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09/02/2014 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 2, 2014 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 2, 2014 at 7 : 11 p.m. in Room 315, City Council Chambers, City County Building, 451 South State . The following Council Members were present: James Rogers Stan Penfold Luke Garrott Erin Mendenhall Kyle LaMalfa Lisa Adams Charlie Luke Cindy Gust-Jenson, Executive Council Director; David Everitt, Mayor' s Chief of Staff; Margaret Plane, City Attorney; and Cindi Mansell, City Recorder; were present. Councilmember Luke presided at and conducted the meeting. OPENING CEREMONY #1 . 7 :11:33 PM Pledge of Allegiance #2 . 7 :11:59 PM Adopt a Joint Resolution with Mayor Ralph Becker supporting September 6-13, 2014 as Eat Local Week in Salt Lake City. Councilmember Garrott read the Joint Resolution. Councilmember LaMalfa moved and Councilmember Mendenhall seconded to adopt Joint Resolution 21 of 2014 , which motion carried, all members voted aye . David Everitt and the Council presented the Joint Resolution to Carly Gillespie, Program Coordinator for Eat Local Utah; Mike Lynch, Wasatch Community Gardens; and Gwen Crist, Chair for Grow Food Utah. (R 14-1) #3. 7 :15:24 PM Councilmember Mendenhall moved and Councilmember Garrott seconded to approve the minutes of the following Salt Lake City Council meetings , which motion carried, all members voted aye . a) K.E.E.P. Yalecrest Organization on Tuesday, July 15, 2014 ; b) Work Session on Tuesday, July 29, 2014 ; and c) Formal meeting on Tuesday, August 19, 2014 . (M 14-4) (M 14-3) PUBLIC HEARINGS 7 :16:03 PM #1 . 7 :16:53 PM Accept public comment and consider adopting an 14 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 2 , 2014 ordinance amending the Salt Lake City Code relating to outdoor dining regulations (amending Section 21A. 40 . 065) pursuant to Petition No. PLNPCM2014-00106 . The amendments would allow outdoor dining for nonconforming restaurants and other similar uses through the City's special exception process (Chapter 21A. 52, Special Exceptions) Currently, nonconforming restaurants are not allowed to have outdoor dining. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner Jude Rubadue) View Attachments Willy Littig, Gregory Walker, Wren Walker, Peter Harvey, Charles Davidson, Jonathan Genzen, Bob Bolds, Dennis Piercey, Frederica Nebeker, Jerry Petersen, Katy Sine (Utah Restaurant Association) , Dale Nelson, Madelyn Boudreaux, Tom Fightmaster, Balbina Paul, Eric Hamren, Oscar Garcia, and Alan Anderson spoke in support of the petition. Comments included: citizens desire for walkable neighborhoods and lifestyle; charm and character associated with outdoor dining areas; air pollution benefits associated with walking; the need to approve this text amendment mechanism to allow customers the ability to take advantage of outdoor dining; parking not an issue; when a community comes together and enjoys something so much, it should be allowed even though some do not appreciate it; patrons were courteous and kind; this restaurant being the jewel of the neighborhood; trust that concerns or problems could be creatively addressed and mitigated; the desire to retain a small intimate atmosphere; business aspects of creating a community feel; the patio was open the prior year with no issues; people speaking from fear rather than actual fact; tenant being an honest and hard working individual; and economic benefits associated with outdoor dining attracting additional patrons . Kristen Stowell spoke against the petition and said the proposed text amendment was inappropriate. She said her home shared a fence line with petitioner' s property, and the restaurant was not suited to the neighborhood due to parking, buffers, noise, and odors . She said the impacts to her home had been intense, highly difficult to endure, and very interfering. Wade Budge, legal counsel for the petitioner, thanked the Staff for working with the petitioner in providing input for the proposed text amendment . He said together, they looked for a way to accommodate the use by providing for buffering, noise, odor, and the reduced size of use. He said there were seven other restaurants operating in this same manner, and the desire was to cater a solution for all . Mr. Budge said if the Council were to approve the text amendment, the process would still involve the ability for public comment before the Planning Division to hear and balance all interests . 