10/20/2015 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, OCTOBER 20 , 2015
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, October 20, 2015 at 7 : 01 p.m. in Room 315, Council Chambers,
City County Building, 451 South State .
The following Council Members were present:
Charlie Luke Stan Penfold Kyle LaMalfa
Erin Mendenhall Lisa Adams James Rogers
The following Councilmember was absent:
Luke Garrott
Russell Weeks, Council Senior Public Policy Analyst; David
Everitt, Mayor' s Chief of Staff; Margaret Plane, City Attorney; and
Cindi Mansell, City Recorder; were present.
Councilmember Rogers presided at and conducted the meeting.
OPENING CEREMONY
#1 . 7:01:17 PM The Pledge of Allegiance.
#2 . 7:01:41 PM Councilmember Rogers moved and Councilmember
Mendenhall seconded to approve the minutes of the following Salt Lake
City Council meetings, which motion carried, all members present voted
aye .
• September 22 , 2015 Work Session
• October 6, 2015 Formal Meeting
(M 15-4) (M 15-3)
PUBLIC HEARINGS
#1 . 7:02:40 PM Accept public comment and consider adopting a
proposed ordinance that would change the zoning for two properties on
600 South. Currently, the properties feature a duplex and a retail
store. The changes would allow the petitioner to tear down the
commercial space and build a 3-story mixed-use building. Petitioner-
Ernesto Gutierrez, Petition Nos. PLNPCM2014-00832 and PLNPCM2014-
00833. View Attachments
• 563 East 600 South - rezone from RMF-35 - Residential Multi-
Family to R-MU-35 Residential/Mixed Use.
The proposal would also amend the Central Community Master Plan Future
Land Use Map to Medium Density Resident/Mixed Use.
• 567 East 600 South - rezone from CN - Neighborhood Commercial to
R-MU-35 to Residential/Mixed Use.
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Although the applicant has requested that the properties be rezoned to
R-MU-35 - Residential/Mixed Use, consideration may be given to
rezoning the properties to another zoning district with similar
characteristics.
Cindy Cromer discussed timing and process of the proposal and
spoke in support of the manner in which the developer handled the
petition to this point.
Councilmember Mendenhall moved and Councilmember Luke seconded to
close the public hearing and defer action to a future date, which
motion carried, all members present voted aye.
(P 15-20)
#2 . 7:05:40 PM Accept public comment and consider adopting an
ordinance amending the City' s Zoning Ordinance pertaining to small
solar energy collection systems in historic districts and at landmark
sites (amending Section 21A. 40 . 190 .B) . The proposed changes would
allow City staff to approve applications for solar panel installations
- except when they are proposed to be located on the front facade
directly adjacent to the public right-of way. Currently, all
applications must be reviewed and approved by the Historic Landmark
Commission, regardless of panel location. Related provisions of Title
21A- Zoning may also be amended as part of this petition. Petitioner-
Mayor Ralph Becker, Petition No. PLNPCM2014-00883. View Attachments
Cindy Cromer spoke in support of this ordinance. She said she
was excited that residents could have solar panels on a home in a
historic district and that Staff would be able to handle these
administratively.
Councilmember LaMalfa moved and Councilmember Adams seconded to
close the public hearing and defer action to a future date, which
motion carried, all members present voted aye .
(P 15-19)
#3 . 7:08:12 PM Accept public comment and consider adopting an
ordinance amending Section 15 . 08 . 020 , Salt Lake City Code, relating to
park use hours for the East Bench Preserve . The proposal would specify
that the East Bench Preserve located at 2795 East 2100 South (H-Rock)
would be closed between the hours of ten o 'clock (10: 00) P.M. and five
o 'clock (5: 00) A.M. the following morning. View Attachments
There being no public comment, Councilmember Luke moved and
Councilmember Adams seconded to close the public hearing and defer
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action to a future date, which motion carried, all members present
voted aye .
(0 15-13)
#4 . 7 :08 :55 PM Accept public comment and consider adopting an
ordinance amending the zoning map and master plan pertaining to a
portion of the Forest Dale Golf Course property located at
approximately 2425 South 900 East Street to rezone a portion of that
property from OS—Open Space to PL-2—Public Lands and amend the Sugar
House Master Plan Future Land Use Map. The zoning changes would allow
for a fire station to be built on the property. The property is
currently hard surfaced and being used for salt storage by the City.
