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10/06/2015 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 6, 2015 at 7 : 14 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Charlie Luke Luke Garrott James Rogers Kyle LaMalfa Erin Mendenhall Lisa Adams The following Councilmember was absent: Stan Penfold Cindy Gust-Jenson, Executive Council Director; David Everitt, Mayor' s Chief of Staff; Boyd Ferguson, Senior City Attorney; and Kory Solorio, Assistant City Recorder; were present. Councilmember Garrott presided at and conducted the meeting. OPENING CEREMONY #1 . 7:14:50 PM The Pledge of Allegiance. #2 . 7:15:10 PM Councilmember LaMalfa moved and Councilmember Rogers seconded to approve the minutes of the following Salt Lake City Council meetings, which motion carried, all members present voted aye. • August 4, 2015 Work Session • August 25, 2015 Work Session • September 1, 2015 Formal Meeting • September 22, 2015 Formal Meeting (M 15-4) (M 15-3) #3. 7:15:42 PM Adopting a Joint Resolution with Mayor Ralph Becker renaming the Jordan River Oxbow at 900 South the Fred & Ila Rose Fife Wetland Preserve in honor of their contributions to the community. View Attachments The Resolution was read by Councilmember LaMalfa and presented to Fred Fife . Councilmember LaMalfa moved and Councilmember Adams seconded to adopt Resolution 31 of 2015, which motion carried, all members present voted aye . (R 15-10) 15 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 PUBLIC HEARINGS #1 . 7 :27 :45 PM Accept public comment and consider 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 pursuant to Petition No. PLNPCM2014-00374. 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 Neighborhood Commercial (CN) , consideration may be given to rezoning the properties to another zoning district with similar characteristics. (Petitioner - Planning Commission) View Attachments There was no public comment . Councilmember LaMalfa moved and Councilmember Adams seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (P 15-14) #2 . 7 :29:39 PM Accept public comment and consider 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 Moderate Density Multi-Family Residential (RMF-35) and Neighborhood Commercial (CN) , to Residential/Mixed Use (R-MU-35) pursuant to Petition No . PLNPCM2014-00375 . 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 Residential/Mixed Use (R-MU-35) , consideration may be given to rezoning the properties to another zoning district with similar characteristics. (Petitioner - Planning Commission) View Attachments There was no public comment . Councilmember LaMalfa moved and Councilmember Rogers seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (P 15-15) 15 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 #3 . 7 :30 :37 PM Accept public comment and consider 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 Single-Family Residential (R-1/5,000) to Residential/Mixed Use (R-MU-35) and to rezone property located at 1266 West 400 South from Single Family Residential (R-1/5,000) to Neighborhood Commercial (CN) pursuant to Petition No . PLNPCM2014-00380 . 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 Residential/Mixed Use (R-MU-35) and Neighborhood Commercial (CN) , consideration may be given to rezoning the properties to another zoning district with similar characteristics. (Petitioner - Planning Commission) View Attachments Laura Carter and Ryan Carter questioned how the proposed rezoning would affect their property, the neighborhood, and the property value of both. Dennis Faris, Vice Chair Popular Grove Community Council, stated that the Community Council was in favor of all of the zoning changes open for public comment . Councilmember LaMalfa moved and Councilmember Mendenhall seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (P 15-16) #4 . 7 :33:19 PM Accept public comment and consider adopting an ordinance amending the zoning map pertaining to properties located at 1380 West Indiana Avenue, 1410 West Indiana Avenue, 1416 West Indiana Avenue, 1420 West Indiana Avenue, 1424 West Indiana Avenue, and 1430 West Indiana Avenue to rezone said properties from Neighborhood Commercial (CN) to Residential/Mixed Use (R-MU-35) pursuant to Petition No . PLNPCM2014-00381 . 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 Residential/Mixed Use (R-MU-35) , consideration may be given to rezoning the properties to another zoning district with similar characteristics. (Petitioner - Planning Commission) View Attachments 15 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 Cindy Gust-Jenson, Executive Council Director, stated that a development agreement was proposed by Councilmember LaMalfa that included some of the properties in the currently proposed rezone . She said feedback would be needed from the Council if they were interested in pursuing the agreement. Councilmember LaMalfa stated that this business node had a lot of potential it was currently peppered with shuttered businesses interspersed among houses, and consolidating the business node into one comprised of successful businesses would be a major success for the Westside plan. He said rezoning to RMU would not require businesses at the