07/12/2016 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, JULY 12 , 2016
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, July 12, 2016 at 7 : 08 p.m. in Room 315, Council Chambers,
City County Building, 451 South State .
The following Council Members were present:
Stan Penfold Derek Kitchen Lisa Adams
Andrew Johnston Erin Mendenhall James Rogers
The following Councilmember was absent:
Charlie Luke
Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno,
Council Executive Deputy Director; Jacqueline M. Biskupski, Mayor;
Patrick Leary, Mayor' s Chief of Staff; David Litvack, Mayor' s Deputy
Chief of Staff; Katherine Potter, Mayor' s Senior Advisor; Margaret
Plane, City Attorney; and Scott Crandall, Deputy City Recorder; were
present.
Councilmember Rogers presided at and Councilmember Penfold
conducted the meeting.
OPENING CEREMONY
#1 . 7:08:19 PM Pledge of Allegiance .
#2 . 7:09:02 PM Welcome and Review of Standards of Conduct.
#3 . 7:10:04 PM Councilmember Rogers moved and Councilmember
Mendenhall seconded to approve the minutes from the following Council
Formal and Work Session meetings, which motion carried, all members
present voted aye .
• May 17 , 2016 Work Session
• May 24 , 2016 Work Session
• June 7 , 2016 Work Session
• June 14 , 2016 Work Session
• May 24 , 2016 Formal Meeting
• June 7 , 2016 Formal Meeting
• June 14 , 2016 Formal Meeting
(M 16-4) (M 16-3)
PUBLIC HEARINGS
#1 . 7:11:06 PM Accept public comment and consider adopting an
ordinance adopting the Northwest Quadrant Master Plan. The proposed
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Master Plan details the vision, goals, and policies guiding growth and
development within the Northwest (NW) Quadrant. The NW Quadrant is
generally located west of the Salt Lake International Airport and
Interstate-215 and North of SR-201 or 2100 South to the western and
northern boundaries of the City. The NW Quadrant contains most of the
City's current industrial areas as well as a large amount of
undeveloped land that is adjacent to environmentally-sensitive lands.
View Attachment
Jan Striefel, Michael Hughes , Amy Defreese, Tom Hicks, and Dave
Iltis spoke and/or submitted written comments about the proposal .
Comments included stronger language for eco/industrial concept,
economic viability concerns, development guidelines, natural
hazards/unstable soils, rail freight service, change zoning to allow
heavier industrial uses, prison relocation issues, limit development
north of Interstate 80 (I-80) to protect wetlands/migratory bird
refuge, create buffer zone, variance for ten (10) twenty-acre parks
for blue collar workers, and add bike amenities/routes .
Wayne Martinson was not allowed to speak since he spoke at the
previous public hearing. He was invited to submit written comments or
speak during Citizen Comments .
Councilmember Rogers moved and Councilmember Kitchen seconded to
close the public hearing and defer action to a future meeting, which
motion carried, all members present voted aye .
(T 11-2)
#2 . 7:23:19 PM Accept public comment and consider adopting an
ordinance amending the Zoning Map to establish the Yalecrest-Harvard
Heights Local Historic District for properties located on Harvard
Avenue between 1300 East and 1500 East pursuant to Petition No .
PLNHLC2015-00032 (Petitioners - Amy and Cory Reid) . View Attachment
Lynn Pershing, Kirk Huffaker, and Kelly Marinan spoke about the
proposal . Vena Childs , Kim Childs, and Kelly White submitted hearing
cards only. Comments included support for proposal, comprehensive
recognition of historic values, and historic property preservation.
Kate Lahey and Michael Lahey submitted written comments in
support of the proposal .
Councilmember Rogers 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 16-19)
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#3 . 7:28:09 PM Accept public comment and consider adopting an
ordinance amending the zoning map pertaining to several parcels
located at approximately 1932 North 2200 West Street to rezone those
parcels from Agricultural (AG-2) to Business Park (BP) pursuant to
Petition No . PLNPCM2016-00007 . The parcels total 18. 39 acres, and
neighboring properties currently have BP zoning. Although the
applicant has requested that the properties be zoned to BP Business
Park, consideration may be given to rezoning the properties to another
zoning district with similar characteristics (Petitioner - Jeff
Beck) .View Attachment
Dave Iltis commented on environmental impact, noise mitigation,
increased traffic, disruption of quiet neighborhood, and cycling
interests . He asked the Council to reject the proposal .
