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09/06/2016 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 6, 2016 at 7 : 06 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Charlie Luke Derek Kitchen Lisa Adams Andrew Johnston Erin Mendenhall James Rogers Stan Penfold Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno, Council Executive Deputy Director; David Litvack, Mayor' s Deputy Chief of Staff; Margaret Plane, City Attorney; Nick Tarbet, Council Senior Public Policy Analyst; and Cindi Mansell, City Recorder; were present. Councilmember Rogers presided at and Councilmember Mendenhall conducted the meeting. OPENING CEREMONY #1 . 7:06:42 PM Pledge of Allegiance . #2 . 7:07:02 PM Welcome/Review of Standards of Conduct. #3. 7:09:23 PM Councilmember Rogers moved and Councilmember Penfold seconded to approve the minutes of the following Council meetings, which motion carried, all members voted aye . • August 9, 2016 Work Session • August 9, 2016 Formal Meeting • August 16, 2016 Work Session • August 16, 2016 Formal Meeting (M 16-3) (M 16-4) PUBLIC HEARINGS Note : Items 1 & 2 are related to the 800 West and 800 North Rezone. #1 . 7:10:43 PM Accept public comment and consider a proposal to amend Section 21A. 33 . 020 Table of Permitted and Conditional Uses for Residential Districts, to allow for "Community Recreation Center" as a conditional use in the Residential Multi-Family, Low Density (RMF-35) pursuant to Petition No. PLNPCM2015-00775 . The changes would apply Citywide. View Attachments Theresa Drulard spoke in favor of the proposal . 16 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 Councilmember Penfold moved and Councilmember Luke seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (P 16-26) #2 . 7:12:52 PM Accept public comment and consider a proposal to close a portion of 800 West, north of a terminating cul-de-sac, at approximately 800 North pursuant to Petition No. PLNPCM2015-00462 . This portion of 800 West was cut off because of freeway construction association with Interstate 15. The purpose of the closure is to make the site available for the construction of a Rose Park Immigrant and Refugee Community Center (Petitioner: Tom Lloyd) . View Attachments Councilmember Rogers moved and Councilmember Kitchen seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (P 16-26) #3 . 7:13:33 PM Accept public comment and consider an ordinance that would amend the zoning map pertaining to properties located at 842 , 834 , 824 , 825, 845 , and 843 West Hoyt Place, 826 West 200 North, and 247 North 800 West to rezone those parcels from R-1/5,000 and R-1/7 ,000 to SR-3 pursuant to Petition No. PLNPCM2015-00301 . The rezone would allow for medium density development potential and a broader range of housing options. There is no specific development project proposed at this time. Although the applicant has requested that the property be rezoned to SR- 3, consideration may be given to rezoning the properties to another zoning district with similar characteristics (Petitioner: David Robinson) . View Attachments George Chapman spoke in support of the proposal . He said the area needed more affordable housing (infill homes) like this project to stabilize and build up the neighborhood. Michael and Elizabeth Nielsen did not wish to speak but submitted written comments requesting verification of how the proposal would affect their property. Councilmember Penfold moved and Councilmember Luke seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (P 16-27) #4 . 7:14:47 PM Accept public comment and consider an update on the proposed Master Plan Amendment and Rezone for property at 552 North 1500 West pursuant to Petition Nos . PLNPCM2012-00697 and PLNPCM2013-00057 . The proposal would amend the master plan from low density residential to 16 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 medium density residential and rezone the property from Single Family Residential (R-1/7000) to Special Pattern Development Residential (SR- 3) . The Council originally considered the proposal in 2014 and asked the applicant obtain community input on their revised proposal . The applicant is requesting the Council reconsider the original proposal . Although the applicant has requested that the property be rezoned to SR- 3, consideration may be given to rezoning the properties to another zoning district with similar characteristics (Petitioner: Dave Robinson) . View Attachments Councilmember Mendenhall noted the applicant had requested continuance of the public hearing to a future date to ensure additional community outreach and neighborhood understanding of the proposal . Shauna Peck, Thomas King, Deanna Taylor, Tyler Peck, and Linda Lujan spoke in opposition against any rezoning or master plan changes in the area. Comments included many area residents meeting multiple times with the applicant and remaining opposed; home pricing claims by petitioner; property being developable under the current zoning with less profitability; negatively altering the character of the neighborhood; current zoning (low density) was in line with the character of the adjoining properties; changing the zoning would not hold developer to what had been presented; proposal entailing a two-year frustrating process; and difficulty in convincing the public they had a voice. David Peck and David Sanchez did not wish to speak but submitted written comments opposing any change to the master plan or zoning. Councilmember Penfold suggested if any additional residents present had interest in the proposal to provide their contact information to Staff. Councilmember Johnston moved and Councilmember Penfold seconded to continue the public hearing to a future meeting, which motion carried, all members voted aye . (P 14-2) #5. 