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11/25/2014 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 25 , 2014 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 25, 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 Luke Garrott Kyle LaMalfa Erin Mendenhall Lisa Adams Charlie Luke Stan Penfold Cindy Gust-Jenson, Executive Council Director; David Everitt, Mayor' s Chief of Staff; Margaret Plane, City Attorney; and Beverly Jones, Deputy City Recorder; were present. Councilmember Luke presided at and Councilmember Rogers conducted the meeting. OPENING CEREMONY #1 . 7 : 03 : 55 PM Pledge of Allegiance #2 . 7 : 04 : 15 PM Councilmember Garrott moved and Councilmember Luke seconded to approve the minutes of the following Salt Lake City Council meetings , which motion carried, all members voted aye except Councilmember Adams, who was absent for the vote . View minutes • November 4 , 2014 Work Session minutes • November 18 , 2014 Formal Meeting minutes (M 14-4) (M 14-3) #3 . 7 : 04 : 47 PM Adopting a joint resolution with Mayor Becker in observance of December 1, 2014 as World AIDS Day. Councilmember Penfold read the resolution. Councilmember Penfold moved and Councilmember Garrott seconded to adopt Resolution 25 of 2014, which motion carried, all members voted aye except Councilmember Adams, who was absent for the vote . Councilmember Penfold spoke to the motion. (R 14-1) PUBLIC HEARINGS #1 . RE : 7 : 09 : 04 PM Accept public comment and consider adopting an 14 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 25 , 2014 ordinance amending Section 2 . 07 . 020, Salt Lake City Code, amending Chapter 5 . 37, Salt Lake City Code, and repealing Chapter 2 . 15, Salt Lake City Code, regarding a horse-drawn carriage committee while amending Chapter 5 . 37 in a manner that eliminates the existing horse- drawn carriage regulations . This ordinance would make it unlawful for horse-drawn carriage businesses to operate on City streets, but would permit horse-drawn carriage businesses to operate on City streets when connected with a special event (such as parades) , or free expression activity. View Attachments The following spoke or submitted hearing cards in support of the ordinance : Jordan Kasteler, Arthur Benjamin, Laura Bellefontaine, Amy Meyer, Lynn Anderson, Larayn Clegg, Sundays Hunt, Gene Baierschmidt, Matt Bruce, Jeremy Beckham, Suzann Withers, Michael Ingersoll, M. Florehcia Campos Yapura, and Alejandra Campos Yapura. The following spoke or submitted hearing cards in opposition of the ordinance : Karen Ferguson, Dale Greenwell, David Lach, and Chris Harelson. Councilmember Luke moved and Councilmember Mendenhall seconded to close the public hearing and adopt Ordinance 63 of 2014 . 7 :25 : 47 PM Councilmember Luke said this issue had received a lot of public feedback and in depth Council discussion and deliberation. He said an ordinance had been passed creating safety standards for carriage companies to follow when conducting a carriage business . He said that changed when the sole carriage contractor closed its operation. He said downtown Salt Lake had changed over the last 30 years . He said density and traffic had increased and there were more people downtown. He said that was why the Council wanted to bring this issue back for reconsideration. 7 :28 : 35 PM Councilmember Adams said she supported the motion. She said she had voted earlier in the year to keep the horse carriages in place but now the Council would not be putting a business out of business . Councilmember Rogers called for a roll call vote. Council Members Adams, Luke, Mendenhall, Garrott, Penfold, LaMalfa, and Rogers voted aye . (0 13-29) #2 . RE: 7 :29 : 37 PM Accept public comment on applications submitted for the following grants : View Attachments 14 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 25, 2014 a) Clean Fuels and Vehicle Technology Grant and Loan Program 2014- 15 ($141 ,847) b) Cognizant Making the Future After-School and Summer Program (Unity Computer Center) ($16,500) c) Solving Cold Cases with DNA ($300 ,000) d) 2014 Justice Assistance Grant ($315,895) e) Grant to Encourage Arrest Policies and Enforcement of Protection Orders ($900 ,000) Councilmember Garrott moved and Councilmember LaMalfa seconded to close the public hearing and refer to a future Consent Agenda, which motion carried, all members voted aye . (B 14-8) POTENTIAL ACTION #1 . RE: 7 : 30 : 48 PM Adopting an ordinance amending the Zoning Map to establish the Yalecrest-Harvard Park Local Historic District for properties located on the north and south sides of Harvard Avenue between 1700 East and 1800 East pursuant to Petition No . PLNHLC2013- 00816 . (Petitioner Kelly Marinan) View Attachments Councilmember Penfold moved and Councilmember LaMalfa seconded to adopt Ordinance 64 of 2014 . 7 : 31 : 08 PM Councilmember Luke said the Council had worked with the neighborhood to create a new process by which local historic districts would be created. He said he wanted to make this a community driven effort . He said putting a process in place would allow for more discussion in the community. He said it would provide an opportunity for neighbors to decide how to preserve the neighborhood and what steps they wanted to take . Councilmember Rogers called for the question, which motion carried, all members voted aye . (P 14-16) #2 . RE: 7 : 34 : 09 PM Adopting an ordinance amending City zoning regulations for Nonconforming Uses and Non-complying Structures and related sections of Salt Lake City Code pursuant to Petition No . PLNPCM2009-00167 . The amendments will limit expansion of nonconforming uses by addressing compatibility concerns regarding enlargement and intensification of nonconforming uses and non-complying structures. The proposed amendments include: View Attachments • simplifying and clarifying the regulations, 14 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 25 , 2014 • providing consistency with State law, • revising the regulations for changing one nonconforming use to another, • incorporating language related to in-line additions, and • incorporating language for environmental devices/structures for non-conforming uses and non-complying structures clarifying definitions. (Amending Chapter 21A. 38, Zoning: Non-conforming Uses and Non-Complying Structures, amending Section 21A. 36. 