Councilmember Mendenhall moved and Councilmember Adams seconded
to close the public hearing and defer action to a future meeting.
7:30:21 PM Councilmember Rogers said he was familiar with the
issues and thought Council needed to consider at a legislative intent
to address future development and other issues associated with the
proposal . He said other properties in the area also needed to be
reviewed. Councilmember Penfold asked if Councilmember Rogers wanted
to include intent language when formal action was taken on the
proposal . Councilmember Rogers said yes .
Councilmember Penfold called for the question, which motion
carried, all members present voted aye .
(P 16-18)
#4 . 7:31:35 PM Accept public comment and consider adopting 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 to Form Based Urban Neighborhood District (FB-UN2)
pursuant to Petition No. PLNPCM2016-00031 . The applicant intends to
develop the site as a mixed-use (residential/commercial) development.
Currently, there is no specific development proposed associated with
this map amendment request. 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
Judi Short, Jack Davis , Cindy Cromer, Nicholes Rupp, Bill Davis,
Adam Mansfield, Michael Iverson, Stuart Clason, Kirk Huffaker, Khosrow
Semnani, Sean Shoemaker, Luke Garrott, Scott Howell, and Doug White
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spoke about the proposal . Warren Lloyd, Lynn Pershing, and Kelly White
submitted hearing cards only. Comments included historic preservation,
impact on residential properties, setback/stepback requirements,
mixed-use projects, preserve neighborhood characteristics, mass/scale
of buildings, analyze permitted uses not compatible with area, parking
issues, master plan inconsistencies, consider alternative mixed-use
zones, encourage compatible housing, proposal located in historic
district, revitalize Trolley Square, high density, affordable housing
priority, noticing/public engagement issues, notification violations,
property rights ombudsman, planning policies, more review needed on
Form Based zoning, reconsider approval, pay attention to scale/edges,
create good public policy, and potential for development agreement.
7 :57:53 PM Councilmember Kitchen said this was an ongoing
conversation/effort and understood Planning was in the process of
making appropriate adjustments that should work better for the
community at large . He said he felt good about the progress being made
on Form Based issues and appreciated the developer' s willingness to
work on a development agreement to ensure a housing component was
included as part of the project.
Councilmember Kitchen moved and Councilmember Mendenhall seconded
to continue the public hearing to a future meeting.
7 :58:48 PM Discussion was held on whether intent language was
needed to allow pursuit of a development agreement while discussions
continued about the proposal . Ms . Gust-Jenson said working on
development agreements was a normal part of the Administrative process
so Council could proceed with/or without intent language.
Councilmember Penfold said even if intent language was not included,
he felt there was Council support to instruct Staff to move forward
with the agreement.
Councilmember Penfold called for the question, which motion
carried, all members present voted aye .
(P 16-20)
7 :59:48 PM Accept public comment on the following Grant Application
Submissions (Items 5-8 will be heard as one public hearing) .
#5 . 2016 Justice Assistance Grant Program (JAG) , Edward Byrne
Memorial - Purpose/Goal of the Grant: To provide funding for unmet law
enforcement needs, including the purchase of proposed equipment and
technology, sworn and civilian training, organized enforcement, and
community overtime projects. In addition, funding will be used for
youth programs to encourage alternatives to crime through Salt Lake
Peer Court, Kearns Youth Citizen's Academy, and Sergeant Siren mascot.
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View Application
#6 . Fix the Bricks Reimbursement Project (PDM) Pre-disaster
Mitigation - Purpose/Goal of the Grant: Note: This is a new program -
the City is not performing this function now. The City has applied for
a sub application to the State's application for Pre-disaster
Mitigation Grant Program. If awarded, the funding will be used to
reimburse city residents when they include seismic improvements on a
home remodel or roof replacement on an unreinforced masonry (URM)
structure. The City requested funding to perform seismic improvements
on fifty homes. Residents with qualified projects may receive a 75%
reimbursement towards the cost of seismic improvements. View
Application
#7 . 300 North Pedestrian/Bicycle Overpass (Wasatch Front
Regional Council (WFRC) /STP Grant) Purpose/Goal of the Grant: If
approved, funding would be used for the design and construction of a
pedestrian and bicycle overpass crossing of the five Union Pacific
Rail Road rail lines at the 300 North and 700 West intersection. View
Application
David Hollins and Dave Iltis spoke about the proposal . Comments
included dangerous location, train related injuries, safe passageway
for cyclists/pedestrians, inadequate bike infrastructure on 300/400
West, access to mass transit, complete bicycle network, and develop
comprehensive plan for surrounding area.