14 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 2 , 2014 Jude Rubadue, petitioner, spoke in favor of the proposed text amendment. She said she purchased this property in 1984; 30 years later and a great deal of work, now resides a cute little business . She explained, originally, catering was a very intense use that ripped the building apart, and the big trucks coming and going did not seem right in the neighborhood. The property was then downscaled to a bistro which did fit under food service . Ms . Rubadue said she had spoken to the neighbors about sound abatement and noise; the patio area had been reduced by half, resulting in less income yet less annoyance. Kathie Chadbourne, bistro tenant and caretaker, spoke in favor of the text amendment . She said her neighbors were people she had great respect for; however, her patio and business survival were in jeopardy. She said the attempt was made to figure out how to work within this small little street area that had been in business since 1907 and now contained an award-winning restaurant . Ms . Chadbourne said she remained committed to ensure the privacy of neighbors, reduce noise and odors, maintain a clean appearance; she said she was unaware there were existing issues . Don Butterfield and Lynn Bybee spoke against the petition. Comments included: business and people have a right within certain parameters upon their own property and this being a simple conflict of infringement upon property rights; parking concerns with patrons and battling for a space in front of their own homes; patrons blocking the driveway; noise concerns for handicapped or elderly residents; sale of nearby homes and potential financial loss due to the restaurant proximity; and impacts on a personal level as well as financial . Judi Bergslien submitted a written comment against the zoning amendment petition for nonconforming restaurants . It noted the Planning Division Report for small business in neighborhoods deemed restaurants as inappropriate; the need for neighborhood protection; and perhaps business that needed growth should consider an alternative location not in a residential area. The following individuals submitted written comment cards in support of the petition: Mark Taylor, Sam Hatziathanasiou, Daneta Bardsley, Brady Lynn Nevarez, Paul Barney, Isaac Pugh, Gwen Crist, Alexa Banks, Victoria Piper, Andrew Deiss, Jennifer Cox, Don Bushman, Aimee Chadbourne, Paul Balbina, Kelly Chadbourne, and Jon Seger. Comments included: added value and quality of life; this business being the perfect example of the type of business needed in Salt Lake; sustainable production of home grown products and produce should be a model; the patio playing a big part of the bistro as a whole; need for 14 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 2 , 2014 compromise; loss of this neighborhood business being a tragedy; restaurant provides an important gathering space; support and facilitate the business sustainability; increased investment in local economy; what would happen to the other restaurants with patios in the same zoning designation; and the restaurant being all benefit and no cost to the neighborhood. Councilmember Penfold moved and Councilmember LaMalfa seconded to close the public hearing and defer action to a future Council meeting, which motion carried, all members voted aye. (P 14-12) #2 . 7:56:58 PM Accept public comment on applications submitted by various City departments for the following grants : View Attachments a) Paint-Ready Active Transportation Bikeway Projects 2104 - $245, 000 b) Pioneer Park Outdoor Recreation Program - $499, 854 c) Salt Lake City Urban Trails Implementation Plan. This request provides technical assistance from the National Parks Service to facilitate stakeholder and community meeting to develop the Salt Lake City Urban Trails Implementation Plan. Budget neutral. This request provides technical assistance from the National Parks Service. There being no public comment, Councilmember Garrott moved and Councilmember Mendenhall seconded to close the public hearing and refer to a future meeting, which motion carried, all members voted aye. (B 14-8) COMMENTS TO THE CITY COUNCIL (Comments are taken on any item not scheduled for a public hearing, as well as on any other City business. Comments are limited to two minutes) 7:59:21 PM Eric Hamren said he did not own a car and got around almost entirely by bike as well as driving a pedi-cab. He spoke about the new protected bike lane on 300 South. He said there were some flaws in the design; specifically, with lack of consistency throughout the route and the painting on the street. He said he would recommend changes similar to Montreal and Quebec wherein bike lanes stay separate from vehicles in the intersection and offer a concrete barrier to go past the crosswalk. Councilmember Luke requested Mr. Hamren provide comments to Transportation Director Robin Hutcheson. 