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05/20/2014 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, May 20, 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; Margaret Plane, City Attorney; David Everitt, Mayor' s Chief of Staff; Mayor Ralph Becker; and Beverly Jones, Deputy City Recorder; were present. Councilmember Luke presided at and Councilmember LaMalfa conducted the meeting. OPENING CEREMONY #1. 7:15:39 PM The Pledge of Allegiance was led by Girl Scout Troop 2492 from Nibley Park Elementary School . 7:17:04 PM Councilmember LaMalfa had the girl scouts introduce their selves . #2 . 7:18:30 PM Councilmember Mendenhall moved and Councilmember Penfold seconded to approve the minutes of the following Salt Lake City Council meetings, which motion carried, all members voted aye . View Attachments • April 22 , 2014 Work Session • April 29, 2014 Work Session • May 6, 2014 Formal Session • May 13 , 2014 Formal Session (M 14-4) (M 14-3) PUBLIC HEARINGS #1 . RE : 7:18:54 PM Accept public comment and consider adopting an ordinance amending certain land use provisions of Title 21A, Zoning, Salt Lake City Code, pursuant to Petition No . PLNPCM2013-00291 . The proposed changes include: View Attachments • clarifying the allowable front-yard fence height (maximum 4 feet) for non-residential zoning districts; • resolving confusing setback language for the R-MU (Residential Mixed Use) and TSA (Transit Station Area) districts; and 14 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 • including exemptions for bike share stations and bus stop shelters in park strips. Currently, poured concrete pads in park strips are limited to 4 feet, preventing the City and UTA from making bike share and bus stop shelter improvements. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner - Mayor Ralph Becker) Councilmember Garrott moved and Councilmember Luke seconded to close the public hearing and adopt Ordinance 20 of 2014 . 7 :19:20 PM Councilmember Garrott said funding was time sensitive . He said he had reservations about the Zoning Administrator having all the discretion to determine designs of bus stations . He said the Administration would bring some design standards back to the Council for consideration. Councilmember LaMalfa called for the question, which motion carried, all members voted aye . (0 14-12) #2 . RE: 7:20:35 PM Accept public comment and consider adopting an ordinance amending the Fiscal Year 2013-2014 final budget of Salt Lake City and the final Library budget. Budget amendments happen several times each year to reflect adjustments to the City's budgets. This proposed budget amendment includes adjustments totaling $13,194,800. (Budget Amendment No. 3) Amendments include: View Attachments • stone remediation for the City & County Building; • dump truck purchases for snow removal; • land acquisition for a community garden in District Four; • carry-forward Public Utilities projects; • expansion of the City's Bike Share program; and more. Leonard Iversen said he was concerned about lack of public safety. He said he had been robbed several times . He said the number of patrol officers had been cut. He spoke against closing Fire Station No. 9 . Councilmember Luke moved and Councilmember Rogers seconded to close the public hearing and defer action to a later date, which motion carried, all members voted aye . (B 14-5) #3 . RE: 7:25:32 PM Accept public comment and consider adopting an ordinance regarding a request by the Salt Lake City Redevelopment Agency 14 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 (RDA) to reduce the width of 300 South Street between 500 West and 600 West streets from 132 feet to 85 feet pursuant to Petition No. PLNPCM2013-00882 . The purpose would be to reduce the width of the street to a more pedestrian scale and encourage the future use of 300 South as a festival street. The reduction must be reviewed as a street closure and requires a public hearing. (Petitioner Redevelopment Agency of Salt Lake City) View Attachments Councilmember Luke moved and Councilmember Garrott seconded to close the public hearing and defer action to a later date, which motion carried, all members voted aye . (P 14-9) #4 . RE: 7:26:14 PM Accept public comment regarding ordinances relating to the Salt Lake City Budget for Fiscal Year 2014-2015. Please note: Ordinances "a" through "m" are associated with the implementation of the budget including the Library Fund. All ordinances will be heard as one public hearing item during the May 20 and June 3 public hearings. a) Ordinance adopting the City budget, excluding the budget for the Library Fund which is separately adopted, and the employment staffing document of Salt Lake City for fiscal year 2014-2015 . (B 14-1) b) Ordinance adopting the budget for the Library Fund of Salt Lake City, Utah for fiscal year 2014-2015 . (B 14-2) c) An ordinance adopting the rate of tax levy, including the levy for the Library Fund, upon all real and personal property within Salt Lake City made taxable by law for fiscal year 2014-2015 . (B 14-1) d) Ordinance adopting the rate of tax levy to be credited to the Library Fund for fiscal year 2014-2015 . (B 14-2) e) Ordinance approving the compensation plan for all non-represented employees of Salt Lake City. (0 14-13) f) Ordinance appropriating necessary funds to implement, for fiscal year 2015, the provisions of the Memorandum of Understanding (MOU) dated effective June 23, 2013, as amended, between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees Local 1004 (AFSCME) , representing eligible 14 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 employees, pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011 . (0 13-12) g) Ordinance appropriating necessary funds to implement, for fiscal year 