#8. Utah Sexual Assault Kit Initiative Grant (SAKI) -
Purpose/Goal of the Grant: The Governor's Commission on Criminal and
Juvenile Justice (CCJJ) received a $2 million Dept. of Justice grant
to improve processing of sexual assault evidence collection kits. If
approved, the Administration proposes to use the funding as follows:
Sexual assault training and travel for investigative purposes, Year 1;
Sexual assault training and travel for investigative purposes, Year 2;
Printed reference information and training materials; DNA testing for
urgent sexual assault kits; Overtime for urgent sexual assault case
investigation and follow up. View Application
Councilmember Rogers moved and Councilmember Johnston seconded to
suspend the rules and adopt Items 5-8, which motion carried, all
members present voted aye.
(B 16-4)
POTENTIAL ACTION ITEMS:
#1 . 8:05:02 PM Adopting an ordinance closing and vacating a
portion of West Capitol Street adjacent to properties located at
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approximately 686 and 690 North West Capitol Street pursuant to
Petition No. PLNPCM2015-00438 . Under the proposal, a portion of the
street would be closed and sold to adjacent property owners in
conjunction with a development that will include seven twin homes (14
units) . The remaining portion of West Capitol Hill Street would
continue to be used as a public, through street (Petitioner - Uterra
Real Estate) . View Attachment
Councilmember Kitchen moved and Councilmember Johnston seconded
to adopt an ordinance closing and vacating a portion of West Capitol
Street adjacent to properties located at approximately 686 and 690
North West Capitol Street with the following amendments :
• Any retaining wall constructed along the east side of West
Capitol Street in conjunction with the proposed subdivision
called Victory Road Twinhomes shall be setback a minimum of two
feet from the edge of the public right-of-way. The two foot area
between the right of way and the retaining wall shall be
landscaped, maintained and water for plantings provided by the
property owners of the land in which the landscaping is planted.
• The subdivider of Victory Road Twinhomes shall ensure that
plantings are provided along the top of all retaining walls along
the east side of West Capitol Street. The subdivider shall ensure
that water is provided to the plantings and the property owners
of the land on which the plantings are located maintain the
landscaping.
8:06:23 PM Discussion was held about resident' s concerns regarding
the proposal . Councilmember Penfold said this was a very narrow street
and abandoning the right-of-way would require additional pavement to
widen the street as part of the subdivision proposal . He said other
concerns included whether or not to approve the subdivision, increased
traffic due to 14 additional homes being proposed, no planting area on
the east side of the street, potential impact of a tall retaining wall
which had to be installed, and challenges of getting large vehicles
(garbage trucks and snowplows) in and out of the area .
Councilmember Penfold called for a roll call vote . Council
Members Rogers, Johnston, and Kitchen voted aye . Council Members
Mendenhall, Adams, and Penfold voted nay. Councilmember Penfold said
the motion failed due to a tie vote.
Ms . Plane said procedurally it would be helpful for Council to
clarify intent about the proposal . Ms . Gust-Jenson said this was a
strategy consideration on the Council' s part but having the issue die
tonight meant an entirely new process would be required.
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Councilmember Penfold said if a Councilmember wanted to recall
the vote, the Council could send this back to the Planning Department
for modifications .
Councilmember Mendenhall moved and Councilmember Adams seconded
to reconsider the original motion, which motion carried, all members
present voted aye, except Councilmember Kitchen, who voted nay.
Councilmember Mendenhall moved and Councilmember Adams seconded
to send the proposal back to the Planning Division for consideration
of alternate modifications , which motion carried, all members present
voted aye .
(P 16-15)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 8:13:29 PM
Councilmember Mendenhall said the impact fee moratorium put in
place last year would expire soon and asked the Mayor for an update.