020, Zoning: General Provisions: Conformance with Lot and Bulk Controls, amending Section 21A. 54. 135, Zoning, Conditional Uses: Alterations or Modifications to a Conditional Use, amending Sections 21A. 60. 020 and 21A. 62. 040, Zoning; Definitions; Definitions of Terms. ) Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Salt Lake City Council) Councilmember Penfold moved and Councilmember LaMalfa seconded to adopt Ordinance 65 of 2014 . A roll call vote was taken, which motion carried (6-1) , with Council Members Adams, Luke, Mendenhall, LaMalfa, Penfold, and Garrott voting aye and Councilmember Rogers voting nay. (0 14-23) #3. RE: 7 : 35: 00 PM Adopting an ordinance amending the Salt Lake City Code relating to ground transportation requirements (amending Chapters 5 . 71, 5 . 72, and 16 . 60) . If adopted, the proposed ordinance would: View Attachments • allow "transportation network companies" to operate in Salt Lake City. Uber and Lyft are examples of transportation network companies . • require all ground transportation businesses : o to carry the same level of commercial liability insurance and name Salt Lake City as an additional insured party; o to have drivers undergo the same background checks; and o to have vehicles undergo the same City vehicle inspections . • eliminate the 30-minute pre-arrangement requirement for ground transportation vehicles; • eliminate the $30 minimum fee for limousine services; • allow on-demand service for ground transportation companies except at the Salt Lake City International Airport - for destinations within Salt Lake City. On- 14 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 25 , 2014 demand service at the airport for destinations outside Salt Lake City will continue to be allowed. Councilmember Luke moved and Councilmember LaMalfa seconded to adopt Ordinance 66 of 2014 amending Chapter 5 . 71 regulating ground transportation, Ordinance 67 of 2014 amending Chapter 5 .72 regulating taxicab service, and Ordinance 68 of 2014 amending Chapter 16. 60 regulating ground transportation at the Salt Lake City International Airport pertaining to ground transportation amendments as described in the agenda with the following amendments; Item A) amending 5. 71 . 140A to add the following language: That every ground transportation vehicle shall be covered by automobile liability insurance, when the vehicle is available for or being used for the transportation of persons using Salt Lake City streets for commercial purposes, Item B) amending 5. 71 .260 and 5.72 .705 to add the following language: If the City Council does not act within sixty days to approve or disapprove the action, then the action is deemed approved. Waivers issued prior to the effective date of this ordinance shall be valid through the earlier of the expiration date of such waiver or June 30, 2015; Item D) that any reference to requiring pre-arranged service, the Salt Lake City Code Chapters 5.71, regulating ground transportation; 5. 72 regulating taxicab service; and 16. 60 regulating ground transportation at the Salt Lake City International Airport be omitted; Item H) Because of the ground transportation industries rapid evolution, it is the City Council' s intent to work with the Administration to study the effect of the ordinance amendments on the public served by the ground transportation industry, local businesses involved in the industry, and other cities' and states' approach to incorporating digital companies into their business communities. If changes to the adopted ordinance are required the City Council will work with the Administration to enact the changes at an appropriate time. 7 :37 :23 PM Councilmember Mendenhall said Transportation Network Companies (TNC' s) were innovative, beneficial and satisfied a new piece of transportation. She said she supported a functional and adequately safe ground transportation industry. She said the Council needed to ensure that the City had sufficient protection for residents and visitors which included drivers and riders . She said she hoped TNC industries would work with the City. She said she would support the motion. 7 : 38 : 34 PM Councilmember Luke said there was a lot of misinformation right now. He said it was important for the public to know that in order for TNC' s to legally operate in Salt Lake City, the Council had to vote in favor of the ordinance . He said TNC companies might have some issues with requirements but voting against the 14 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 25 , 2014 ordinance would prohibit TNC' s from operating. He said TNC' s played an important role in the City' s overall ground transportation system. 7 : 41:35 PM Councilmember Garrott said he would be voting in favor of the ordinance. He said one significant improvement was insurance requirements . He said they were not requiring commercially held insurance for drivers when they were not engaging in commerce. He said if a driver was driving the car for non-commercial purposes, they would have a different insurance . 7 : 42 :37 PM Councilmember LaMalfa said he had a friendly amendment to the motion. He asked that Chapter 5 . 