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04/22/2014 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22 , 2014 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, April 22, 2014 at 7 : 00 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Stan Penfold Luke Garrott James Rogers Kyle LaMalfa Charlie Luke Erin Mendenhall Lisa Adams Cindy Gust-Jenson, Executive Council Director; David Everitt, Mayor' s Chief of Staff; Margaret Plane, City Attorney; and Scott Crandall, Deputy City Recorder; were present. Councilmember Luke presided at and Councilmember Rogers conducted the meeting. OPENING CEREMONY #1 . 7:37:07 PM The Pledge of Allegiance was led by Scout Troop 53 . Scout Troop 53 (Council District Six) and Scout Troop 44 (Council District Five) were introduced. #2 . 7:40:25 PM Councilmember Luke moved and Councilmember LaMalfa seconded to approve the minutes of the following Salt Lake City Council meetings , which motion carried, all members voted aye . • March 25, 2014 Formal Minutes View Minutes • March 25 , 2014 Work Session View Minutes • April 8 , 2014 Work Session View Minutes (M 14-3) (M 14-4) PUBLIC HEARINGS #1. 8:06:05 PM Accept public comment and consider adopting an ordinance regarding proposed changes to the City' s size regulations for A-frame signs pursuant to Petition No. PLNPCM2013-00740 . The proposed change would clarify the allowed size to be more compatible with typical A-frame sign manufacturing dimensions. The proposed changes would affect Section 21A. 46. 055 - Temporary Portable Signs. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner - Salt Lake City Council) View Attachments Judi Short spoke in support of the proposal but wanted to see additional signs allowed. 14 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22 , 2014 Councilmember Penfold moved and Councilmember Luke seconded to close the public hearing, which motion carried, all members voted aye. (0 14-6) #2 . 8:08:38 PM Accept public comment and consider adopting an ordinance regarding proposed changes to the City' s sign regulations for the Sugar House Business districts (CSHBD1 and CSHBD2) pursuant to Petition No . PLNPCM2013-00739 . The proposed change would allow one projecting building sign (blade sign) per business located at street level . Currently, only one projecting sign is allowed per street frontage. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner - Salt Lake City Council) View Attachments Judi Short spoke in support of the proposal . Councilmember Penfold moved and Councilmember Luke seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Adams moved and Councilmember Luke seconded to adopt Ordinance 9 of 2014, which motion carried, all members voted aye . (0 14-7) #3. 8:11:20 PM Accept public comment and consider adopting an ordinance amending the City' s regulations for drive-through facilities pursuant to Petition No . PLNPCM2009-00169 . The proposed changes would address service accessibility at drive-through windows for all patrons regardless of their mode of transportation and improve pedestrian access and safety. The proposed changes would affect Section 21A. 40. 060 - Drive-Through Facility Regulations and Title 5 - Business License Requirements, of the City code. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner - Salt Lake City Council) View Attachments 8:11:36 PM Councilmember Garrott introduced the proposal . He said the proposal would be scheduled for discussion at a future Work Session meeting. 8:14:05 PM The following spoke and/or submitted written comments about the proposal : Ryan Corbin, Eric Hitzelberger, Chris Tapia, Melva Sine, Karen Halliday, and Brandi Breeze. A hearing card with no comments was submitted by Pam Haggin. Comments included confusion about what the proposal was meant to accomplish, window robberies, seek input from Police Department, increased risks to pedestrians, cyclists, and service providers, impact on hours of operation/early closures, potential building modifications, increased costs/risks to 14 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22 , 2014 keep dining areas open, decreased community services, safety issues, impact on employees salaries/business revenues, and increased insurance costs or denial . Councilmember LaMalfa moved and Councilmember Garrott seconded to continue the public hearing to a future date, which motion carried, all members voted aye . (0 13-25) #4 . 