Mayor Biskupski said she just received a briefing on the consultant' s
initial findings and gave them some questions to work on before
presenting information to the Council in the next few weeks .
COMMENTS TO THE CITY COUNCIL 8:14:52 PM
Douglas Cotant spoke/submitted written comments regarding
shooting incidents in Dallas, Texas and other cities .
Dave Iltis spoke about increasing cycling budgets, additional
bike lanes, completing bicycle/pedestrian master plan, and the
resolution about renewable energy/carbon emission reduction goals .
NEW BUSINESS
#1 . 8:19:58 PM Consider approving the appointment of Vicki Bennett
as Salt Lake City Sustainability Department Director. View Attachment
Councilmember Rogers moved and Councilmember Kitchen seconded to
suspend the rules and approve the appointment, which motion carried,
all members present voted aye.
(I 16-22)
#2 . 8:20:45 PM Consider approving the appointment of Greg Daly as
the Information and Management Services (IMS) Department Director.
View Attachment
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Councilmember Rogers moved and Councilmember Kitchen seconded to
suspend the rules and approve the appointment, which motion carried,
all members present voted aye .
(I 16-23)
#3 . 8:21:19 PM Adopting a joint resolution with the Mayor updating
the City' s goals for increasing the use of renewable energy, reducing
the carbon footprint and better addressing climate change. View
Attachment
The resolution was read by Councilmember Mendenhall .
Councilmember Mendenhall moved and Councilmember Rogers seconded
to adopt Resolution 22 of 2016, which motion carried, all members
present voted aye .
(R 16-8)
#4 . 8:32:35 PM Adopting a resolution authorizing the approval of
the first amendment to the operating agreement for the Utah Performing
Arts Center (UPAC) (Eccles Theater) . The proposed changes include
additional funding for site preparation and establishes the County
Center For the Arts as the operator for the entire building,
incorporating the UPAC Site as well as the UPAC Building. View
Attachment
Note : This item was conducted by Councilmember Rogers .
Councilmember Penfold said the Council was unable to discuss this
item during the Work Session due to time constraints . Ms . Potter
briefed the Council with attachments . Councilmember Penfold said he
raised concerns during the Redevelopment Agency (RDA) meeting about
the likelihood of the UPAC Site running a deficit . Ms . Potter said
many of the terms of the existing UPAC Building operating agreement
would extend to the proposed amendment which included a termination
clause to address a serious material breach. She said she was not
aware of that provision during the RDA meeting.
Councilmember Penfold asked what constituted a serious material
breach. Ms . Potter said it was up to the attorneys to determine that
but felt a significant deficit would be considered a serious breach.
She said although the UPAC Site would likely experience a frequent
deficit, that deficit would largely be determined by the types of non-
revenue generating programming directed by the Utah Performing Arts
Center Agency "UPACA" Board/owner entities and how much risk they were
willing to take. She said the amendment contained clear language
giving review/approval authority for annual budgets, performance
goals, and associated performance measures to the City, RDA, and
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County representatives who were part of UPACA. She said she thought,
in the absence of UPACA direction, the operator would likely error on
the side of conservative programming rather than doing something that
would cause a loss of income .
Mayor Biskupski said she thought it would be helpful to have the
budget presented to the entire Council for review so everyone had
first hand information and suggested taking that recommendation back
to the County Council for their support.
Ms . Potter said a request could be made that each year, as annual
budgets, performance goals, and measures were determined, they would
be reviewed by Council and/or RDA Board Members before being approved
by UPACA.
Councilmember Penfold said he was comfortable going forward with
Ms . Potter' s recommendation as long as a component was added to the
annual process that Council would receive an annual report from the
contractor about prior year and upcoming year expenditures and budgets
(review shortfalls and revenue/deficit projections) . He said he did
not think doing that required a motion, and could just be part of the
reporting process and wanted to ensure everyone agreed to that.
Councilmember Penfold moved and Councilmember Kitchen seconded to
suspend the rules and adopt Resolution 23 of 2016 adopting the
interlocal agreement amendments as proposed.
8:40:57 PM Councilmember Penfold asked the RDA Chair/Vice Chair to
schedule a brief meeting next week to revisit this from an RDA
prospective so everyone had the same agreement/understanding.
Councilmember Rogers called for the question, which motion
carried, all members present voted aye .