7:26:52 PM Accept public comment and consider an ordinance amending various sections of Title 21A Zoning pertaining to attached garage regulations in residential zoning districts pursuant to Petition No. PLNPCM2014-00133 . (This proposal was revised based on Council feedback. The proposal would change the garage-building standards and eliminate the proposed special exception for attached garages that project forward from the front facade in residential district (Petitioner-Salt Lake City Council) . View Attachments 16 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 Councilmember Penfold moved and Councilmember Kitchen seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (P 16-24) #6 . 7:27:29 PM Accept public comment and consider a proposal to rezone property at 3120 Richmond Street from Residential/Office (RO) , to Community Business (CB) , and amend the Master Plan from "High-Intensity Mixed Use" to "Low-Intensity Mixed Use" pursuant to Petition Nos . PLNPCM2016-00073 and PLNPCM2016-00074 . The Planning Commission forwarded a negative recommendation to the Council (Petitioner-Allen Pour Sohrab Family Trust) . View Attachments George Chapman spoke in opposition of the project due to ingress/egress onto Richmond Street and its high traffic volumes . He suggested the area would be better suited for a bike lane . Judi Short said she did not have serious concerns with the rezoning, but felt the proposed development would be out of place and add to existing traffic problems . Puni Homer said he felt speed limits and warning signs were more critical than developing new property. Hamid Hosseini discussed his personal property investment and traffic safety concerns of the proposed development. Councilmember Penfold requested Council Staff follow-up with the petitioner regarding additional options for development. Mr. Tarbet said there were unanswered direction questions from the briefing and he would work with the applicant and return to the Council . Chair Mendenhall noted that any substantive changes would result in the need for a new public hearing. Councilmember Kitchen moved and Councilmember Penfold seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (P 16-25) #7 . 7:38:49 PM Accept public comment and consider an ordinance amending the final budget of Salt Lake City, including the employment staff document, for Fiscal Year 2016-2017 . Under the proposal, the remaining funds from the Public Safety Bond would be used to construct a logistics facility for the Fire Department at 1560 South Industrial Road-the site of the Fire Department Training Tower. Included is a proposal to use Police Impact fees for the payment of the long-term lease for the police crime lab, which would free up funding for other projects. 16 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 This amendment may also include funding relating to purchase or lease of real property, or related expenses. Budget amendments happen several times each year to reflect adjustments to the City's budgets, including proposed project additions and modifications. (Budget Amendment No. 1) View Attachments George Chapman spoke in opposition of taking money from the Police Department and giving it to the Fire Department. Councilmember Penfold moved and Councilmember Kitchen seconded to close the public hearing, with the understanding for Item B12 (City Creek Freedom Trail expansion project) that if grant funds were awarded the project would then undergo a robust public process, including adjacent Community Council input, which motion carried, all members voted aye . Ms . Gust-Jenson offered clarification. She stated this particular item was for consideration of the budget amendment and not the grant funding at this time . Councilmember Luke moved and Councilmember Rogers seconded to reconsider the item, which motion carried, all members voted aye . Councilmember Penfold moved and Councilmember Luke seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (B 16-9) Accept public comment on the following Grant Application Submissions (Items 8-12 heard as one public hearing) . #8 . 