11/27/2018 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27, 2018
The City Council of Salt Lake City, Utah, met in Formal Session on
Tuesday, November 27, 2018 in Room 315, Council Chambers, City County
Building, 451 South State .
The following Council Members were present:
James Rogers Andrew Johnston Amy Fowler
Erin Mendenhall Charlie Luke Derek Kitchen
Chris Wharton
Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno,
Council Executive Deputy Director; Jacqueline Biskupski, Mayor; Patrick
Leary, Mayor' s Chief of Staff; David Litvack, Mayor' s Deputy Chief of
Staff; Margaret Plane, City Attorney; and DeeDee Robinson, Deputy City
Recorder were present.
Councilmember Mendenhall presided at and Councilmember Luke
conducted the meeting.
The meeting was called to order at 7 : 04 p.m.
OPENING CEREMONY
#1 . 7 :04 :51 PM The Pledge of Allegiance
#2 . 7 :05:19 PM Welcome and Review of Standards of Conduct
#3. 7 :05:55 PM Councilmember Fowler moved and Councilmember Johnston
seconded to approve the Special Work Session minutes of Tuesday, October
30, 2018; and the Formal Meeting minutes of Tuesday, October 16, 2018
and Tuesday, November 13, 2018, which motion carried, all members voted
aye . View Minutes
(M 18-3) (M 18-4)
#4 . 7 :06:30 PM Councilmember Wharton moved and Councilmember
Mendenhall seconded to adopt Resolution 48 of 2018, a joint resolution
with the Mayor recognizing December 1st as World AIDS Day in Salt Lake
City, which motion carried, all members voted aye . View Attachments
(R 18-1)
Councilmember Wharton read the resolution and presented it to Jared
Hafen with The Utah AIDS Foundation.
#5. 7 :11:02 PM Councilmember Mendenhall moved and Councilmember
Kitchen seconded to adopt Resolution 49 of 2018, a joint resolution with
the Mayor declaring November as Native American Heritage Month in Salt
18 - 1
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27 , 2018
Lake City, which motion carried, all members voted aye . View Attachments
(R 18-1)
Councilmember Mendenhall read the resolution.
#6 . 7 :15:34 PM Recognition of outgoing City Councilmember Derek
Kitchen, for his service to Salt Lake City District 4 and as 2018
Redevelopment Agency (RDA) Chair.
Councilmember Mendenhall said she wanted to recognize the
significant/lasting impact Councilmember Kitchen had on Salt Lake City
since 2016, and listed a few of his accomplishments such as affordable
housing, economic development in the Northwest Quadrant, public safety
resources, new support/resources for people experiencing homelessness,
long-term infrastructure funding for roads/other assets, and
sustainable/on-going public transit funding. She thanked him for his
service and presented him with a gift.
Mayor Biskupski said Councilmember Kitchen was a bold leader and
led the charge for affordable housing. She offered her thanks and said
she looked forward to working with him in his new capacity as a Senator.
Councilmember Kitchen thanked Council Members, Council Staff, the
Administration, as well as his constituents . He said he was honored to
be a part of newly instituted homeless services, a $21 Million housing
fund that was established, clean-up of a bill within the Inland Port
legislation, the Transit Master Plan, completion of the Accessory
Dwelling Unit policy, murals, and the Complete Streets Ordinance update .
He said he would have wanted to see the Golf Enterprise Fund and Fleet
Block through to completion. He said being a public servant was both
humbling and empowering and was grateful to have served as a
Councilmember. He said he looked forward to working with the Council and
Administration in the future.
PUBLIC HEARINGS
#1 . 7:32:23 PM Accept public comment and consider adopting a
resolution outlining areas of responsibility and cooperation between
Salt Lake City and the Utah Transit Authority in the use of $5 . 3 million
in sales tax revenue for improved transit service in Salt Lake City. The
revenue was part of the Funding Our Future initiative created to address
transit options, improved streets, affordable housing, and public
safety. View Attachments
George Chapman expressed concerns that the proposed resolution
would not support transit for the Westside. He said transit service for
18 - 2
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27 , 2018
State Street and Redwood Road should be expanded. He said capital
improvements for transit did not make sense, and noted that mid-block
stops discouraged ridership. He asked the Council to force Utah Transit
Authority (UTA) to start service when funds were available in January.
Robert Goodman spoke about public transit and thanked the Council
for the No. 9 bus route. He said more public transit routes were needed
throughout Research Park.
Scot Andrews spoke regarding the need for a master
plan/infrastructure planning for the Salt Lake valley.
Councilmember Mendenhall moved and Councilmember Johnston seconded
to continue the public hearing to December 11, 2018, which motion
carried, all members voted aye.
