12/13/2016 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, DECEMBER 13 , 2016
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, December 13, 2016 at 7 : 05 p.m. in Room 315, Council Chambers,
City County Building, 451 South State .
The following Council Members were present:
Charlie Luke Andrew Johnston James Rogers
Erin Mendenhall Stan Penfold Lisa Adams
Derek Kitchen
Cindy Gust-Jenson, Executive Council Director; Russell Weeks,
Council Senior Policy Analyst; Margaret Plane, City Attorney; Patrick
Leary, Mayor' s Chief of Staff; David Litvack, Mayor' s Deputy Chief of
Staff; and Scott Crandall, Deputy City Recorder; were present.
Councilmember Rogers presided at and conducted the meeting.
OPENING CEREMONY
#1 . 7:05:31 PM The Pledge of Allegiance was led by Scout Troop 3038 .
#2 . 7:08:26 PM Welcome/Review of Standards of Conduct.
#3 . 7:09:54 PM Recognition of outgoing City Council Chair James
Rogers .
Council Members thanked Councilmember Rogers for his outstanding
leadership/accomplishments and presented him with a gift.
PUBLIC HEARINGS
#1 . 7 :21:39 PM Accept public comment and consider an ordinance
amending the zoning map pertaining to properties located at 644 , 652 ,
658 , and 664 East 600 South Street; 628 South 700 East Street; and 665
East Ely Place to rezone those parcels from RMF-30, RMF-45 and SR-3
respectively to FB-UN2 Form Based Urban Neighborhood District pursuant
to Petition No. PLNPCM2016-00031 . The applicant intends to develop the
site as a mixed-use (residential and commercial) development. Although
the applicant has requested that the property be rezoned to Form Based
Urban Neighborhood District, consideration may be given to rezoning the
properties to another zoning district with similar characteristics
(Petitioner - Trolley Square Ventures LLC. ) . View Attachment
Leslie Trubetzkey, Jack Davis, Nancy Barrickman, Cindi Cromer, Judi
Short, Lynn Pershing, James Miska, Elizabeth Totterer, Jessica Love, and
Willy Nevins spoke and/or submitted written comments in opposition of
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the proposal . M.G. , Bradley Derrera, Bryan Goo, Brandan Goo, and Skyker
Chubak submitted hearing cards (written comments only) in opposition.
Comments included historic preservation, property restrictions, create
viable open space, avoid development agreements, better public
notification/public process, distorted/inefficient process, concentrate
on urban infill, impact on adjacent properties, balance development with
neighborhood characteristics, preference given to a single petitioner,
unintended consequences, setback/stepback/height requirements, too many
developers requesting zoning exceptions, more deliberation needed before
approving developments, deny approval until FB-UN2 zone was revised,
find innovative solutions, incompatible mass/scale design, development
agreements not enforced by City, and development agreement would set
dangerous precedent for other historic districts .
Allen Roberts , Michael De Groote, Douglas White, Mandy McKenna,
Cassidy Rice, Scott Howell, Khosrow Semnani, Jim Webster, and Sean
Shoemaker spoke and/or submitted written comments in support of the
proposal . Roberto Hernandez submitted a hearing card (written comments
only) in support . Comments included revised plans, preserve historical
legacy, 1888 Utah Territorial Fairground, cultural center, utilize
development agreements, improve blighted area, legal non-conforming
residential housing, proposal received prior approval, development would
deter criminal activity, quality of life issues, development would drive
economic development/jobs, continue public input, development agreement
enforcement, and avoid double standards when considering developments .
Councilmember Penfold moved and Councilmember Adams seconded to
close the public hearing, which motion carried, all members voted aye.
(P 16-20)
#2 . 7 :57 :25 PM Accept public comment and consider adopting an
ordinance amending the final budget of Salt Lake City, including the
employment staffing document for Fiscal Year 2016-2017 . Under the
proposal, the budget for the Salt Lake City International Airport
Terminal Redevelopment Program (TRP) would increase to accommodate
higher-than-expected construction bids. Budget amendments happen several
times each year to reflect adjustments to the City's budgets, including
proposed project additions and modifications. (Budget Amendment No. 3)
View Attachment
Councilmember Luke moved and Councilmember Kitchen seconded to
close the public hearing and adopt Ordinance 77 of 2016 amending the
final budget of Salt Lake City for fiscal year 2016-2017 as it pertains
to the Airport Fund AND further moved that the Council expressed its
intent to work with the Administration to conduct a complete audit of
Airport Terminal Redevelopment Project' s prime and subcontractors
contracted to assure they are in full compliance with Salt Lake City
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Code 3.24 . 115, and that the Airport is fully implementing the ordinance,
which motion carried, all members voted aye .