ground floor and could threaten the integrity of the node by converting it all to housing. Councilmember LaMalfa said in absence of a development agreement, he would propose moving forward with the rezone, with the exception of the properties at 1380 West Indian Avenue and 1410 West Indiana Avenue in order to maintain a contiguous cluster of business . Councilmember Garrott asked what consideration a development agreement would have. Councilmember LaMalfa indicated it would include retail or some kind of none residential use on the ground floor. Councilmember Garrott asked if either of the proposed solutions would be acceptable. Councilmember LaMalfa stated that he does not want to push the zoning to be retail business, he wants it to be a non-residential business, something besides parking and housing on the ground floor of those properties . Councilmember Garrott asked what moving forward with this item would mean. Councilmember LaMalfa said it means staff would begin working on a development agreement. Nick Tarbet, Council Senior Public Policy Analyst, said that one parcel is owned by the City and interest had been expressed to staff regarding development . The other property was a private property owner which staff could reach out to and see if they would be interested in pursuing that type of zoning. Councilmember Garrott asked how this petition would be changed moving forward. 15 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 Mr. Tarbet stated that if the property owner agreed to the proposed zoning requiring commercial business on the ground floor and would like to sign off on the agreement it would be handled like all other development agreements . Councilmember Garrott asked if the first choice would be to have the development agreement rather than eliminating certain parcels . Councilmember LaMalfa indicated either option would work. He said he would like to have the zoning amendment adopted in November in order to allow time to pursue the development agreement . He said in absence of an agreement, he would feel comfortable moving forward with the zoning changes and removing the two properties from the amendment. Councilmember Luke asked if Council would be open to continue the public hearing and schedule further discussion in an upcoming work session. He expressed concern about the property owner being aware of what was being proposed and engaging their thoughts and opinion. Councilmember Rogers moved and Councilmember Luke seconded to continue the public hearing to a future meeting, which motion carried, all members present voted aye. (P 15-17) #5. 7:40:06 PM Accept public comment and hear protests and objections to the creation of the Central Business Improvement Area 16 and consider written protests and objections of the same issue . The Council adopted a notice of intent to create the district at its August 25, 2015, meeting. The proposed assessment area would require owners of properties valued at more than $20, 000 to pay an assessment on the properties. Revenue from the assessment would be used for economic promotion activities in downtown Salt Lake City. Written protests must be filed in the City Recorder's office by 5:00 p.m. , Monday, December, 7, 2015. View Attachments Michael Wright stated that he was a small property owner on the Westside servicing approximately 17 small startup companies . He expressed concern regarding assessment costs and non-retail businesses subsidizing the direct benefit of economic promotion of retail businesses . Mr. Wright believed that the cost of the assessment would potentially affect the viability of his business . View Attachments Councilmember Garrott asked Mr. Wright if he was aware of the protest process that required submission in writing. 15 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 Councilmember Rogers suggested Mr. Wright have any other disgruntled property owners that he is aware of submit written protests as well . Councilmember Mendenhall moved and Councilmember Luke seconded to close the public hearing and refer written protest to the City Recorder' s office, which motion carried, all members present voted aye . (Q 15-4) COMMENTS TO THE CITY COUNCIL 7 :44:49 PM Tim Funk expressed excitement about the renaming of the Jordan River Oxbow at 900 South to the Fred & Ila Rose Fife Wetland Preserve . Mr. Funk encouraged the City Council to read "Our City Leads", (a plan to reduce the number of homeless people in Salt Lake City/improve safety in the neighborhood near homeless service providers) that Crossroads Urban Center produced in conjunction with input from homeless service providers in the Rio Grande area. He said a lot of time was spent working on the study and immediate and long- term recommendations were listed in the study. He commented that homeless service providers need to be in the City where they can serve the people and that the area needs to be made safe for homeless people . He said he believed the City was on the right track to reduce homelessness and improve safety near homeless service providers . View Attachments 7 :47 :31 PM George Chapman asked Council to postpone adopting the proposed Bus Rapid Transit (BRT) , South Davis Locally Preferred Alternative . He said he believed the funding would be coming from the Transportation Sales Tax on the ballot this year and suggested putting it off until after the election. Mr. Chapman questioned whether the public hearing was properly noticed. 