motion carried, all members voted aye . (U 13-2) CONSENT AGENDA 7 : 53 :29 PM Councilmember Garrott moved and Councilmember Simonsen seconded to adopt the Consent Agenda, which motion carried, all members voted aye . #1 . RE: Setting the date of Tuesday, December 3, 2013 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance closing a portion of City-owned alley situated midblock between 13 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 19, 2013 Wilmington Avenue and Simpson Avenue and between 800 East and 900 East pursuant to Petition No. PLNPCM2013-00119 . 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 Becker) View Attachments (P 13-18) #2 . RE: Setting the date of Tuesday, December 3, 2013 at 7 :00 p.m. to accept public comment and consider adopting an ordinance amending the zoning map properties located between 700 South to 900 South and 700 East to 900 East pursuant to Petition No . PLNPCM2012- 00360 . The changes would modify the zoning for: View Attachments • 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) (P 13-17) The meeting adjourned at 7 : 53 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 City Council Regular Session meeting held November 19, 2013 . bj 13 - 7