71 be amended to require all ground transportation businesses to certify that their vehicles have passed an emissions test with standards equal to or greater than those required by Salt Lake County. Councilmember Luke said he would accept the friendly amendment . Councilmember Rogers called for the question, which motion carried, all members voted aye . 7 : 43: 45 PM Councilmember Luke moved and Councilmember Mendenhall seconded to further move that Item E, allowing self certification, the official language is that "when applying for a business license or if operating under a transportation network company' s business license obtaining a department inspection seal, the applicant may self-certify that the applicants vehicle meets the vehicle appearance standards required by Salt Lake City ordinance or department rule or regulation. " 7 : 44 :27 PM Councilmember Garrott said this would allow the City' s standards to remain in place but allow a driver to self-certify and apply either on line, in person, or any other way listed to avoid a further inspection. 7 : 44 : 57 PM Councilmember Penfold said he appreciated the intent but he would be voting against the motion. He said an issue was raised in the briefing concerning safety issues which might be a component of that apparent standard. He said until there was clarification about what those safety issues might be and whether or not the Council was comfortable with a level of self-certification, he felt it was important to keep that item in place. He said this issue would be part of ongoing negotiations . He said his other concern was that the Council seemed to be carving the ordinance out for TNC' s, but the Council should be consistent across all ground transportation providers with self-certification. 14 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 25 , 2014 7 : 46: 04 PM Councilmember Garrott rephrased his motion to when applying for business license or if operating under a ground transportation provider' s business license, obtaining a department inspection seal, the applicant must self-certify, etc. as read previously. He said he would be satisfied with self-certifying seat belts . He said seat belts were standard in every car and he would trust drivers to check off the box that said they had seat belts . He said this element was not imposed by the State safety inspection. 7 : 46 : 59 PM Councilmember LaMalfa said he would be voting against the motion. He said it was a proper role of government to ensure basic life safety and standards of quality. He said the City did that in many industries including restaurants . He said they would not want restaurants self-certifying the quality of their food storage, etc. He said a person could die in a car and certifying basic life safety and standards of quality was essential . 7 : 48 :23 PM Councilmember Adams asked what would happen if TNC' s did not comply. She asked if there was a penalty for not being honest. Councilmember Garrott said it was law. He said TNC' s would be accountable for answering those things truthfully and the City had inspectors to do random spot checks . 7 : 49 : 16 PM Councilmember Mendenhall said she would be voting against the motion. She said seat belts were a needed part of the safety inspection. Councilmember Rogers called for the question with a roll call vote . Council Members Adams, Luke, Mendenhall, Penfold, LaMalfa, and Rogers voted nay and Councilmember Garrott voted aye . (0 14-22) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7 : 50 : 11 PM Councilmember Rogers congratulated Mayor Becker for his appointment as the new President of the National League of Cities . David Everitt, Mayor' s Chief of Staff, said this was approximately a 19, 000 city member organization; the largest in the country. Councilmember Rogers said it was the first time a Mayor from Utah has been put into this position. COMMENTS TO THE CITY COUNCIL 7 :51 : 25 PM (Comments are taken on any item not scheduled for a public hearing, as well as on any other City business. Comments are limited to two minutes) 14 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 25 , 2014 Oscar Ross spoke on corruption, conspiracy, collusion, and cover- up. Merle French thanked the Council for the work session discussion on the police issues . She said she was happy to hear about the emphasis on de-escalation. George Chapman said the budget amendment should provide lawyers to rape victims . Sean Kendall asked with everyday occurrences and no training for animal encounters, how there could be any sort of accountability when an officer acted inappropriately. The following submitted hearing cards but did not wish to speak: Walter Pera (no subject) ; Jasone Rose and Justine Stanger wanted the Council to ban horse drawn carriages . UNFINISHED BUSINESS #1 . RE : 7 : 59 : 38 PM Adopting a resolution endorsing the use of a City-wide "Vote-by-Mail" process for the 2015 Municipal Primary and General Elections . View Attachments Councilmember LaMalfa moved and Councilmember Garrott seconded to adopt Resolution 26 of 2014, which motion carried, all members voted aye . (R 14-8) CONSENT AGENDA 8 : 02 : 30 PM Councilmember Penfold moved and Councilmember Garrott seconded to approve the Consent Agenda, which motion carried, all members voted aye . #1 . RE: Approving the appointment of Kevin S. Parke to the Police Civilian Review Board for a term extending through September 4, 2017 . (I 14-3) #2 . RE : Approving the reappointments of the following people to the Business Advisory Board for terms extending through December 31, 2018 : • Casey O'Brian McDonough • Paula Jojola Brog (I 14-9) The meeting adjourned at 8 : 03 p .m. 14 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 25 , 2014 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 25, 2014 . bj 14 - 9