8:27:32 PM Accept public comment and consider adopting two ordinances that would 1) amend the consolidated fee schedule by adding, eliminating or modifying certain fees, and 2) would clarify impact fee service areas. (Impact fees are charged to developers based on the increased need for public services that results from population growth) . Under the first ordinance, the current Parks charge of $3,999 per unit in a development would be lowered to $2,875 for two years, then back to $3,999. The second ordinance also clarifies that the roadway impact fees will only be collected in the Northwest Quadrant and the Westside Industrial Area. View Attachments The following spoke and/or submitted written comments about the proposal . Tom Checketts, Jason Mathis, Paul Willie, Cindy Cromer, and Bruce Bingham. Comments included excessive park fee increase, impact on development, review how/where revenue was allocated, inaccurate information in Capital Facilities Plan, legally of fees, encourage multi-family/high density housing in downtown, utilize low interest rates for downtown housing, impact on City' s reputation, provide incentives not punishment, seek community input, and unjustified increase . Councilmember Penfold moved and Councilmember Garrott seconded to close the public hearing. Councilmember LaMalfa asked if a follow-up briefing would be scheduled at a future Work Session meeting. Councilmember Luke said no. Councilmember LaMalfa moved and Councilmember Garrott seconded to amend the motion to adopt Ordinance 10 of 2014 and Ordinance 11 of 2014 . A roll call vote was taken, which motion carried. Council Members Adams, Luke, Mendenhall, Garrott, Penfold, LaMalfa, and Rogers voted aye . (T 12-3) (0 11-9) #5 . 8:40:52 PM Accept public comment and consider adopting an ordinance amending the City' s zoning regulations for monument signs 14 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22, 2014 pursuant to Petition No . PLNPCM2013-00197 . The amendment would permit monument signs to be built higher than current regulations allow in areas zoned for light and heavy manufacturing (amending Section 21A. 46. 100 - Signs of Salt Lake City Code) . The amendment would allow signs to reach up to 20 feet instead of the current maximum height of 10 feet. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner - Young Electric Sign Company - Yesco) View Attachments Vince Coley and Jeff Krantz spoke in favor of the proposal . Councilmember Mendenhall moved and Councilmember Garrott seconded to close the public hearing and defer action to a future date, which motion carried, all members voted aye . (0 14-5) #6 . 8:44 :35 PM Accept public comment and consider adopting an ordinance pertaining to certain provisions of Chapter 21A. 36, Salt Lake City Code, pursuant to Petition No . PLNPCM2010-00614 to establish certain recycling and construction waste management requirements in furtherance of the City' s sustainability efforts . Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner - Mayor Ralph Becker) View Attachments Councilmember LaMalfa moved and Councilmember Garrott seconded to close the public hearing and adopt Ordinance 12 of 2014 , which motion carried, all members voted aye . (0 12-13) #7 . 7 :42 :30 PM Accept public comment and consider adopting an ordinance amending the Sugar House Master Plan, amending the zoning ordinance to create the Streetcar Corridor form-based zoning district, and amending the zoning map to establish FB-SC (form-based streetcar core) and FB-SE (form-based streetcar edge) zoning districts pursuant to Petition Nos . PLNPCM2012-00576 and PLNPCM2012-00577 . (Petitioner - Mayor Ralph Becker) View Attachments The following spoke about the proposal : Anna Boller, Joe Mahon, Gerald Mcdonough, Byron Yensen, Kim Hills, Tamisa Burns, Jade DeYoung, Robert Martin, Cabot Nelson, and Russell Kelly. The following submitted written comments only: Jim Asbrand, Aimee Horman, Austin Smith, Shane Smith, Tamerin Smith, Shaunelle Eckman, L.E. Halverson, and Wayne Halverson. Comments included compatibly issues, destroy neighborhood fabric, low-level buffer zone, apartment vacancies, preserve open space, stop commercial encroachment, light pollution, continual tax increases, allow more community input, provide adequate public notice, comparable aesthetics, increased traffic/crime, 14 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22 , 2014 residential properties being dwarfed/blocked views, create viable recreational amenities, and preserve neighborhood stability/integrity. Original Motion: Councilmember Penfold moved and Councilmember Adams seconded to continue the public hearing to a future date. Substitute Motion: Councilmember Garrott moved to close the public hearing and defer action to a future date. The motion died for lack of a second. 8:02:31 PM Councilmember Penfold said modifications were evolving due to public process/input and ongoing administrative discussions and continuing the hearing would allow additional time for the public to respond to potential changes . 8:03:31 PM Councilmember Adams said she agreed with Councilmember Penfold and had been contacted by a number of constituents who still wanted to address the Council . 8:04:03 PM Councilmember Luke said the Council wanted to provide adequate public notice and suggested continuing the hearing on May 20, 2014 . He said a final vote could be held on June 3rd or June 10th. Councilmember Garrott said he wanted to remind the public they could always address the Council during the "Citizen Comment" portion of any Council meeting regardless of whether or not public hearings were scheduled. Councilmember Rogers called for the question on the original motion, which motion carried, all members voted aye. (P 14-5) POTENTIAL ACTION ITEMS #1. 