(B 18-6)
#2 . 7:41:03 PM Accept public comment and consider adopting an
ordinance amending various sections of Title 21A of the Salt Lake City
Code pertaining to regulation of inland port uses pursuant to Petition
No. PLNPCM2018-00601 . These changes would bring City code in line with
State Code requirements for an inland port. Conditional uses under the
proposed zoning overlay would require an impact mitigation plan.
Additionally, the Planning Division has suggested development standards
for activities involving transporting, unloading, loading, transferring,
or temporarily storing natural resources. Other sections of Title 21A -
Zoning may also be amended as part of this petition. (Petitioner: Mayor
Jackie Biskupski) View Attachments
Dean Dinas spoke about air-quality guidelines, City Code/State
requirements, and conditional uses . He said he wanted to see
considerations for both the Environmental Protection Agency (EPA) and
Division of Air Quality (DAQ) standards be imposed on all businesses
participating in the Inland Port. He said new control technologies for
emissions should be enforced in the Inland Port.
Terry Thomas spoke in support of the ordinance and said he
represented the Westpointe Community Council . He said residents
encouraged the Inland Port to be an environmentally sustainable
development. He said residents were concerned with multiple fossil fuel
interest entities on the newly created Inland Port technical committee,
air pollution from the trans-loading facility, along with air pollution
from thousands more diesel-powered tanker trucks in the area.
Wayne Martinson said he represented the Great Salt Lake Audubon and
said natural buffer areas would be a key component of the Northwest
Quadrant plan. He said a buffer for the prison needed to be addressed,
18 - 3
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27 , 2018
and the conditional use process needed to be followed stringently going
forward.
Vickie Samuelson and Jan Striefel (written comments only) said they
represented the League of Women Voters of Salt Lake and were in support
of the proposed ordinance . Comments included: Council should consider
Planning Commission recommendations, mitigation of potential impacts, be
responsive to City & community desires for environmental protections,
establishment and regulation of appropriate land uses, and
responsible/sensitive environmental design solutions .
Robert Goodman spoke about air-quality, environmental impact, and
commuting within the Northwest Quadrant. He said he supported better
transportation and multi-use roads for multiple modes of transportation.
He said economic growth, supporting/advocating for renewable energy, and
mitigating climate change was a benefit to Salt Lake City, the Inland
Port, and the Northwest Quadrant.
Scot Andrews expressed concerns about significant environmental
impacts, such as micro-climates created by container-storage ports . He
said other sites might be more suitable for the location of an inland
port.
Kathryn Fitzgerald submitted written comments but did not wish to
speak. She said she was opposed to the Inland Port, and expressed
concerns about its effect on water/air-quality, and environmental
impacts to the migratory bird route.
Councilmember Kitchen moved and Councilmember Johnston seconded to
close the public hearing and defer action to a future Council meeting,
which motion carried, all members voted aye.
(P 18-29)
#3. 7:53:42 PM Accept public comment and consider adopting an
ordinance amending the Final Budget of Salt Lake City, including the
employment staffing document, for Fiscal Year 2018-2019 . Budget
amendments happen several times each year to reflect adjustments to the
City's budgets, including proposed project additions and modifications.
The proposed amendment includes, but is not limited to, adjustments
related to impact fees for the 900 South round-about and a potential
Police Precinct, a golf capital improvement project, expenses related to
the Airport Re-Development project, anticipated funding for the UN
conference in 2019, and requests related to staffing and office space.
View Attachments
There was no public comment.
18 - 4
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27, 2018
Councilmember Fowler moved and Councilmember Mendenhall seconded to
close the public hearing, suspend the rules, and adopt Ordinance 70 of
2018, approving $262 ,485 of police impact fees to facilitate development
of an eastside police precinct and defer action on the remainder of the
budget amendment to a future meeting, which motion carried, all members
voted aye .
(B 18-11)
POTENTIAL ACTION ITEMS
#1 . 7 :54 :39 PM Consider adopting an ordinance amending the zoning
of properties located at 629 East 800 South Street and 633 East 800 South
Street from RMF-30 (Low Density Multi-Family Residential District) to R-
MU-35 (Residential/Mixed Use District) and amending the Central
Community Master Plan Future Land Use Map pursuant to Petition Nos . :
PLNPCM2018-00024 and PLNPCM2018-00025 . The proposed ordinance would make
the following amendments for the properties located at 629 East 800 South
and 633 East 800 South:
1 . Rezone the property from RMF-30 (Low Density Multi-Family
Residential) to the R-MU-35 (Residential Mixed-Use) ; and,
2. Amend the future land use designation in the Central Community
Master Plan from Low Density Residential (1-15 dwelling units/acre)
to Medium Residential/Mixed Use (10-50 dwellings units/acre)
These amendments would allow the property owner, Wasatch Community
Gardens to use the two single-family homes (both of which are
contributing structures in the Central City Local Historic District) on
the property as administrative offices. The current zone does not allow
office use. View Attachments
Councilmember Kitchen moved and Councilmember Johnston seconded to
adopt Ordinance 63 of 2018, rezoning the properties at 629 and 633 East
800 South from RMF-30 to R-MU-35 and amend the Central Community Master
Plan, subject to the petitioner and Administration entering into a
development agreement as outlined in the Staff Report, which motion
carried, all members voted aye .