(B 16-12)
#3 . 7 :58 :26 PM Accept public comment on State of Utah, 2016
Application for DUI Enforcement Equipment Grant. Purpose/Goal of the
Grant : If approved, the funds will purchase communication kits for its
Motor Squad officers which will assist with DUI enforcement. Grant
Amount: $14,223. Requested by: Salt Lake City Police Department Match
Requirement: None. Funding Agency: State of Utah. View Attachment
Councilmember Penfold moved and Councilmember Adams seconded to
close the public hearing, which motion carried, all members voted aye .
(B 16-4)
POTENTIAL ACTION ITEMS
#1 . 7 :58 :58 PM Adopting an ordinance amending the final budget of
Salt Lake City, including the employment staffing document, for Fiscal
Year 2016-2017 . Under the proposal, funding would be allocated for
several items.
Highlights include:
• funding for Police fleet purchases;
• funding for Police de-escalation training and community-oriented
policing;
• funding for pickleball courts;
• Department of Economic Development work plan;
• and other budget amendment items. View Attachment
Councilmember Penfold moved and Councilmember Mendenhall seconded
to adopt Ordinance 78 of 2016 amending the Final Budget of Salt Lake
City, including the employment staffing document, for Fiscal Year 2016-
2017 , with the following changes and/or conditions :
• Use Parks Impact Fee money for Items A-4 , I-10 , and I-11 once the
new Impact Fee Facilities Plan is adopted.
• Use Transportation Impact Fee money for Item A-27 once the new
Impact Fee Facilities Plan is adopted.
• An additional $500 ,000 from General Fund balance be allocated to
Item A-30, for the Fleet Fund to purchase additional Police
Vehicles .
• That Items A-10 through A-13 relating to the Economic Development
Department, are approved on the condition that funds not be expended
until the City Council receives written assurance from the Mayor
that the lead Redevelopment Agency (RDA) position, regardless of
title, be subject to advice and consent of the City Council, in
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keeping with the ordinance adopted by the Council designating the
RDA as a City Department.
• Appropriate $200 ,000 from General Fund balance to the Non-
Departmental budget for the purpose of temporarily moving homeless
population indoors in a severe weather event. This money would be
reimbursed to The Road Home based on providing indoor space to
homeless individuals in severe weather events .
• That Council added Item I-5 include three Full Time Employees (FTEs)
to preserve flexibility, with the specific intent that one be held
vacant until further Council discussion.
• This motion includes all of the remaining budget amendment items,
with the exception of Item A-1 for the Arts Council budget, which
we understand additional information is forthcoming, a new item for
Operation Diversion funding, and other items as needed for follow-
up, AND further moved that the Council hold open this Budget
Amendment in order to have a follow-up briefing on January 3, 2017
regarding the Arts Council budget, Operation Diversion funding, and
other items as needed for follow-up, which motion carried, all
members voted aye .
8: 01:54 PM Councilmember Mendenhall said she thought it was important
to reiterate that $200, 000 was being allocated to provide additional
homeless shelter space during severe wet/cold weather events .
(B 16-10)
#2 . 8: 03:22 PM Adopt an ordinance adopting the Impact Fee Facilities
Plan (IFFP) recommended by the Mayor. The draft plan identifies new
impact fee pricing, identifies the level of services (fire, parks,
police, and transportation) that residents can expect, and more.
Interested groups, including people in the development community, will
have a chance to review the plan and provide input before a final plan
is adopted by the Council . View Attachment
Councilmember Penfold moved and Councilmember Kitchen seconded to
adopt Ordinance 79 of 2016 amending certain sections of Chapter 18 . 98 of
the Salt Lake City Code relating to impact fees, adopting an Impact Fee
Facilities Plan, and providing for corresponding changes to the Salt
Lake City Consolidated Fee Schedule AND further moved to adopt a
Legislative Action requesting that, in 2017 , the Administration initiate
and transmit a supplemental study amending the Impact Fee Facilities
Plan with costs necessary to maintain levels of service as a result of
projected growth in the Northwest Quadrant. The Council will not spend
impact fees in the Northwest Quadrant until the Impact Fee Facilities
Plan is amended, which motion carried, all members voted aye .
(T 12-3)
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QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 8:04: 48 PM
Councilmember Mendenhall said she wanted to extend the Council' s
sympathy to the Mayor as she dealt with her ailing father. Councilmember
Kitchen said he agreed with Councilmember Mendenhall . He said it was
unfortunate the Mayor was not available to show solidarity as the City
moved forward with the homeless facilities resolution.
COMMENTS TO THE CITY COUNCIL 8: 06: 11 PM
Douglas Cotant spoke about police officers being killed in the line
of duty and thought officers could be protected by completely bullet
proofing or armor plating police vehicles .