7:44 :39 PM YouthCity Glendale Library Teen After School Prevention Grant. Purpose/Goal of the Grant - If approved, this grant would continue to fund hourly wages and benefits for two existing Teen Specialists from FY2016-17 through FY2018-19. In addition, the grant would partially fund a NEW Teen Program Coordinator position at Glendale Library (newly proposed site) , expanding youth programming on the west side. Grant monies would fund forty percent (40%) of the salary and benefits for this position. The remaining sixty percent (60%) would be funded by the budget from the Department of Public Services Division of Youth & Family. View Attachments (B 16-4) #9 . YouthCity Northwest Recreation Center Teen After School Prevention Grant. Purpose/Goal of the Grant - If approved, this grant would continue to fund hourly wages and benefits for two existing Teen Specialists from FY2016-17 through FY2018-19. In addition, the grant would partially fund a NEW Teen Program Coordinator position at the 16 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 Northwest Recreation Center. Grant monies would fund forty percent (40%) of the salary and benefits for this position. The remaining sixty percent (60%) would be funded by the budget from the Department of Public Services Division of Youth & Family. View Attachments (B 16-4) #10. YouthCity Central City Teen After School Prevention Grant. Purpose/Goal of the Grant - If approved, this grant would continue to fund hourly wages and benefits for two existing Teen Specialists from FY2016-17 through FY2018-19, and partially fund a NEW Teen Program Coordinator position at the Central City Recreation Center. Grant monies would fund forty percent (40%) of the salary and benefits for this position. The remaining sixty percent (60%) would be funded by the budget from the Department of Public Services Division of Youth & Family. View Attachments (B 16-4) #11. Jurisdictions with Halfway Houses and Parole Violator Centers . Purpose/Goal of the Grant: If approved, approximately $195, 000 of the total grant funding would be used for police patrol overtime, enforcement, and follow up investigations involving individuals who have been assigned to parole and correctional centers. The grant would also provide the following: a) Funding for the social work program to provide transitional housing, transportation, emergency supplies and housing/employment assistance to clients. b) Funding to purchase protective rifle plates for officers. c) Continuing salary and cell phone service for two existing part-time van drivers originally hired with funding from the 2016 Jurisdictions with Halfway Houses and Parole Violator Centers Grant. Grant Amount: $321,208. Match Requirement: -0- View Attachments (B 16-4) #12 . City Creek Freedom Trail Expansion Project (Utah Outdoor Recreation Grant) . Purpose/Goal of the Grant - If approved, this grant would fund the addition of 2. 5 miles to the Freedom Trail loop in the City Creek Open Space area between the Capitol Building and The Avenues. It would also extend the trail length by 500%, provide additional access points, a formal trailhead sign, as well as way finding signs. View Attachments (B 16-4) Councilmember Penfold moved and Councilmember Kitchen seconded to close the public hearing and defer action to a future meeting, with the understanding for item B12 (City Creek Freedom Trail expansion project) that if grant funds were awarded the project would then undergo a robust public process, including adjacent Community Council input, which motion carried, all members voted aye . 16 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 7:46:36 PM COMMENTS TO THE CITY COUNCIL George Chapman expressed concerns about the Police Civilian Review Board ruling on the shooting last Friday. He said he hoped the City Council ensured this did not keep happening. Robert Morreall, Rebecca Day, Frederick Stagbrook, and Aaron Pollard discussed a "green median" proposal along 1200 East between 600 South and 800 South. Comments included ensuring safety of a residential area; traffic calming; reduced traffic speed; and alleviating a low visibility area. Bruce Bolick, Robert Stephenson, Nick Luem, and Deserae Rittmiller did not wish to speak but submitted written comments supporting the proposed green median. Louis Gasper, Katherine Lichfield, and David Iltus discussed the proposed Pedi Cab ordinance amendments . Comments included opposition of the helmet requirement; helmets impeding the ability to do business; helmets raising questions by riders as to safety or whether they also need helmets; Pedi Cabs not being fast enough to require helmets; helmet requirement being a backwards step; helmets discouraging ridership; separate seatbelts not being feasible; and support of all other requirements . Bernie Hart expressed appreciation for the Council' s work session dialogue and consideration of the homeless issue. He said rather than throwing money at the situation, the deliberations show careful consideration of the chance to solve multi-generational problems . He suggested the Council consider what was best for neighborhoods and the homeless, and truly seeking a comprehensive solution. UNFINISHED BUSINESS #1 . 8:04:15 PM Adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City, Utah Transit Authority, and other government agencies . Under the proposal, the City would contribute $35, 000 toward a transportation study of the Redwood Road Corridor from 11400 South to the northern boundary of the City. View Attachments Councilmember Rogers moved and Councilmember Johnston seconded to adopt Resolution 28 of 2016, which motion carried, all members voted aye . (C 16-684) 16 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 #2 . 