07/15/2014 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, JULY 15 , 2014
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, July 15, 2014 at 7 : 00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State.
The following Council Members were present:
James Rogers Kyle LaMalfa Stan Penfold
Luke Garrott Erin Mendenhall Charlie Luke
Lisa Adams
Cindy Gust-Jenson, Executive Council Director; Rusty Vetter,
Deputy City Attorney; and Beverly Jones, Deputy City Recorder; were
present.
Councilmember Luke presided at and Councilmember Garrott
conducted the meeting.
OPENING CEREMONY
#1 . 7 : 19:31 PM The Pledge of Allegiance
#2 . 7 : 19:54 PM Councilmember LaMalfa moved and Councilmember
Mendenhall seconded to approve the minutes of the following Salt Lake
City Council meetings , which motion carried, all members voted aye,
except Councilmember Luke, who was absent for the vote.
• May 27, 2014 Work Session View Minutes
• June 3, 2014 Work Session View Minutes
• June 10, 2014 Work Session View Minutes
• June 3, 2014 Formal Session View Minutes
• June 10, 2014 Formal Session View Attachments
• June 24, 2014 Formal Session View Minutes
• June 17, 2014 Golf Course Tour View Minutes
• June 24, 2014 Sugar House Streetcar Corridor Walking Tour
View Minutes
(M 14-4) (M 14-3)
PUBLIC HEARINGS
**Please note: This is a continuation of the hearing held on
April 22, 2104. Council policy allows individuals to speak once per
public hearing topic, however, written comments are always accepted.
Individuals who did not speak to this issue on April 22, 2014 may
address the Council at the podium on July 15, 2014.
#1 . RE : 7 :20 : 59 PM Continue to accept public comment and consider
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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. 050, Drive-Through Facility Regulations, and
Title 5, Business License Requirements, of the Salt Lake City Code.
Related provisions of Title 21A, Zoning, may also be amended as part
of this petition. (Petitioner Salt Lake City Council) View Attachments
The following spoke or submitted hearing cards in favor of
accessibility at drive-through windows : Candace Bull and Malcolm
Campbell.
The following spoke or submitted hearing cards in opposition of
accessibility at drive-through windows : Paul Hitzelberger; George
Chapman; George Ray; Kevin Claunch; and Cornelia Kramer.
Councilmember Mendenhall moved and Councilmember Penfold seconded
to close the public hearing and defer action to a later date, which
motion carried, all members voted aye .
(0 13-25)
#2 . RE: 7 : 34 : 43 PM Accept public comment with respect to the
issuance of the City' s Motor Fuel Excise Revenue Bonds to finance a
portion of the cost of constructing, repairing, and maintaining
streets and roads within the City and the potential economic impact
that such projects will have on the private sector. View Attachments
George Chapman submitted a hearing card but did not wish to
speak.
Councilmember Penfold moved and Councilmember Rogers seconded to
close the public hearing and defer action to the July 29, 2014 Council
meeting, which motion carried, all members voted aye .
(Q 14-3)
POTENTIAL ACTION ITEMS
#1 . RE: 7 : 35 : 35 PM 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
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TUESDAY, JULY 15 , 2014
also transfer responsibility for maintenance, snow plowing, garbage
pickup and utility maintenance from the Homeowner's Association to the
City. (Petitioner Capitol Park Homeowner's Association) . View
Attachments & View Attorney Comments
Councilmember Luke moved and Councilmember LaMalfa seconded to
NOT adopt an ordinance amending the Capitol Park Plan Development
Phases 3 and 4 , the Meridian at Capitol Park Condominiums plat and the
August 10th, 1995 Capitol Park Plan Development and have the City
assume ownership of the streets and utilities with the conditions
stated in the ordinance . Findings :
• Standard No. 1 - The amendment will be in the best interest
of the City:
• Approving the amendment would undermine the purposes
for which the Planning Commission approved the planned
development in the first place . Planned development
would not have been approved if the Homeowners
Association had not agreed to keep ownership of the
roadways .
• The amendment would only be in the Homeowners best
interests and there is no reason to believe that this
would benefit the City as a whole .
• Approval would result in acceptance of substandard
roadways .