(P 18-24)
#2 . 7 :55:25 PM Consider adopting an ordinance to rezone the property
located at approximately 1230 West 200 South from M-1 Light Manufacturing
to TSA-UN-T Urban Neighborhood Station pursuant to Petition No.
PLNPCM2018-00163 . The site is the location of a former steel fabrication
facility located immediately west of the Jordan River on 200 South. The
properties contain approximately 15. 36 acres. There is no development
proposal at this time. Although the applicant has requested that the
property be rezoned to the TSA-UN-T Urban Neighborhood Station,
consideration may be given to rezoning the property to another zoning
18 - 5
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27, 2018
district with similar characteristics. (Petitioner: MS Operating Company
LLC. ) View Attachments
Councilmember Kitchen moved and Councilmember Johnston seconded to
adopt Ordinance 64 of 2018, rezoning the parcels located at approximately
1230 West 200 South from M-1 to TSA-UN-T, which motion carried, all
members voted aye .
(P 18-28)
#3. 7 :55:55 PM Consider adopting a resolution to designate an
Assessment Area for the purpose of levying assessments against properties
within the Assessment Area to continue to promote business activity and
economic development in the central business area of downtown Salt Lake
City by assessing benefited properties within the Assessment Area for
the costs of such economic promotion activities for a period of three
years and to fix a time and place for protests against the Assessment
Area and its assessments, and related matters . View Attachments
Councilmember Luke said a protest letter was received and
distributed to Council Members . Cindy Gust-Jenson said the protest did
not constitute a large enough percentage to change the outcome, and was
received after the deadline, therefore it could not be considered.
Councilmember Kitchen moved and Councilmember Mendenhall seconded
to adopt Resolution 45 of 2018, designating Utah Central Business
Improvement Assessment Area No. DA-CBIA-19 and Resolution 46 of 2018,
appointing a Board of Equalization for Utah Central Business Improvement
Assessment Area No. DA-CBIA-19 and setting dates for the Board to hear
and consider objections and corrections to any proposed assessments,
which motion carried, all members voted aye .
(Q 18-2)
COMMENTS TO THE CITY COUNCIL 7 :58:16 PM
George Chapman expressed concerns regarding a salary tax increase .
Comments included: agreements were made for an Inland Port without public
comment, no provision for salary increases for Police, Council Members
should not be professional politicians, and a salary increase should not
be considered.
Amir Cornell thanked the Council for passing the Accessory Dwelling
Unit ordinance; however, expressed concerns over the application fee . He
said the Council should review the application fee, and consider issues
regarding plastic grocery bags .
18 - 6
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27 , 2018
Yolanda Francisca Ynez and Effie Keel submitted comment cards but
were not present to speak when called.
Jacob Jensen congratulated Councilmember Kitchen on his new role as
Senator. He expressed concern that body-cam footage of Cody Belgard' s
shooting had not been released to the public within the 10-day period,
and credited the Mayor and Mayor' s Staff for the immediate/upcoming
(next-day) release of the footage. He said recent funding for new Police
officers was related to an increase in deaths by Police Officer shootings
in Utah. He said the Council should consider using a portion of the funds
to make Police accountable for their actions .
Dean Dinas spoke about a handout regarding pollution, and
distributed copies to Council Members and Council Staff.
Deanna Dee Taylor and Thomas King submitted comment cards but did
not wish to speak. Comments included: gratitude for supporting/declaring
November as Native American Heritage month, and request for continued
support for these communities .
NEW BUSINESS
#1 . 8:06:52 PM Consider adopting a resolution supporting execution
of an Olympic Expression of Interest Agreement. View Attachments
Councilmember Rogers moved and Councilmember Kitchen seconded to
adopt Resolution 47 of 2018, which motion carried, all members voted
aye.
(R 18-1)
UNFINISHED BUSINESS
#1 . 8:07:20 PM Consider adopting an ordinance granting a Master
License Agreement for Wireless Facilities in the Public Way to ExteNet
Systems, Inc. The agreement would allow ExteNet to install small cell
wireless facilities throughout the City. Small cell wireless facilities
utilize antenna and fiber optics to add capacity and coverage to a
wireless broadband network. ExteNet was granted a Master License
Agreement earlier this year, but the City has since amended its ordinance
governing wireless facilities, necessitating a replacement agreement be
issued. View Attachments
Councilmember Rogers moved and Councilmember Kitchen seconded to
adopt Ordinance 65 of 2018, granting a Master License Agreement to
ExteNet, which motion carried, all members voted aye.