7:49:38 PM NEW BUSINESS #1 . Adopting a resolution reaffirming the Salt Lake City Council ' s commitment to comprehensive public involvement and transparency in establishing Local Historic Districts . Councilmember Luke moved and Councilmember Rogers seconded to suspend the rules and adopt Resolution 32 of 2015, which motion carried, all members present voted aye, except Councilmember LaMalfa who voted nay. View Attachments (P 12-13) 15 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 UNFINISHED BUSINESS #1 . 7:50:24 PM Adopting four ordinances amending Salt Lake City Code relating to Parks and Public Lands. Under the proposal, existing park rules would be applied to all lands managed by, maintained by or under the jurisdiction of the Parks and Public Lands division. The proposal would also ensure that funds from the sale of surplus property be deposited into the respective open space fund or enterprise fund. The Council will consider adopting ordinances amending: • Chapter 2 . 58 - City-owned Real Property; (0 15-12) • Chapter 2 . 90 - Open Space Lands Program, ; (0 13-22) • Chapter 15 . 04 - Parks and Golf Courses List; and (0 15-14) • Chapter 15 . 08 - Park Rules . (0 15-15) View Attachments Councilmember Rogers moved and Councilmember Mendenhall seconded to adopt the following four ordinances : • Ordinance 49 of 2015 amending Chapter 15 . 08, Salt Lake City Code, relating to the park rules with the exception changes that were proposed regarding slack lines and hammocks so that they are still allowed until a more comprehensive proposal can be considered. • Ordinance 50 of 2015 amending Chapter 2 . 58, Salt Lake City Code, relating to the city owned real property. • Ordinance 51 of 2015 amending Chapter 15 . 04, Salt Lake City Code, relating to the parks and golf courses list. • Ordinance 52 of 2015 amending Chapter 2 . 90, Salt Lake City Code, relating to the open space lands program. Councilmember Garrott commented that he appreciated the Parks Division' s willingness to remove the hammocks and slack lines until a more comprehensive solution can be found. Councilmember Garrott called for the question, which motion carried, all members present voted aye . #2 . 7:52:07 PM Adopting a resolution adopting a locally preferred alternative for UTA to extend transit options within the Davis-Salt Lake Community Connector Transit Study Corridor. The recommended Locally Preferred Alternative route includes a recommendation that Bus Rapid Transit would be developed on 400 West to serve redevelopment, the commuter rail station and Downtown Salt Lake City. View Attachments 15 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 Councilmember Rogers moved and Councilmember LaMalfa seconded to adopt Resolution 33 of 2015 adopting a locally preferred alternative for the Utah Transit Authority to extend transit options within the Davis-Salt Lake Community Connector Transit Study Corridor with the following amendments : 1 . That in the resolution' s preamble Paragraph No. 5, the words "fixed guideway systems" be replaced by the words "bus rapid transit" and that the word "system" be replaced by the words "bus rapid transit", so the paragraph will read: "WHEREAS, UTA proposes to expand bus rapid transit to include, among other things, an extension of bus rapid transit through the Davis- Salt Lake Community Connector Transit Study Corridor; and 2 . That in paragraph No. 1 under "be it resolved by the Salt Lake City Council" that the words "the high capacity fixed guideway system" be replaced by "bus rapid transit", so the paragraph reads : "The City Council hereby endorses and approves the proposed construction of bus rapid transit along 400 West in Salt Lake City, along US 89 in Salt Lake City, North Salt Lake City, and Bountiful City, and Main Street to 500 South in Bountiful City as the Locally Preferred Alternative" . Councilmember Adams stated that she would not be supporting adoption of this resolution at this time . She believed Council should wait until after the election to vote and even suggested waiting until the Master Plan for Transit was received. Councilmember Rogers referenced previous Council discussions of being a progressive City concerned about air quality. He indicated that on I-15 along Davis County the traffic count is 87, 000 cars a day and on Beck Street the traffic count is around 40, 000 cars a day; a total of 120, 000 cars a day coming into downtown Salt Lake City. Councilmember Rogers said that this was an option and opportunity to cooperate with Davis County to improve air quality and transportation in Salt Lake City. He stated that he would support adoption of this resolution. Councilmember Garrott stated that he would support adoption of this resolution. He said this was an existing artery between both communities and was not a commitment to run transportation beyond downtown Salt Lake City or a piece of the City' s transit plan infrastructure . He believed capital investment would be minimal to Salt Lake City and said he does not believe there would be opportunity for costs . 