Although the properties are proposed to be rezoned to PL-2—Public
Lands, consideration may be given to rezoning the properties to
another zoning district with similar characteristics. Petitioner-Mayor
Ralph Becker, Petition Nos. PLNPCM2014-00882 and PLNPCM2014-00881 .
View Attachments
George Chapman and Harry Ewing spoke against the proposal .
Comments included not to relocate south of the freeway in case of
earthquake; delayed response time; proposal not making sense; what
happened to the City wanting to use the Forest Dale property last year
for tennis courts; and inquiry regarding a "rumored" letter sent by
the Transportation Division to the Mayor and Staff stating they had
studied the proposal and determined the area would not be a good
location for a City Fire Station.
Councilmember Adams moved and Councilmember Luke seconded to
close the public hearing and defer action to a future date, which
motion carried, all members present voted aye .
(P 15-18)
#5 . 7 :13:05 PM Accept public comment and consider adopting a
proposal from the Mayor of Salt Lake City to transfer certain Open
Space Lands owned by Salt Lake City located at Forest Dale Golf Course
approximately 2425 South 900 East for $296,000 . 00 for future use as
the new Fire Station #3 . The property is currently hard surfaced and
being used for salt storage by the City. After the public hearing, the
Council may conduct an advisory vote expressing either support or
opposition to the proposal . View Attachments
Sandra Sweitzer, Kerri Stuart, Jeff Salt, George Chapman, and
Doug Teague spoke in opposition of the Fire Station relocation .
Comments included the new location would not be centrally located to
Sugarhouse businesses and homes; the public hearing not being well-
noticed; need for better advertising if the desire was for citizen
input; current location being less disruptive for residents; potential
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ingress/egress issues with the proposed location; delayed reaction
time; the City should not be giving up open space; the need to
maintain and protect open space for wildlife, habitat, aesthetics, and
property values; proposal being in opposition of the City' s Open Space
Master Plan; need for relocation of the current salt and sand storage;
potential of existing Fire Station being in the direct path of the
proposed S-Line; ambition of current Mayor not being the same as a new
mayor; and requesting consideration be set aside to a future date .
Judi Short spoke in favor of the proposal . She stated the
Community Council in this area was very much in favor of the
transition to a larger site with favorable access .
Councilmember Adams moved and Councilmember Luke seconded to
close the public hearing and defer action to a future date, which
motion carried, all members present voted aye .
Councilmember Adams clarified the existing location of the Fire
Station was not adequate and could not accommodate equipment sizing
necessary to better service the community. She said considerable work
went into finding a location and there was no desire to relocate due
to the S-Line, and that she had not seen a negative report from
Transportation.
(P 15-18)
POTENTIAL ACTION ITEMS
#1 . 7:25:24 PM Adopting an ordinance amending the zoning map
pertaining to properties located at 664 South 900 West, 668 South 900
West, and 910 West 700 South to rezone said properties from RMF-35 -
Moderate Density Multi-Family Residential to CN - Neighborhood
Commercial . 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 CN -
Neighborhood Commercial, consideration may be given to rezoning the
properties to another zoning district with similar characteristics.
Petitioner-Mayor Ralph Becker, Petition No. PLNPCM2014-00374. View
Attachments
Councilmember LaMalfa moved and Councilmember Rogers seconded to
adopt Ordinance 53 of 2015, which motion carried, all members present
voted aye .
(P 15-14)
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#2 . 7:26:32 PM adopting an ordinance amending the zoning map
pertaining to properties located at 360 , 362 , 364 , 366, 376, 412 , 417 ,
and 435 South 900 West Street; 841 , 843 , 848 , 852 , 857 , 858 , 859, 864 ,
865 , and 877 West 400 South Street; 866 West Pacific Avenue; 869 West
300 South Street; 321 , 331, 365, and 371 South 870 West Street, to
rezone said properties from RMF-35 - Moderate Density Multi-Family
Residential and CN - Neighborhood Commercial, to R-MU-35 -
Residential/Mixed Use. 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 R-MU-35 - Residential/Mixed Use, consideration may be given to
rezoning the properties to another zoning district with similar
characteristics. Petitioner - Planning Commission, Petition No.