14 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 2 , 2014 8:02:01 PM Eliza James, Ken Wheadon, George Chapman, Pam Pederson, Craig Carter, Claudia Johnson, and Oscar Garcia spoke against the TIGER grant or the streetcar continuation. Comments included: continued construction not good for area business or residences; stop the streetcar and the need to create a Master Plan first; safety due to the streetcar rails within the street lanes and the gap between rail and pavement; larger need of bus service times and area and supporting it prior to a streetcar; why increase funding for a streetcar when funding was better spent for buses; the City needing to be more thoughtful about changes; consider individuals with disabilities in association with public transportation; no reduction for traffic on 21st South; problem with reducing driving lanes in Sugar House and increased traffic and parking issues; increased bus service and provide bus shelters; better ideas for 1100 East; and the need to re-evaluate transportation efficiency in this area. A written comment was also submitted by Mark Lewon opposing the trolley line extension and the continued construction affects to businesses . 8:05:42 PM Don Butterfield addressed how his senior community felt about UTA projects and the fact they walk from their apartments and their homes across the 6th North viaduct to the grocery store and pharmacy. He said the City needed service, especially for seniors, and not another project. Mr. Butterfield addressed the South Davis Corridor. He said the BRT was a good recommendation for a downtown route to take cars off the road and help reduce pollution, but the recommendation was too much money in comparison with other alternatives . 8:11:32 PM Patrick Shea spoke about the Citywide golf design decision and felt the Council process truly reflects an academic approach. He said that at times, drastic changes were necessary in association with public policy. He said the eight different courses should offer eight different experiences and he would hope the Council was committed to examine and render the best solutions . UNFINISHED BUSINESS #1 . 8:20:27 PM Adopting a resolution pledging support to contribute the required local match if awarded TIGER Grant funding to extend transit service in the Sugar House Business District. Under the proposed resolution, the Council would be asked to appropriate about $3. 1 million to match the federal grant totaling about $7. 5 million. Per Council request, the proposal has been changed to specify that the City will make an effort to find additional funding sources, such as private property owners adjacent to the S-Line. View Attachments 14 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 2 , 2014 Councilmember Mendenhall moved and Councilmember Penfold seconded to adopt Resolution 22 of 2014 . 8:20:53 PM Councilmember Garrott offered a substitute motion pledging support to contribute the required local match for the TIGER grant for the Sugar House Streetcar extension on the condition that the Administration go no further on planning new streetcar routes than required by current contracts, until a City-wide Transit Master Plan was approved by the City Council . Motion failed due to lack of second. 8:22:00 PM Council Members spoke to the motion. Councilmember Luke called for the question on the original motion. Said motion was approved 4-3, Council Members LaMalfa, Penfold, Mendenhall, and Luke voting "aye"; Council Members Rogers, Garrott, and Adams voting "nay" . (R 14-6) #2 . 