8:05:06 PM Adopting an ordinance enacting Chapter 5 . 63 of the Salt Lake City Code regarding the regulation of pedicabs. The proposal would create standards and regulations for the operation and enforcement of pedicab businesses to ensure safety standards are being met. The City currently does not have an ordinance regulating Pedi cabs. View Attachments Councilmember Kitchen moved and Councilmember Johnston seconded to adopt an ordinance enacting Chapter 5. 63 regarding the regulation of Pedi cabs with the following amendments : (a) Pedi cabs should have a sign located on the body of the cabs that either lists fares or indicates that fares must be agreed on before potential customers enter the cab to start the cab service; (b) Pedi cab drivers not wear earbuds, earphones, or any other device that prevents them from hearing traffic or their customers' requests; (d) the following sentence - "A Pedi cab business shall provide, concurrent with the execution of this Agreement, a comprehensive general liability insurance policy covering its operation of said Pedi cab for public transportation with minimum limits of $1, 000, 000 per occurrence with a $2, 000, 000 general aggregate" - be replaced with a sentence that reads : "A Pedi cab business shall provide, concurrent with the execution of this Agreement, a comprehensive general liability insurance policy covering its operation of said Pedi cab for public transportation with minimum insurance limits established by Utah State laws 51-6a-208 and 13-51-108; (e) potential Pedi cab drivers need not obtain a Utah Driver' s License to operate the vehicles, but must pass the written portion of the driver' s license examination to qualify to operate a Pedi cab; (f) Pedi cab drivers should be required to apply for a Pedi cab driver license every two years instead of every year; and (g) a single group style seatbelt be sufficient versus four individual seatbelts . Substitute Motion: Councilmember Luke moved and Councilmember Rogers seconded to adopt an ordinance enacting Chapter 5 . 63 regarding the regulation of Pedi cabs with the following amendments : (a) Pedi cabs should have a sign located on the body of the cabs that either lists fares or indicates that fares must be agreed on before potential customers enter the cab to start the cab service; (b) Pedi cab drivers not wear earbuds, earphones, or any other device that prevents them from hearing traffic or their customers' requests; (c) Pedi cab drivers wear protective helmets while operating their vehicles; (d) the following sentence - "A Pedi cab business shall provide, concurrent with the execution of this Agreement, a comprehensive general liability insurance policy covering its operation of said Pedi cab for public transportation with minimum limits of $1, 000, 000 per occurrence with a $2, 000, 000 general aggregate" - be replaced with a sentence that reads : "A Pedi cab business shall provide, concurrent with the execution of this Agreement, a comprehensive general liability insurance policy covering its 16 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 operation of said Pedi cab for public transportation with minimum insurance limits established by Utah State laws 51-6a-208 and 13-51-108; (e) potential Pedi cab drivers need not obtain a Utah Driver' s License to operate the vehicles, but must pass the written portion of the driver' s license examination to qualify to operate a Pedi cab and provide a social security number for use in a background check; and (g) adding the allowance of a single group style seatbelt versus the need for four individual seatbelts . Discussion followed regarding annual licensing versus every two years and helmet/driver' s license requirements . Councilmember Luke said the only way to conduct a full background check would be via a driver' s license number. Ms . Plane stated information was provided that a background check could also be facilitated via social security number. Clarification was offered that all standard business licenses require annual licensing. Councilmember Mendenhall called for a roll call vote on the substitute motion, which motion failed 5-2 . Council Members Penfold, Johnston, Kitchen, Mendenhall and Adams voted nay. Council Members Rogers and Luke voted aye. Councilmember Kitchen said he was comfortable with the friendly amendments suggested to adopt the first motion with the additional wording regarding social security number and removal of Item (f) . Discussion followed regarding the removal of "social security number" wording and including provisions to allow for a background check instead. For clarification, Councilmember Kitchen restated his original motion with the changes as noted. Councilmember Kitchen moved and Councilmember Johnston seconded to adopt Ordinance 58 of 2016 enacting Chapter 5 . 