➢ Standard No. 2 - All lots comply with applicable zoning
standards .
• Planning Division Staff determined that this standard
was inapplicable because no lot areas would be affected
by the petition.
➢ Standard No. 3 - All necessary and required dedications are
made .
• The purpose of this petition was to dedicate roadways
within the development.
➢ Standard No. 4 - Provisions for the construction of any
required public improvements are included.
• This analysis and finding is unnecessary if Standards
1 , 5 , and 6 are not met.
➢ Standard No. 5 - The amendment complies with all applicable
laws and regulations .
• Would not comply with required roadway widths .
• Would not comply with road grade (slope) requirements .
• Would not comply with requirement for sidewalks on both
sides of the roadway.
➢ Standard No. 6 - The amendment does not materially injure
the public and there is good cause for the amendment.
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• Good cause is lacking as this would seemingly undermine
the purposes of the planned development approval . This
standard appears to overlap with Standard 1 ,
which motion carried, all members voted aye except Councilmember
Penfold who voted nay.
(P 14-8)
COMMENTS TO THE CITY COUNCIL 7 :38 : 08 PM (Comments are taken on any
item not scheduled for a public hearing, as well as on any other City
business. Comments are limited to two minutes)
Chris DeJong said last year he was attacked by five people. He
said the police had been hard to deal with. He said the medical bills
had cost him $35, 000 . He said he needed a neutral third party to
answer some questions . Councilmember Garrott said City staff would
work with Mr. DeJong.
Oscar Ross, Jr. said he had asked for an investigation of an
incident that happened to him on January 11, 2009 . He asked that a
sign on 1300 South Redwood Road be taken down. He proposed that the
City look into a Citizen' s Victim Center.
Jim Hubert spoke about incidents he had with Yellow Cab between
June 18th and the 30th of this year. He said he had submitted a letter
to the Council and he wanted to talk to Councilmember Mendenhall
because he was in her district . Councilmember Mendenhall said she
would get in touch with Mr. Hubert. View Letter
George Chapman said he wished the parking issue had been more
publicized. He said they might want to check with the City Attorney to
make sure it was legal . He spoke about the ZAP tax taking care of golf
courses .
NEW BUSINESS
#1 . RE : 7 : 47 : 02 PM Adopting an ordinance amending the Salt Lake
City Code relating to parking payment processes . View Attachments
Councilmember Penfold moved and Councilmember Rogers seconded to
suspend the rules and adopt Ordinance 45 of 2014, which motion
carried, all members voted aye .
Rusty Vetter, Deputy City Attorney, said the transmittal with
respect to the parking ordinance included both the 2012 proposed
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version plus a 2014 version. He said in order to be clear about what
the Council had passed, he suggested the Council reconvene and clarify
that the Council was repealing the specific provisions under Chapter
12 and were then adopting the provisions set forth in the 2014
ordinance as part of the Council' s packet .
The meeting was adjourned at 7 : 51 p.m. and reconvened at 7 : 59
p.m. to reconsider the motion pertaining to parking payment processes .
7 : 59 : 34 PM Councilmember Luke moved and Councilmember Mendenhall
seconded to reconvene the formal session of the Salt Lake City Council
for Tuesday, July 15, 2014 to reconsider the Council' s actions on a
previously passed motion, which motion carried, all members voted aye .
8 : 00 :23 PM Councilmember Mendenhall moved and Councilmember
Penfold seconded to suspend the rules and adopt Ordinance 45 of 2014
repealing Salt Lake City Code Section 12 . 56.220 and amending Sections
12 .56. 140 through 12 .56. 160, 12 .56. 180 through 12 .56. 190, 12 . 56.205
through 12 .56.210, 12 .56.230 through 12 . 56 .235, and 12 . 96 . 010, which
motion carried, all members voted aye .