(0 18-8) (C 18-558)
18 - 7
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27, 2018
#2 . 8:07 :56 PM Consider adopting an ordinance granting ExteNet
Systems, Inc. a telecommunication franchise agreement. The agreement
would allow the company to place and maintain its small cell facilities
within the City rights of way. Small cell wireless facilities utilize
antenna and fiber optics to add capacity and coverage to a wireless
broadband network. The company would be governed by certain conditions,
would need to secure appropriate permits and pay the telecommunications
tax under state law.
View Attachments
Councilmember Rogers moved and Councilmember Kitchen seconded to
adopt Ordinance 66 of 2018, granting a Telecommunication Franchise
Agreement to ExteNet, which motion carried, all members voted aye .
(0 18-8)
#3. 8:08:16 PM Consider adopting an ordinance amending Chapter 5 . 64
Salt Lake City Code, pertaining to solicitation, peddling and sales
promoting. Currently, solicitation permits are required for anyone who
wishes to engage in face-to-face solicitation and selling. The changes
would take into account those who already have a State solicitation
permit and would remove duplicative requirements. View Attachments
Councilmember Mendenhall moved and Councilmember Wharton seconded
to adopt Ordinance 67 of 2018, amending Salt Lake City Code pertaining
to Solicitation, Peddling and Sales Promoting, which motion carried, all
members voted aye .
(0 18-18)
#4 . 8:08:46 PM Consider adopting an ordinance amending Chapter 2 . 58
Salt Lake City Code relating to City-owned real property (amending
Chapter 2 .58) . The proposal amends the City's process for evaluating
surplus real property that the City no longer has a use for to include
additional considerations for affordable housing. The proposal would
also advance additional affordable housing objectives outlined in the
Housing Plan adopted in December 2017. View Attachments
Councilmember Kitchen moved and Councilmember Rogers seconded to
adopt Ordinance 68 of 2018, amending Chapter 2 .58 of the Salt Lake City
Code relating to City-owned real property to prioritize affordable
housing and the disposition of City-owned property, which motion carried,
all members voted aye .
(0 18-19)
CONSENT 8:0 9:10 PM
Councilmember Rogers moved and Councilmember Kitchen seconded to
18 - 8
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27, 2018
approve the Consent Agenda, which motion carried, all members voted aye .
#1 . Setting the date of Tuesday, December 4, 2018 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance amending Salt
Lake City Code pertaining to building height in the D-4 Downtown
Secondary Central Business District S (amending Section 21A.30 . 045 . )
pursuant to Petition No . PLNPCM2017-00420 . Under the proposal, zoning
for the Royal Wood Plaza site, located at approximately 230 West 200
South (Block 67) would be amended to allow greater building height than
what is currently allowed. The applicant requested the property be
rezoned from Downtown Secondary Central Business District (D-4) to
Central Business District (D-1) in order to build one or more towers
that would exceed 120 feet. Although the applicant has requested that
the property be rezoned to the Central Business District (D-1) ,
consideration may be given to rezoning the property to another zoning
district with similar characteristics. (Petitioner: The Richie Group)
View Attachments
(P 18-17)
#2 . Approving Grant Holding Account Items for Fiscal Year 2018-19
Consent Agenda No.3 Budget Amendment No. 3
1 . State of Utah, The Utah Highway Safety Office, Bicycle and
Pedestrian Safety Program recognizing grant funds for
conducting bicycle rodeos, crosswalk enforcement/education,
and cyclist/motorist enforcement/education overtime shifts.
The funds will also be used to provide youth helmets and
educational materials.
2. State of Utah, The Utah Highway Safety Office, Distracted
Driving Prevention Program recognizing grant funds for
conducting distracted driving enforcement/education, overtime
shifts, and provide equipment and materials.
3. Utah Department of Public Safety, Division of Emergency
Management, 2018 State Homeland Security Program (SHSP) Grant
recognizing grant funds for creating an emergency recovery
plan for the City, and to fund the cost of software to manage
and secure data usage and data analysis. View Attachments
(B 18-3)
#3. Setting the date of Tuesday, December 11, 2018 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance that would amend
the compensation plan for all non-represented employees of Salt Lake
City Corporation. The Council may consider approving an increase to
Council Member compensation based on Salt Lake City's role as the capital
city, the increasing amount of time needed to fulfill Council
responsibilities, and to ensure that the salary is adequate to bring a
diverse citizen perspective to the office. View Attachments
18 - 9
MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, NOVEMBER 27 , 2018
(0 18-7)
The meeting adjourned at 8 : 09 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 pursuant to Utah Code §52-4-203 (2) (b) .
This document along with the digital recording constitute the
official minutes of the Salt Lake City Council meeting held November 27,
2018 .
dr
18 - 10