63 regarding the regulation of Pedi cabs with the following amendments : (a) Pedi cabs should have a sign located on the body of the cabs that either lists fares or indicates that fares must be agreed on before potential customers enter the cab to start the cab service; (b) Pedi cab drivers not wear earbuds, earphones, or any other device that prevents them from hearing traffic or their customers' requests; (d) the following sentence - "A Pedi cab business shall provide, concurrent with the execution of this Agreement, a comprehensive general liability insurance policy covering its operation of said Pedi cab for public transportation with minimum limits of $1 ,000 ,000 per occurrence with a $2 , 000 , 000 general aggregate" - be replaced with a sentence that reads : "A Pedi cab business shall provide, concurrent with the execution of this Agreement, a comprehensive general liability insurance policy covering its operation of said Pedi cab for public transportation with minimum insurance limits established by Utah State laws 51-6a-208 and 13-51-108 ; (e) potential Pedi cab drivers need 16 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 not obtain a Utah Driver' s License to operate the vehicles, but must pass the written portion of the driver' s license examination to qualify to operate a Pedi cab and other adequate information to facilitate a background check; and (g) a single group style seatbelt would be sufficient versus instead of four individual seatbelts . Councilmember Mendenhall called for a roll call vote on the original motion (as amended and restated) , which motion carried, all members voted aye . (0 16-13) CONSENT 8:19:27 PM Councilmember Penfold moved and Councilmember Rogers seconded to adopt the Consent Agenda, which motion carried, all members voted aye . #1 . Setting the date of Tuesday, September 20, 2016, at 7 : 00 p.m. to hold a public hearing and accept public comment regarding an ordinance closing and vacating a portion of an unnamed, City-owned alley situated between Roberta Street and 300 East Street pursuant to Petition No . PLNPCM2016-00096 . This proposal is related to the expansion of Lincoln Elementary School . The Salt Lake City School District is constructing a new school on the east side of the property. Once the new building is constructed, the original will be demolished and the land developed as open space (Petitioner: Salt Lake City School District) . View Attachments (P 16-28) #2 . Setting the date of Tuesday, September 20, 2016, at 7 : 00 p.m. to hold a public hearing and accept public comment regarding an ordinance amending the zoning of properties located at 1069 South 200 East, 1063, 1064 , 1070 and 1071 South Roberta Street and 1070 and 1110 South 300 East Street from Single-Family Residential (R-1/5,000) District to Public Lands (PL) District and amending the Central Community Master Plan Future Land Use Map pursuant to Petition Nos . PLNPCM2016-00094 and PLNPCM2016-00095 . This proposal is related to the expansion of Lincoln Elementary School . The Salt Lake City School District is constructing a new school on the east side of the property. Once the new building is constructed, the original will be demolished and the land developed as open space (Petitioner: Salt Lake City School District) . View Attachments (P 16-28) #3 . Setting the date of Tuesday, September 20, 2016, at 7 : 00 p.m. to hold a public hearing and accept public comment regarding an ordinance that would amend the zoning of property located at 1117 East South Temple Street from Moderate Density Multi-Family Residential (RMF-35) District to Residential/Mixed Use (R-MU-35) District and amend the Avenues 16 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 Community Master Plan Future Land Use Map pursuant to Petition Nos . PLNPCM2015-00887 and PLNPCM2015-00808 . The proposal would allow the property owner to build a 14-unit apartment building with underground parking. Current zoning would limit construction to two dwellings (Petitioner: Tariq Mughal) . View Attachments (P 16-29) #4 . Approving the appointment of Kim Wirthlin to the Historic Landmark Commission for a term extending through August 1, 2020 . View Attachments (I 16-30) #5 . Approving the appointment of Alexander Huggins to the Art Design Board for a term extending through August 15, 2019 . View Attachments (I 16-27) #6. Approving the appointment of Efren Garcia to the Salt Lake City Arts Council for a term extending through August 15, 2019 . View Attachments (I 16-29) #7 . Approving the appointment of Matthew Castillo to the Salt Lake City Arts Council for a term extending through August 15, 2019 .View Attachments (I 16-29) #8 . Approving the appointment of Anne Dayton to the Salt Lake City Arts Council for a term extending through August 15, 2019 . View Attachments (I 16-29) #9 . Approving the appointment of Jennifer Horne to the Salt Lake City Arts Council for a term extending through August 15, 2019 . View Attachments (I 16-29) The meeting adjourned at 8 : 19 p.m. Council Chair City Recorder 16 - 11 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2016 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 September 6, 2016 . clm 16 - 12