PLNPCM2014-00375. View Attachments
Councilmember LaMalfa moved and Councilmember Mendenhall seconded
to adopt Ordinance 54 of 2015, which motion carried, all members
present voted aye .
(P 15-15)
#3 . 7:26:53 PM Adopting an ordinance amending the zoning map
pertaining to properties located at 1217 West 400 South, 1221 West 400
South, 1225 West 400 South, and 1233 West 400 South to rezone said
properties from R-1/5,000 - Single-Family Residential to R-MU-35 -
Residential/Mixed Use and to rezone property located at 1266 West 400
South from R-1/5,000 - Single Family Residential to CN - Neighborhood
Commercial. 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 R-MU-35 -
Residential/Mixed Use, and CN - Neighborhood Commercial, consideration
may be given to rezoning the properties to another zoning district
with similar characteristics. Petitioner - Mayor Ralph Becker,
Petition No. PLNPCM2014-00380. View Attachments
Councilmember LaMalfa moved and Councilmember Rogers seconded to
adopt Ordinance 55 of 2015, which motion carried, all members present
voted aye .
(P 15-16)
7:28:16 PM COMMENTS TO THE CITY COUNCIL
Gigi Brant, Boyer Jarvis , John Johnson, Ken Sanders , Jeanetta
Williams , Tom Goldsmith, Ryan Pleune, Kathy French, and Robert
Archuleta, spoke in support of changes being considered relative to
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campaign finance . Concerns included: ensuring the public' s right to
know; combat corruption, and allow maximum citizen participation in
the election process; money in politics at the local level; recent
Supreme Court decision relative to "Citizen' s United"; change in
election landscape at all levels; extreme money in politics; limiting
campaign contribution for City Council candidates to $500 and Mayoral
candidates to $1000; limiting candidates from accepting contributions
from any source that could not be identified as a living "person";
suggest at the end of the campaign period, all candidates with
remaining funds would be required to contribute them to a 501C3
organization of their choice; large money donors; corporations hurting
the community/democracy; Salt Lake City needed to be a leader in
limiting campaign finance contributions; potential for citizens to
become disengaged/stop participating; prohibit corporations from
donating to political campaigns; knowing/understanding the difference
between a corporation and a person; overfunding of campaigns and under
serving of constituents; Utah being one of only a few remaining states
wherein campaign donations and expenditures were not limited; restore
integrity to the political system; Move to Amend process that was
previously supported by the City Council; adopt an effective ordinance
that established principles to allow poverty to run against wealthy;
and the need to limit donations and corporate influence .
M. Nicole Gallo and Jinger LaGuardia spoke/submitted written
comments regarding the Sister Cities Program and the trip taken to
Torina, Italy by City Officials . Concerns included non-value of the
board, value/distribution/funding audit, what students were being
exchanged, and costs to the City/taxpayers . View Handout
George Chapman encouraged the Council to vote immediately
following a public hearing rather than placement on a future agenda.
He expressed concern that rail lines or mass transit service was not
being approved as part of Enterprise SLC.
Jeff Salt said he had been involved with the Jordan River
Restoration in a legal battle with SLC over records for the
$22, 000, 000 soccer complex. He said Salt Lake City' s greatest threats
to democracy or transparency were the Mayor and Administration and
said the public had the right to be heard during public hearings .
Jim Webster expressed concern about trying to obtain information
from Salt Lake City in regards to Miller Park, its change from open
space, trail installation including sidewalks with landscaping and
lighting, and ultimately resulting in the City installing a fence and
locked gate .
