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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. 15 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20 , 2015 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 15 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20, 2015 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 15 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20 , 2015 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) 15 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20 , 2015 #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 15 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20 , 2015 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 . 15 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20 , 2015 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 15 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20, 2015 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 15 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20 , 2015 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; 15 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20 , 2015 • 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. 15 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20, 2015 • 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. 15 - 11 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 20 , 2015 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 15 - 12