8:45:29 PM Adopt a proposal that would amend the City' s zoning regulations to establish water-efficient landscaping and tree protection regulations in an effort to promote sustainable urban living. (Amending Section 21A.48 , Zoning, Landscaping and Buffers, and Section 21A. 62 , Zoning, Definitions) , Salt Lake City Code, pursuant to Petition No. PLNPCM2010-00322 . View Attachments The proposed changes are designed to: • reduce water consumption through grouping plants with similar watering needs together and ensure efficiencies in the irrigation system design upon installation; and • require the protection of existing trees in the landscaping when designing large projects. Related provisions of Title 21A, Zoning, may also be amended as 14 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22 , 2014 part of this petition. (Petitioner - Mayor Ralph Becker) Councilmember Penfold moved and Councilmember Garrott seconded to adopt Ordinance 13 of 2014, which motion carried, all members voted aye . (0 14-3) #2 . 8:46:28 PM Adopt proposed changes to the City' s Revolving Loan Fund. The proposed changes include: View Attachments • increasing maximum loan amounts; • offering reduced interest rates to borrowers who meet specific criteria (for example - are lower income or disadvantaged, that focus on environmental, human capital and economic returns, and those who highly leverage funds from outside private sources) ; • adjusting the loan committee to include more community members and fewer City employees; • renaming the program the Economic Development Loan Fund; and • improving efficiency and consistency in the approval process. Councilmember Garrott moved and Councilmember LaMalfa seconded to adopt Resolution 6 of 2014, which motion carried, all members voted aye . (R 14-4) COMMENTS TO THE CITY COUNCIL 8:49:07 PM Jihad Al-Ali spoke about not receiving help from police to fight drug dealers and pimps . Chris Brockert, Earl Comstock, George Chapman, Jeff Covington, and Sarah Covington spoke or submitted written comments about Sugar House rezoning. Comments included opposition to proposal, causing residents to relocate, developer/architect benefits, impact on property values, Council elected to represent residents, decision should go to public vote/ballot, unfair process, public notification, and encourage/allow further discussion. Rachael Yensen submitted a hearing card with no comments . UNFINISHED BUSINESS #1 . 8:59:48 PM Approving the appointment of Matt Lyon to the Planning Commission for a term extending through July 1, 2017 . Councilmember Penfold moved and Councilmember LaMalfa seconded to approve the appointment. A roll call vote was taken, which motion 14 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22 , 2014 carried. Council Members Adams, Luke, Mendenhall, Penfold, LaMalfa, and Rogers voted aye. Councilmember Garrott voted nay. (I 14-13) #2 . 9:00:44 PM Approving proposed franchise agreements for the following telecommunications companies: • Syringa Networks , LLC (0 14-8) • TW Telecom of Utah, LLC (0 14-9) • UTOPIA ( The agreement would not make Salt Lake City a participant in the UTOPIA interlocal entity, but would authorize UTOPIA to place fiber in City rights of way in the same manner and under the same conditions as any other third-party telecommunications provider. ) (O 14-10) The agreements would allow the companies to place and maintain their facilities within the City rights-of-way. The companies would be governed by certain conditions, would need to secure appropriate permits and pay the telecommunications tax under state law. Councilmember Penfold moved and Councilmember Luke seconded to adopt Ordinance 14 of 2014 (Syringa Networks) , Ordinance 15 of 2014 (TW Telecom of Utah) , and Ordinance 16 of 2014 (UTOPIA) . 9:01:13 PM Councilmember LaMalfa said future franchise agreements needed to include some form of quality control that would require franchise holders to be pro-active/accountable in providing long- term/high quality maintenance of above-ground telecommunication infrastructure/utility boxes . He said he did not want City residents to be burdened with having to report problems when things went wrong. 9:02:45 PM Discussion was held on creating some legislative intent language to have the Administration look at potential modifications to the City' s zoning ordinance that would address Councilmember LaMalfa' s comments . Councilmember Penfold said he did not want to tie legislative intent to the ordinance and would make a separate motion after the Council voted. Councilmember Rogers called for the question, which motion carried, all members voted aye, except Councilmember Garrott, who voted nay. 9:04:19 PM Councilmember Penfold moved and Councilmember LaMalfa seconded to adopt a legislative intent requesting the Administration explore potential zoning modifications to provide better controls for long-term maintenance issues for above-ground telecommunication infrastructure/utility boxes . (require franchisees to provide pro- 14 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22 , 2014 active maintenance so burden did not fall on City residents) , which motion carried, all members voted aye . (0 14-8) (0 14-9) (0 14-10) CONSENT 9:05:08 PM Councilmember Penfold moved and Councilmember Luke seconded to adopt the Consent Agenda, which motion carried, all members voted aye. #1 . Approving the appointment