15 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 Councilmember Garrott called for the question, which motion carried, all Council Members present voted aye, except Councilmember Adams who voted nay. (R 14-7) #3. 7:55:46 PM Adopting a resolution which includes the remaining Capital Improvement Program (CIP) allocations for Fiscal Year 2015-16. Capital improvements involve the construction, purchase or renovation of buildings, parks, streets or other physical structures . Generally, projects have a useful life of five or more years and cost $50, 000 or more. Some of the projects identified for funding include : • $2 . 4 million for complete streets enhancements on the westside at 900 West and Indiana Ave. The improvements will impact four neighborhood business nodes by adding lighting, bike lanes and bus stops, and improving walkability, among other projects . The improvements further implement components of the West Salt Lake Master Plan—a Council priority this year; and • $900, 000 in impact fees to purchase land for a park Downtown. View Attachments Councilmember Mendenhall moved and Councilmember Luke seconded to adopt Resolution 34 of 2015 adopting the 2015-2016 Capital Improvement Program budget with the following contingencies : 1 . That the Council allocate $590, 000 and $490, 000 to the Parks & Public Lands Deferred Maintenance and the Facilities Deferred Maintenance projects, respectively, through the CIP budget this year, with the understanding and expectation that the Administration will propose funding future, planned deferred maintenance needs in the General Fund; 2 . That the Council allocate a combined total of $246, 000 from both the general fund and impact fees to fund the 1300 South Bicycle Bypass, contingent on identifying an alternative source for the remaining funds, which proposed at $214, 000 and 3 . That the Council allocate $250, 000 to the Pioneer Park Improvements project, contingent on the Administration confirming a matching commitment of $250, 000 from a source other than the Salt Lake City government. Councilmember Garrott thanked the Administration and Council Staff for being helpful and respectful of the CIP budget process that was done differently this year. He said he felt the process this year was highly successful and hopefully paved a path for future councils to make sure their priorities would be expressed through the CIP budget. Councilmember Garrott thanked his fellow Council Members for their participation and hoped they felt good about the budget . 15 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 Councilmember LaMalfa complimented Staff for getting through a difficult budget process with a new set of rules . He also paid compliment to Councilmember Garrott for getting Council through the budget process . He said he hoped that future Councils will include priorities in the CIP budget process . He addressed Council Members Mendenhall, Luke, Adams, and Rogers and stated that as they moved forward with next year' s budget process . He hoped they would be as assertive about Council priorities as Councilmember Garrott was for Council this year. Councilmember Garrott called for the question, which motion carried, all members present voted aye . (B 15-1) 8:00:34 PM CONSENT Councilmember Luke moved and Councilmember LaMalfa seconded to adopt the Consent Agenda, which motion carried, all members present voted aye . #1. Set the date of Tuesday, October 20 , 2015 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending the zoning map pertaining to property located at 563 East 600 South and 567 East 600 South to rezone the 563 East parcel from Residential Multi-family (RMF-35) to Residential Mixed Use (R-MU-35) and the 567 East parcel from Neighborhood Commercial (CN) to Residential Mixed Use (R-MU-35) and amending the Central Community Master Plan Future Land Use Map for the 563 East Parcel pursuant to Petition Nos . PLNPCM2014- 00832 and PLNPCM2014-00833 . 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) View Attachments (P 15-20) #2 . Setting the date of Tuesday, October 20, 2015 at 7 : 00 p.m. to 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) pursuant to Petition No. PLNPCM2014-00883 . 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. View Attachments (P 15-19) 15 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 6, 2015 #3 . Setting the date of Tuesday, October 20, 2015 at 7 : 00 p.m. to 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 (2795 East 2100 South) 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 (0 15-13) #4 . Approving the appointment of Jennifer McGrath to the Community Development & Capital Improvement Programs Advisory Board for a term extending through June 4, 2018 . View Attachments (I 15-22) #5 . Approving the appointment of Jinger LaGuardia to the Sister Cities Board for a term extending through July 3, 2017 . View Attachments (I 15-21) The meeting adjourned at 8 : 01 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 Salt Lake City Council Regular Session meeting held October 6, 2015 . ks 15 - 11