Bernard Hart spoke about issues relating to new homeless resource
centers . He said people were blindsided by the news that the Road Home
would be closed. He said that information would impact how people felt
about the entire process and create more concern about how resource
centers would function in City neighborhoods .
Margo Brady spoke about a large Google Fiber box being constructed
in the easement associated with her property at 2200 East 2240 South.
She express concern about the lack of proper public notification and
information about utility installations .
Chris Sveiven spoke about a homeless shelter being built at the end
of his street in Sugarhouse . He expressed concern that information about
the proposal was not distributed and more readily available . He said he
did not understand how that location was chosen or made sense especially
since a day-care and other businesses would be shut down to accommodate
the shelter. He said he put his life' s savings into a new home which he
felt was now worthless and expressed concerns about the safety of his
wife and 18-month old child. He asked the Council to reconsider the
impact these facilities would have on residential neighborhoods .
George Chapman spoke about the rezoning proposal at 3120 South
Richmond Street. He said this was a very dangerous intersection which
needed to be improved. He encouraged the Council to install intersection
improvements, traffic lights, or something else to make the area safer
before approving the project. He said the Council also needed to be aware
about a potential problem relating to the Airport Trax line since the
Utah Transit Authority (UTA) said they were not obligated to complete
the line and did not have funding.
John Wadlow spoke about homeless shelters . He said at one time he
was homeless and through the help of social workers he was able to become
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the CEO of a business . He said there were a lot of veterans and others
that needed help and wanted the Council to consider more social worker
funding.
NEW BUSINESS
#1 . 8: 19: 47 PM Approve the appointment of Mary Beth Thompson as
Director of the Salt Lake City Finance Department. View Attachment
Councilmember Penfold moved and Councilmember Luke seconded to
suspend the rules and approve the appointment, which motion carried, all
members voted aye .
Councilmember Rogers said he was excited about the appointment and
thought Ms . Thompson would represent the City well .
(I 16-36)
#2 . 8 :20:32 PM Adopt a joint resolution with Mayor Biskupski regarding
Homeless Resource Centers in Salt Lake City. View Attachment
Councilmember Rogers said he thought the question before the Council
was whether or not to adopt the joint resolution without the Mayor being
present . He asked if Staff had an update for Council . Mr . Weeks said the
following two paragraphs were added to the resolution given to Council
on Friday, December 9, 2016 :
• Page 1 : "WHEREAS, the City Council and the Mayor recognize the
importance of ensuring that the population served by each homeless
resource center will be compatible with the surrounding communities
and neighborhoods; and"
• Page 3 - No. 6 . "That the City will collaborate with the Salt Lake
City Redevelopment Agency and Shelter the Homeless Committee, Inc. ,
to execute the agreed upon exchange, for fair value and after
appraisal, of the property at 210 South Rio Grande Street owned by
Shelter the Homeless Committee, Inc. , for the property at 648 West
100 South Street owned by the Redevelopment Agency. This exchange
will be completed once a new resource center is constructed on the
property at 648 West and 100 South Street and after all four
shelters are fully operational" .
Councilmember Rogers asked if any other changes were made to the
resolution. Mr . Weeks said no .
8:23: 14 PM Councilmember Adams expressed concern regarding Item No .
6 because earlier today it was reported that a vote taken by the Shelter
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the Homeless Committee (SHC) was non-binding and asked if that was
accurate . Mr. Litvack said the SHC Board voted to support the land
exchange agreement which the Administration was currently working on.
Councilmember Adams asked if that was binding on them. Mr. Litvack said
yes .
Councilmember Adams said she had concerns about Simpson Avenue
because residential properties were involved. She said she reluctantly
agreed to support that location with the understanding the site would be
designated as a place for families or single parents with children. She
said she intended to hold the Administration to that and if there was a
change in direction, she would not feel good about supporting that.
8:24 :57 PM Councilmember Mendenhall said she appreciated working in
collaboration with the Administration to site new homeless resource
centers in Salt Lake. She said this was a significant achievement but
was just the beginning of the real work being undertaken. She said she
was committed to ensure that every possible mitigation to reduce the
impact on communities and promote the success of the individuals being
served, was taken, considered, and implemented as much as possible with
the County and other stakeholders .
Councilmember Mendenhall said this was a non-binding resolution
which identified the four new sites and contained a commitment to retire
the Road Home Shelter when construction was completed on the new sites .
She said she opposed the Simpson Avenue site which would require
significant mitigation and would vote against the resolution. She said
she also felt it was premature to determine the Road Home Shelter closure
and thought the Mayor should be in attendance when the resolution was
considered.
8:28:34 PM Councilmember Johnston said he fully endorsed the intent
to mitigate problems with the new sites and felt open discussion was
needed to clearly define sub-populations, identify potential
problems/impact with each sub-population, where they should be assigned,
and how locations/facilities would run. He said he really appreciated
the Mayor flying back, given the personal issues she was dealing with,
to take the lead role on the press conference and asked her Staff to
please pass that on.