2015, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters Local 1645, representing Firefighters and Fire Captains in the Salt Lake City Fire Department, dated on or about June 20, 2012 . (0 12-15) h) Ordinance approving a Memorandum of Understanding between Salt Lake City Corporation and the International Union of Police Associations Local 75, representing Police Officers in the Salt Lake City Police Department pursuant to the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011 . (0 14-14) i) Ordinance appropriating necessary funds to implement, for fiscal year 2015, the provisions of the Memorandum of Understanding between Salt Lake City Corporation and the International Union of Police Associations Local 75, representing Police Officers in the Salt Lake City Police Department, dated on or about June 20, 2014 . (0 14-14) j ) Ordinance amending Sections 15 . 16 . 031 and 15 . 16 . 035, Salt Lake City Code, relating to golf courses, green fees, and group reservations . (0 14-15) k) Ordinance amending Section 12 . 56 . 550, Salt Lake City Code, relating to civil penalties for unauthorized use of streets, parking lots, and other areas . (0 14-16) 1) Ordinance enacting Section 3 . 16 . 060, Salt Lake City Code, to provide for a surcharge on transactions involving the use of a credit card. A surcharge on any transaction on which a credit card is used to pay impact fees, justice court fees or penalties, or any fees that go into the City's general fund. The ordinance exempts paying for parking time through parking meters, parking pay stations, and the City's pay-by-phone system from the surcharge. (0 13-16) m) Ordinance amending the Salt Lake City Consolidated Fee Schedule to modify various fees included therein. The Consolidated Fee Schedule 14 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 is a list of fees currently charged by different departments throughout the City. The changes related to Fiscal Year 2014-15 include, but are not limited to: • an increase of 1 . 2% to all fees, except parking meter rates, to adjust for the consumer price index; • adding a new section for all fees related to special events (rather than separated out by department) ; • allowing for a surcharge on any payments to the City made with a credit card; • establishing that the minimum credit card purchase at a parking pay station is $2 and that the minimum charge for a coin purchase is $0 . 25; • establishes a fee for new proposed corporate golf pass and; • establishes a fee for a six-hole golf experience at Nibley Park and Rose Park Golf Courses, depending on availability. (0 11-9) George Chapman spoke about the 911 system. He said he wanted to see all dispatch centers combined. He asked the Council to keep the library personnel . Jim Webster said he was concerned about the budget appropriations and whether there would be any funding for the proposed modifications at Miller Park. Councilmember Penfold moved and Councilmember Garrott seconded to continue the hearing to June 3 , 2014, which motion carried, all members voted aye . #5 . 7 :31:29 PM Consider a motion to recess as the City Council and convene as the Board of Directors of the Local Building Authority. View Attachments Councilmember Garrott moved and Councilmember Luke seconded to recess as the City Council and convene as the Board of Directors of the Local Building Authority, which motion carried, all members voted aye. Director Penfold moved and Director Garrott seconded to adjourn as the Board of Directors of the Local Building Authority and reconvene as the City Council, which motion carried, all directors voted aye . Note : See File M 14-10 for Local Building Authority minutes . POTENTIAL ACTION ITEMS Councilmember LaMalfa turned the meeting over to Councilmember Luke . 14 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 #1. RE: 7:34:02 PM 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 . ) The proposal would: View Attachments • 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 of an enforcement model based on County Code would eliminate Section 8. 04. 521, Salt Lake City Code, Appendix A which would result in City residents being subject to the County's higher penalty fees. Councilmember LaMalfa moved and Councilmember Garrott seconded to adopt Ordinance 21 of 2014 with the following amendment including language that mirrors the Salt Lake County Code that states it is unlawful for any person to provoke an animal which is being kept housed or confined in compliance with the code; a tethering time limit of one hour within a 24-hour period rather than the proposed 10 hours; and additional language to Section 8 . 04 .400 regarding tethering of dogs restrictions that would require a person responsible for the tethered animal to provide adequate water, food, care, and shelter to protect the 14 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 animal from elements of extreme weather conditions. 7:35:22 PM Councilmember LaMalfa said the amendments made it unlawful to antagonize confined animals, reduced the tethering limit from 10 hours to one hour in a 24 hour period, and provided for food, water, and shelter. 7 :36:12 PM Councilmember Mendenhall said she was uncomfortable with the one hour tethering amendment. She said it was unnecessarily limiting. She said someone could let their dog out in the morning for an hour and they could come home and let their dog out in the afternoon for an hour. Councilmember Mendenhall proposed a friendly amendment to the motion. She proposed that a dog could be tethered one hour every eight hours and the intent was for nonconsecutive hours . Councilmember LaMalfa said he would accept the friendly amendment. 