8:40:19 PM Adopting a proposal that would amend various provisions of Salt Lake City Code concerning the Consolidated Fee Schedule pursuant to Petition No. PLNPCM2014-00016 . The proposal would clarify vague, missing, or non-standardized language in code that authorizes fee collection, particularly related to zoning regulations. The proposal also clarifies that fees are not required for petitions from the Mayor, City Council, or Planning Commission, or for historic preservation applications, including new local historic and character conservation districts. (Petitioner Mayor Ralph Becker) View Attachments Councilmember Garrott moved and Councilmember Mendenhall seconded to adopt Ordinance 54 of 2014 amending various provisions of the Salt Lake City Code relating to zoning petition fees, and clarifying vague or non-standardized language to the code that authorizes fee collection, which motion carried, all members voted aye. (0 14-20) #3 . Adopting an ordinance: a) 8:41:46 PM amending the Salt Lake City Consolidated Fee Schedule by including the following language to further describe the circumstances in which a credit card surcharge may be imposed: "This fee will be added at the point of sale to all credit card transactions involving impact fees, Justice Court fees or Penalties, and any fees that go into the general fund. Hive Pass purchases 14 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 2 , 2014 and parking meter transactions are not subject to surcharge. " View Attachments Councilmember Penfold moved and Councilmember LaMalfa seconded to adopt Ordinance 55 of 2014 , which motion carried, all members voted aye . (0 11-9) b) Confirm the Council' s action of July 15, 2014 adopting an ordinance amending Section 3 . 16 . 060, Salt Lake City Code, to clarify that no credit card surcharge will be added to HIVE Pass purchases. View Attachments Councilmember Penfold moved and Councilmember LaMalfa seconded to confirm adoption of Ordinance 53 of 2014 at a previous meeting and in coordination with adoption of Ordinance 55 of 2014, which motion carried, all members voted aye. (0 14-19) CONSENT AGENDA 8:43:06 PM Councilmember Penfold moved and Councilmember Garrott seconded to adopt the Consent Agenda, which motion carried, all members voted aye. #1 . Setting the date of Tuesday, October 7, 2014 at 7 : 00 p.m. at Parkview Elementary (970 Emery Street, Salt Lake City, Utah 84104) to accept public comment and consider adopting an ordinance adopting the proposal that would amend the West Salt Lake Master Plan pursuant to Petition No. PLNPCM2010-00656 . The plan has been updated to reflect the evolution of transportation, land use, and sustainability in the area south of Interstate 80 from Interstate 215 on the west to Interstate 15 on the east. The updated plan lays out the vision, goals, and policies for the area, including: View Attachments • encouraging reinvestment and redevelopment; • protecting ongoing investment in low-density residential neighborhoods while incorporating high-density development; and • making West Salt Lake a destination for outdoor recreation. (Petitioner Mayor Ralph Becker) (T 14-3) #2 . Setting the date of Tuesday, October 7, 2014 at 7 : 00 p.m. at Parkview Elementary (970 Emery Street, Salt Lake City, Utah 84104) to accept public comment and consider adopting an ordinance adopting the 14 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 2, 2014 9 Line Corridor Master Plan pursuant to Petition No . PLNPCM2014-0004 . This planning document for the 9 Line Corridor, which follows the old Union Pacific rail line on 900 South from 200 West to the Surplus Canal, was an effort to provide a major pedestrian and bicycle link connecting the City's east and west neighborhoods. The 9 Line Master Plan identifies: View Attachments • ways to utilize the space, including development ideas for vacant parcels along the trail; • plans for the continuation of the trail west to the Surplus Canal; • identifies the necessary connections that need to be made to connect the nearby neighborhoods, amenities, and activity nodes . (Petitioner Mayor Ralph Becker) (T 14-2) #3. Approving the appointment of the following people to the Parks, Trails, Natural Lands and Urban Forestry Advisory Board for terms beginning on September 1, 2014 and extending through December 30, 2016 . • Matthew Loveland • Ellen Parrish (I 14-11) #4 . Approving the appointments of the following people to the Police Civilian Review Board for terms beginning on September 1, 2014 and extending through September 4, 2017 . • Dennis Busch • Gregory Bambo (this applicant was not interviewed at the work session and will be rescheduled for appointment at a later date) . (I 14-3) The meeting adjourned at 8 : 43 p.m. Council Chair City Recorder 14 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 2, 2014 This document is not intended to serve as a full transcript as additional discussion may have been held; please refer to the audio or video for entire content. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held September 2, 2014 . CM 14 - 9