of Angela H. Brown to the Business Advisory Board for a term extending through December 25, 2017 . (I 14-9) #2 . Approving the appointment of Lindsay Rose Mock to the Housing and Appeals Board for a term extending through December 31, 2018 . (I 14-10) #3 . Approving the appointment of James Guilkey to the Planning Commission for a term extending through July 1, 2015 . (I 14-13) #4 . Setting the date of Tuesday, June 3, 2014 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending the Capitol Park Planned Development Phases 3 and 4 subdivision plats pursuant to Petition Nos . PLNSUB2008-00902 and PLNSUB2009-00445 . Under the proposal, the City would take ownership of Capitol Park Avenue, Penny Parade Drive, Redbrick Court, Charity Cove and Caring Cove, along with all City related water and sewer utilities. The Capitol Park Homeowner's Association currently owns the streets. The proposal would also transfer responsibility for maintenance, snow plowing, garbage pickup, and utility maintenance from the homeowner's association to the City. (Petitioner - Capitol Park Homeowners Association) View Attachments (P 14-8) #5. Setting the date of Tuesday, May 6, 2014 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending the zoning of property located at 289 North Almond Street and close a portion of West Temple pursuant to Petition Nos . PLNPCM2013-00920 and PLNPCM2014-00001 . The proposal would amend the development agreement to reduce the number of units from 34 to 33, and reduce the number of internal parking stalls from 80 to 60 and modify development standards relating to setback and grade change. The proposal would also close the eastern portion of West Temple where it intersects at 300 North. The landscaped island would become part of the development and provide some on-street parking. (Petitioner - Garbett Homes) View Attachments 14 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22 , 2014 (P 14-6) #6 . Setting the date of Tuesday, May 6, 2014 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance closing a City-owned alley located in an area bounded by 900 South and American Avenue and 400 West and a UTA rail corridor pursuant to Petition No. PLNPCM2013-00340 . The alley has not functioned as a public alleyway and has been gated and used for parking and private business access. Under the proposal, the alley would be sold to the applicant at fair market value. (Petitioner - BM&V Enterprises) View Attachments (P 14-7) #7 . Setting the date of Tuesday, May 6, 2014 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending, enacting, and repealing certain ordinances of Salt Lake City Code governing animal control classifications and enforcement processes . (Amending Sections 8 . 04 . 010, 8 . 04 . 020, 8 . 04 . 070, 8 . 04 . 100, 8 . 04 .280, 8 . 04 . 320, 8 . 04 . 340, 8 . 04 . 370, 8 . 04 . 390, 8 . 04 . 400, 8 . 04 . 420, 8 . 08 . 050 and 8 . 12 . 020; enacting Chapter 8 . 15 and Sections 8 . 04 . 125 and 8 . 04 . 405; and repealing Sections 8 . 04 . 180, 8 . 04 . 220, 8 . 04 . 500, 8 . 04 . 510, 8 . 04 . 520, 8 . 04 . 521, and 8 . 10 . 100 . ) View Attachments The proposal would: • establish written standards and criteria that would be used to classify animals as dangerous or vicious; • require owners of dangerous animals to have a permit and a containment agreement; • prohibit animals that are defined as vicious to be kept by owners. • allow Animal Services to seize animals when out of compliance with City ordinance without a warrant and a court order; • change the approach to the hearing and appeals process. The proposal would offer individuals the option to receive a notice of violation in lieu of a criminal citation as long as stipulations are met; • require vicious animals to be impounded and their owners notified. The animal would be held for 10 days following notification of the owner and euthanized or otherwise processed by animal services, unless the owner initiates an appeal to change the vicious dog classification; • add restrictions to tethering a dog to avoid injury and restriction of movement and implement a tethering time of no longer than 10 hours within a 24 hour period; and • implement an enforcement model based on County Code that would give Animal Services the discretion to issue a criminal citation to any person who receives a notice of violation. Implementation 14 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, APRIL 22 , 2014 of an enforcement model based on County Code would eliminate Section 8. 04. 521 of Salt Lake City Code, Appendix A which would result in City residents being subject to the County's higher penalty fees. (0 14-11) #8 . Setting the date of Tuesday, May 20 , 2014 and Tuesday, June 3 , 2014 at 7 : 00 p.m. to accept public comment regarding an ordinance adopting the final budget and related ordinances and the employment staffing document for Salt Lake City, Utah for Fiscal Year 2014-2015 . (Note : This public hearing will address all ordinances associated with the implementation of the City' s 2014-2015 Budget including the Library Fund) . (B 14-1) (B 14-2) The meeting adjourned at 9 : 05 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 April 22, 2014 . sc 14 - 10