(0 14-18)
UNFINISHED BUSINESS
#1 . RE: 7 : 48 :23 PM View Attachments
a) Adopting a public hearing resolution authorizing the holding of
a public hearing relating to up to $12 ,000,000 of the City' s
Sales and Excise Tax Revenue Bonds to finance various
improvements to City buildings, parks, property, roads and
providing for related matters . (Projects include the McClellan
Trail . )
b) Setting the date of Tuesday, August 12, 2014 at 7 : 00 p.m. to
receive input from the public with respect to the issuance of
the City' s Sales and Excise Tax Bonds to finance the
acquisition, construction, and improvement of various City
buildings, parks, property, roads, and the potential economic
impact that such improvements and projects will have on the
private sector .
Councilmember Penfold moved and Councilmember LaMalfa seconded to
adopt Resolution 14 of 2014 a) authorizing the holding of a public
hearing related to up to $12 ,000 ,000 of the City' s Sales and Excise
Tax Revenue Bonds to finance various improvements to City buildings,
parks, property, and roads and providing for related matters; and b)
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set the date of Tuesday, August 12, 2014 at 7 : 00 p.m. to receive input
from the public with respect to the issuance of the City' s Sales and
Excise Tax Revenue Bonds to finance the acquisition, construction, and
improvement of various City buildings, parks, property, and roads and
the potential economic impact that such improvements and projects will
have on the private sector, which motion carried, all members voted
aye .
(Q 14-6)
CONSENT AGENDA 7 : 50 : 31 PM
Councilmember Luke moved and Councilmember Penfold seconded to
adopt the Consent Agenda, which motion carried, all members voted aye .
#1 . RE: Confirming the date of Tuesday, August 12 , 2014 at 7 : 00
p.m. to accept public comment and consider one or more ordinances
adopting and ratifying the rate of tax levy, greater than the
Certified Tax Rate, upon all real and personal property within Salt
Lake City made taxable by law for Fiscal year 2014-15 .
(H 14-3)
#2 . RE: Approving the transfer of the following grant projects :
Interest Income for 2011 Justice Assistance Grant (JAG) , State of Utah
Commission on Criminal and Juvenile Justice (CCJJ) , Utah
Pharmaceutical Drug Crime Project Public Awareness Grant - Budget
Increase, Utah State Office for Victims of Crime, 2014 VOCA Victim
Assistance Grant, State of Utah, Utah Division of Homeland Security,
2014 Local Emergency Planning Committee, (LEPC) Hazardous Material
Planning Grant, State of Utah, Certified Local Government (CLG)
Program, Intensive Level Survey; from the Grant Holding Account and
establish a project budget for each grant to be confirmed in a formal
budget opening. (Associated with Budget Amendment No. 1) View
Attachments
(B 14-7)
#3 . RE: Requesting that the Administration hold a hearing at 5 : 30
p.m. on Tuesday, July 29, 2014 regarding the proposed exchange of two
triangle pieces of property at approximately 1226 South 1100 East. The
exchange would maintain the City's access to the Jordan and Salt Lake
Canal for maintenance, and an improved trailhead along the McClelland
Trail . The exchange would also provide the new property owner with an
improved parking lot layout . View Attachments
(W 14-4)
#4 . RE: Requesting that the Administration hold a hearing at 5 : 30
p.m. on Tuesday, July 29, 2014 regarding the proposed exchange of
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pieces of property at approximately 551 West 1700 South. The exchange
would enable the applicant, Nate Wade Subaru, to develop their parcel .
The storm drain detention basin on the City's property will be
reconfigured at the expense of the applicant. View Attachments
(W 14-4)
#5 . RE: Approving the appointment of Honorable Palmer DePaulis to
the Housing Authority of Salt Lake City for a term extending through
October 1, 2015 .
(I 14-16)
#6 . RE: Approving the appointment of Jeanette Misaka to the
Sister Cities Board for a term extending through July 3, 2017 .
(I 14-17)
#7 . RE : Approving the appointment of Reid Ewing, PH.D. to the
Transportation Advisory Board for a term extending through September
25, 2017 .
(I 14-18)
#8 . RE: Approving the appointment of Alberta Comer to the Library
Board for a term extending through June 30, 2017 .
(I 14-8)
#9 . RE : Approving the appointment of Rachel Quist to the Historic
Landmarks Commission for a term extending through July 14, 2018 .
(I 14-6)
The meeting adjourned at 7 : 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.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held July
15, 2014 .
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