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Andrew Riggle said the Department of Housing and Urban
Development (HUD) recently released a revision to the Fair Housing
Rule which established a database of demographic, economic, and
housing-related information that Cities would be expected to use as a
tool for setting local fair housing priorities, identifying gaps in
affordable housing, and creating a plan to address them. He encouraged
the City utilize that tool and distributed a handout from the
Disability Law Center providing input concerning the revision of the
City' s Comprehensive Housing Policy. View Handout
Harry Ewing spoke against the Forest Dale property transfer to
provide for a new Fire Station. He expressed concern relative to lack
of police presence in the Sugarhouse area and said the Police
Substation for that area was located in the Bed, Bath, & Beyond
basement. Councilmember Adams explained the Fire Station proposal
included space for a Police Substation. She said Bike Patrol had
recently returned to Sugarhouse and had been making a huge difference .
UNFINISHED BUSINESS
#1 . 8:09:14 PM Adopting a proposal that would suspend the
collection of park, fire, roadway, facilities and police impact fees
for 12 months while the Administration works with a consultant to
develop a new Impact Fees Facilities Plan. During that time, fees
already collected can be spent on eligible projects . Impact fees are
charged to developers based on the increased need for public services
that results from population growth. View Attachments
Councilmember LaMalfa moved to suspend the collection of impact
fees citywide, except to maintain fee collection for the Westside
Industrial area. Motion failed for lack of a second.
Councilmember Mendenhall moved and Councilmember LaMalfa seconded
the Council NOT adopt the proposed ordinance.
Councilmember Mendenhall said a moratorium should be used
accurately to stop an action that was seen as detrimental that could
be adjusted and corrected with short-term corrections, and this
moratorium would not stop growth to a level of service action that the
City would be required to maintain.
Councilmember LaMalfa expressed concern with shrinking the
ability to grow during the City' s greatest period of growth. He said
he was not in favor of Salt Lake City residents bearing the burden of
growth and would be voting against the moratorium.
8:12:41 PM Substitute Motion: Councilmember Rogers moved and
Councilmember Adams seconded to adopt Ordinance 56 of 2015 providing
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for the temporary suspension on collection of park, fire, roadway
facilities, and police impact fees for all new developments in the
City from November 2, 2015 to November 2, 2016 .
8:13:06 PM Council Members Adams, Luke, Mendenhall, and Rogers
spoke to the motion.
Councilmember Rogers called for the question, which motion
carried, all members present voted aye, except Council Members
Mendenhall and LaMalfa who voted nay.
(T 12-3)
#2 . 8 :20 :07 PM Consider a resolution requesting the recertification
of the Justice Court of Salt Lake City. Justice Courts must be
recertified at the end of each four-term by the Utah Judicial Council.
View Attachments
Councilmember LaMalfa moved and Councilmember Luke seconded to
adopt Resolution 35 of 2015, which motion carried, all members present
voted aye .
(R 15-11)
CONSENT
8:20:43 PM Councilmember Luke moved and Councilmember Mendenhall
seconded to adopt the Consent Agenda except for Items 7, 8, and 11,
which motion carried, all members present voted aye .
#1 . Set the date of Tuesday, November 17 , 2015 at 7 : 00 p.m. to
accept public comment and consider adopting amendments to definitions
for assisted living and other similar facilities and to 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, Petition No.
PLNPCM2014-00388. View Attachments
(P 15-26) (0 15-10)
#2 . A proposal that would amend an ordinance amending 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
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collection laws. The Council SET THE DATE of Tuesday, November 17,
2015 at 7:00 p.m. for a public hearing date during the formal meeting
tonight. View Attachments
(0 15-16)
#3 . A proposed ordinance is before the Council that would 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:
• 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. View Attachments
The Council SET THE DATE of Tuesday, November 17, 2015 at 7:00 p.m.
for a public hearing date during the formal meeting tonight.
(B 15-12)
#4 . Set the dates of Tuesday November, 17 , 2015 and Tuesday
December 1 , 2015 at 7 : 00 p.m. to accept public comment regarding
potential changes to local campaign finance requirements . View
Attachments
(0 15-17)
#5 . A proposed ordinance is before the Council that would adopt
the Plan Salt Lake general plan. 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, Petition No. PLNPCM2011-00682. The
Council SET THE DATES of Tuesday, November 17, 2015 and Tuesday,
December 1, 2015 to continue to accept public comment in regards to
this item during the formal meeting tonight. View Attachments
(T 13-3)
#6 . A proposed ordinance is before the Council that would amend
various section of the Salt Lake City Code pertaining to breweries,
small breweries and brewpubs (amending Title 21A) . The changes would
address :
• the difference between small craft breweries and large industrial
breweries ;
• the definition of brewpub;
• where breweries and brewpubs may be located in the City;
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• inconsistencies in zoning interpretations related to breweries
and brewpubs ; and
• consistency with state code .