(C 13-86) (C 13-94)
UNFINISHED BUSINESS
#1 . 8:43:23 PM Adopting an ordinance amending Sections 15 . 16 . 031
and 15 . 16 . 035, Salt Lake City Code, relating to golf courses, green
fees and group reservations. View Attachment
Councilmember Rogers moved and Councilmember Adams seconded to
adopt Ordinance 45 of 2016, which motion carried, all members present
voted aye .
(0 14-15)
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#2 . 8 :44 :09 PM Adopting an ordinance amending multiple sections of
City Code to clarify the fee setting process . (Sections 2 . 10 . 010 ,
2 . 10 . 050, 2 . 10 . 080, 2 . 10 . 090, 3 . 16. 020, 5 . 36 . 010 , 5 . 54 . 040, 5 . 64 . 130,
5 . 64 .580, 5 . 69. 060, 5 . 85 . 020, 8 . 04 .350, 10,03,050, 12 . 16. 100,
12 . 64 . 030, 12 . 64 . 060, 12 . 64 . 080, 12 . 64 . 090, 12 . 80 . 010, 17 . 08 . 030,
17 . 16.560, 19. 16. 660, 17 . 44 . 030, 17 . 44 . 040, 17 . 44 . 050, 17 . 44 . 110,
07 . 44 . 160, 17 . 64 . 040, 17 . 64 . 080, and 18 . 72 . 010) . View Attachment
Councilmember Mendenhall moved and Councilmember Kitchen seconded
to adopt Ordinance 46 of 2016, which motion carried, all members
present voted aye .
(0 16-10)
Consider a motion to recess as the City Council and convene as
the Board of Directors of the Local Building Authority.
8:44 :54 PM Councilmember Rogers moved and Councilmember Kitchen
seconded to recess as the City Council and convene as the Board of
Directors of the Local Building Authority, which motion carried, all
members present voted aye .
Director Rogers moved and Director Kitchen seconded to adjourn as
the Local Building Authority and reconvene as the City Council, which
motion carried, all directors present voted aye .
Note: See File M 16-10 for Local Building Authority minutes .
CONSENT 8 :4 5:4 2 PM
Councilmember Rogers moved and Councilmember Johnston seconded to
adopt the Consent Agenda.
8:46:34 PM Councilmember Adams spoke about Item 1 (CVS Pharmacy)
because she would be absent for the Council' s discussion next week.
She said the proposal was modified significantly following the
Planning Commission' s negative recommendation . She said the petitioner
was no longer pursuing the alley vacation and it would be maintained
as City property. She said a zoning change would reduce 67 parking
spots to 44, allow additional landscaping/amenities, a covered bus
shelter, bike parking, removal of one driveway, and a pharmacy
entrance from 21st South. She said area residents were happier with
this being a commercial businesses area rather than residential office
which allowed 60-foot building heights . She encouraged Council to
approve the zoning change .
Councilmember Penfold called for the question, which motion
carried, all members present voted aye .
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#1. Setting the date of Tuesday, August 9, 2016, at 7 : 00 p.m. to
hold a public hearing and accept public comment regarding an ordinance
that would amend the zoning of properties located at 2036 and 2046
South 1300 East from Residential Office (RO) to Community Business
(CB) and vacate a portion of a public alley on the south side of the
two parcels pursuant to Petition No. PLNPCM2015-00050 . Under the
proposal, the property would be used as a parking lot for a new
pharmacy. Although the applicant has requested that the property be
rezoned to CB-Community Business, consideration may be given to
rezoning the properties to another zoning district with similar
characteristics. (Petitioner - Gerry Tully - CVS Pharmacy) . View
Attachment
(P 15-23)
#2 . Approving the appointment of Denise Francis-Montano to the
Human Rights Commission for a term extending through December 6, 2019 .
View Attachment
(I 16-21)
#3. Approving the appointment of David Hollins to the Civil
Service Commission for a term extending through May 31, 2022 . View
Attachment
(I 16-24)
#4 . Approving the appointment of Sam Granato to the Airport
Advisory Board for a term extending through January 20, 2020 . View
Attachment
(I 16-7)
The meeting adjourned at 8 : 50 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.
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This document along with the digital recording constitute the
official minutes of the Salt Lake City Council Regular Session meeting
held July 12, 2016 .
sc
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