Councilmember Johnston said he was comfortable waiting to address
the resolution until the Mayor could be in attendance if that was the
Council' s will . He said the current situation was untenable and felt the
intent was to move forward as a group to find workable solutions for
everyone involved. He said this was the beginning of a long community
process and thanked those in attendance for their important comments .
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8:31:47 PM Councilmember Rogers said he felt it was in the Council' s
best interest to wait until the Mayor was available for input/discussion,
before moving forward with the resolution. He said he would leave the
decision up to the entire Council and asked if anyone wanted to propose
a motion.
Councilmember Penfold moved and Councilmember Johnston seconded to
table the resolution to a future date, which motion carried, all members
voted aye, except Council Members Mendenhall and Penfold, who voted nay.
(0 16-16)
UNFINISHED BUSINESS
#1 . 8:33: 02 PM Adopt a resolution authorizing not-more-than
$9,000 ,000 General Obligation Refunding Bonds ; delegating authority to
certain officials and officers of the City; and providing for related
matters . View Attachment
Councilmember Penfold moved and Councilmember Luke seconded to
adopt Resolution 39 of 2016, which motion carried, all members voted
aye .
(Q 16-4)
#2 . 8:33:36 PM Adopt a resolution relating to Airport Revenue Bonds
Series 2017A and 2017B for the following:
• Authorizing up to $1 billion of airport revenue bonds to
finance capital improvements to the Salt Lake City
International Airport;
• Authorizing a master trust indenture and a first supplemental
trust indenture;
• Authorizing certain officials and officers to approve the
final terms and provision of the bonds within the parameters
in the resolution;
• Providing for the publication of notice of a January 3, 2017,
public hearing to receive comment from the public with respect
to the issuance of the bonds, and the potential economic impact
the capital improvements will have on the private sector;
• Providing for the running of a contest period; and
• Authorizing all other necessary actions . View Attachment
Councilmember Luke moved and Councilmember Penfold seconded to
adopt Resolution 40 of 2016, which motion carried, all members voted
aye .
(Q 16-5)
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#3 . 8:34 :39 PM Adopt an ordinance to rezone property at 3120 South
Richmond Street from RO-Residential/Office, to CB-Community Business,
and amend the Master Plan from "High-Intensity Mixed Use" to "Low-
Intensity Mixed Use. " Pursuant to Petition No . PLNPCM2016-00073 and
Petition No . PLNPCM2016-00074 . The Planning Commission forwarded a
negative recommendation to the Council for this petition (Petitioner-
Allen Pour Sohrab Family Trust) . View Attachment
Councilmember Adams moved and Councilmember Johnston seconded to
adopt Ordinance 80 of 2016 amending the zoning of property located at
3120 South Richmond Street from RO-Residential/Office to R-MU-
45/Residential Mixed Use, which motion carried, all members voted aye,
except Councilmember Mendenhall, who voted nay.
(P 16-25)
CONSENT AGENDA 8 : 3 5 :3 6 PM
Councilmember Penfold moved and Councilmember Luke seconded to
adopt the Consent Agenda, which motion carried, all members voted aye .
#1 . Setting the public hearing date of Tuesday, January 3, 2017 at
7 : 00 p.m. to accept public comment on a public benefits analysis of the
nonmonetary assistance the City provides to the Utah Clean Cities
Coalition (UCCC) . An organization that promotes the use of alternative
fuels, among other efforts. The City provides assistance in the form of
office space, support and parking for the UCCC Coordinator that is valued
at approximately $13, 700. In exchange, UCCC provides the City with a
membership valued at $10, 000. The report recommends the City maintain
its relationship with the UCCC. View Attachment
(R 16-15)
#2 . Setting the public hearing date of Tuesday, January 3, 2017 , at
7 : 00 p.m. to accept public comment and consider an ordinance amending
the zoning map pertaining to a parcel located at 1975 Fortune Road to
rezone the parcel from M-1 Light Manufacturing District to M-2 Heavy
Manufacturing District pursuant to Petition No . PLNPCM2015-00128 . The
proposal would allow Thatcher Chemical to reconfigure and improve their
loading dock facilities (Petitioner: Craig Thatcher) View Attachment
(P 16-32)
#3 . Setting the public hearing date of Tuesday, January 3, 2017 , at
7 : 00 p.m. to accept public comment and consider a resolution approving
the Cultural Core Action Plan - approving budget committee 's
recommendation to expend certain cultural core funds to implement the
recommendations of the cultural core action plan. View Attachment
(T 15-6)
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The meeting adjourned at 8 : 36 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 December 13, 2016 .
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