7 :38:59 PM Councilmember Rogers said one hour during a 24 hour period was limiting for dog owners especially if they worked. He said one hour on a tether per eight hours was very restrictive . He said he would be voting against the motion. Councilmember Luke called for the question, which motion carried, all members voted aye except Councilmember Rogers who voted nay. (0 14-11) Councilmember Luke turned the time back over to Councilmember LaMalfa. #2 . RE : 7:39:53 PM Adopting an ordinance amending the zoning of property located at 289 North Almond Street and closing 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. The proposal would also close the eastern portion of West Temple where it intersects at 300 North, with the landscaped island becoming part of the development as on-street parking. (Petitioner - Garbett Homes) View Attachments Councilmember Penfold moved and Councilmember Rogers seconded to adopt Ordinance 22 of 2014 , which motion carried, all members voted aye . (P 14-6) #3 . RE : 7 :40:15 PM Adopting an ordinance closing a City-owned alley located in an area bounded by 900 South and American Avenue and 400 West and a Utah Transit Authority (UTA) rail corridor pursuant to Petition 14 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 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 Councilmember Luke moved and Councilmember Rogers seconded to adopt Ordinance 23 of 2014, which motion carried, all members voted aye. (P 14-7) COMMENTS TO THE CITY COUNCIL 7 :42:06 PM Cindy Cromer said Salt Lake City' s water was its greatest natural resource and was essential to the sustainability of the City. Jonathan Harman, Executive Director of the Pioneer Park Coalition, said the coalition was made up of both private and public interest around the Pioneer Park neighborhood. He said they wanted to endorse and lend their support to Chief Burbank and his efforts to concentrate police efforts in the Rio Grande and Depot Districts . Michael Stransky said he owned a business at 375 West 200 South and he owned the building on the corner of 400 West 200 South. He said in 16 years he had never seen conditions any worse. He said drugs were being sold on his front steps . He said he supported Chief Burbank' s initiative to put more resources in the area. George Chapman spoke about fireworks . He said some Council Members fireworks caused air quality problems . He suggested the Council work with UTA to provide service to Sugar House fireworks on July 4th. He said he was against the one hour tethering proposal for dogs . 14 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 UNFINISHED BUSINESS #1 . RE: 7:50:35 PM Adopting an ordinance regarding a proposal on a grant program that would enable residents with urban gardens to use water for irrigating at a lower cost. The Council approved $30, 000 for the grant program, during the fiscal year 2013-14 budget, with the intention that the funds would support large urban gardens by offsetting the cost of the water used for irrigating the garden space. View Attachments Councilmember Garrott moved and Councilmember Penfold seconded to adopt Ordinance 24 of 2014 . 7 :51:00 PM Councilmember Garrott said water was the City' s most cherished resource . He said it mattered how water was used. 7 :51:30 PM Councilmember Luke said he would be voting against the ordinance because he felt subsidizing water for one use over another use was not correct. He said there were a number of issues where other enterprise funds were at a disadvantage because they paid the full price for water. 7 :52:43 PM Councilmember LaMalfa said the $30, 000 had been earmarked for another program which would have required the City to install a water meter at any place that wanted to use the water at the lower price. He said the City would have been able to help six residents with big gardens . He said the substitute grant program subsidized the cost of water but took the water from a Tier 2 rate to Tier 1 rate . He said the Tier 1 rate would allow residents to use the water for longer in the season and at a specified volume subject to the size of the garden. He said the substitute program would impact 200 residents instead of six. 7:55:25 PM Councilmember Mendenhall said she would support the ordinance . She said it was a good preemptive move for the City as they were looking at expanding the price of water for residents in the coming years . 7 :56:04 PM Councilmember Rogers asked why the City was not giving people who had xeroscaped their yards a better water rate . He said he would be voting against the ordinance . 7 :56:55 PM Councilmember Penfold said this was a small token in his perspective to a global issue of importing food and the significant environmental impact it had to all residents . He said he would support the motion. 14 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 20 , 2014 Councilmember LaMalfa called for the question, which motion carried, Council Members Mendenhall, Penfold, Adams, and LaMalfa voted aye and Council Members Luke, Rogers, and Garrott voted nay. (0 14-17) CONSENT AGENDA 7:58:22 PM Councilmember Penfold moved and Councilmember Garrott seconded to adopt the Consent Agenda, which motion carried, all members voted aye. #1 . RE: Setting the date of Tuesday, June 10 , 2014 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance that would allow assisted living facilities to be developed in the Sugar House Business District (CSHBD) pursuant to Petition No. PLNPCM2014-00027 . Currently, assisted living facilities are not allowed in the district. The proposed changes would affect Section 21 .A. 33. 030 - Table of Permitted and Conditional Uses for Commercial Districts. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner - Aabir Malik) (P 14-10) The meeting adjourned at 7 : 58 p.m. 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 May 20, 2014 . bj 14 - 10