Petitioner-Mayor Ralph Becker, Petition No. PLNPCM2015-00151 . The
Council SET THE DATE of Tuesday, November 10, 2015 at 7:00 p.m. for a
public hearing during the formal meeting tonight. View Attachments
(P 15-21)
#7 . An ordinance is before the Council that would amend the
City' s zoning ordinance pertaining to open space requirements in the
BP - Business Park zoning district (amending Section 21A. 32 . 030 .E) .
The proposal would reduce the minimum open space requirement from 30
percent to 15 percent. Petitioner-FARB Airport Land, LLC, Petition No.
PLNPCM2015-00159. The Council will also SET THE DATE of Tuesday,
November 10, 2015 at 7: 00 p.m. for a public hearing during the formal
meeting tonight. View Attachments
(P 15-22)
Item pulled from Consent Agenda and not adopted.
#8 . A proposed ordinance is before the Council that would amend
the zoning of properties located at 2036 and 2046 South 1300 East from
RO—Residential Office to CB—Community Business and vacate a portion of
a public alley on the south side of the two parcels . Under the
proposal, the property would be used as a parking lot for a new
pharmacy. Although the applicant has requested that the property be
rezoned to CB— Community Business, consideration may be given to
rezoning the properties to another zoning district with similar
characteristics. Petitioner—Gerry Tully, Petition No. PLNPCM2015-
00050. The Council will also SET THE DATE of Tuesday, November 10,
2015 at 7:00 p.m. for a public hearing during the formal meeting
tonight. View- Attachments
(P 15-23)
Item pulled from Consent Agenda and not adopted.
#9 . A proposed ordinance is before the Council that would amend
Salt Lake City Code relating to off street parking regulations
(amending Chapter 21A. 44) . Under the proposal :
• one parking space would be required per unit in mixed use and
multifamily developments in the following zoning districts : CB—
Community Business , CN—Neighborhood Commercial, R-MU-35—
Residential/Mixed Use District and R-MU-45—Residential/Mixed Use
District. Currently, those zoning districts only require a half
space per unit.
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• maximum parking allowances would be removed for the M-1—Light
Manufacturing, M-2—Heavy Manufacturing and BP—Business Park
zoning districts, which are generally located west of Redwood
Road;
• language regarding Transportation Demand Management would be
clarified; and
• text and formatting changes will be made to provide clarity.
Related provisions of Title 21A- Zoning may also be amended as part of
this petition . Petitioner Mayor Ralph Becker, Petition No. PLNPCM2015-
00430. The Council SET THE DATE for Tuesday, November 10, 2015 at 7:00
p.m. for a public hearing during the formal meeting tonight. View
Attachments
(P 15-24)
#10 . A proposed ordinance is before the Council that would amend
the zoning map pertaining to properties located at 1022 East 800 South
and 1026 East 800 South to rezone said properties from R-2—Single and
Two Family Residential to RMF-30—Low Density Multi-Family Residential .
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 RMF-30-Low Density Multi-Family Residential,
consideration may be given to rezoning the properties to another
zoning district with similar characteristics. Petitioner-Rocky
Mountain Power, Petition No. PLNPCM2014-00907. The Council SET THE
DATE of Tuesday, November 10, 2015 at 7:00 p.m. for a public hearing
date during the formal meeting tonight. View Attachments
(P 15-25)
#11 . Appointment of Eva Rinaldi to the City and County Building
Conservancy and Use Committee for a term extending through July 30,
2019 . View Attachments
(I 15-17)
Item pulled from Consent Agenda and not adopted.
#12 . Appointment of Robert Pett to the City and County Building
Conservancy and Use Committee for a term extending through July 30,
2019 . View Attachments
(I 15-17)
The meeting adjourned at 8 : 21 p .m.
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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 October 20, 2015 .
clm
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