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05/06/2014 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 6, 2014 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, May 6, 2014 at 7 : 06 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 Lisa Adams Absent: Councilmember Charlie Luke Jennifer Bruno, Council Deputy Director; Margaret Plane, City Attorney; Ralph Becker, Mayor; David Everitt, Mayor' s Chief of Staff; and Sonya Kintaro, Chief Deputy City Recorder were present. Councilmember Garrott presided at and Councilmember LaMalfa conducted the meeting. OPENING CEREMONY #1 . The Pledge of Allegiance. #2 . 7:26:10PM Councilmember Garrott moved and Councilmember Rogers seconded to approve the minutes of the following Salt Lake City Council meetings, which motion carried, all members present voted aye. a. Tuesday, April 1 , 2014, Work Session and Formal Meeting; View Attachments b. Tuesday, April 15 , 2014 Work Session; and View Attachments c. Tuesday, April 22, 2014, Formal Meeting. View Attachments #3 . 7:07:15 PM Mayor Becker presented the proposed Salt Lake City Budget, including the Library Fund for Fiscal Year 2014-2015 . View Attachments (B 14-1) PUBLIC HEARINGS #1 . 7:26:47 PM 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, 14- 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 6, 2014 8. 04.220, 8. 04. 500, 8. 04. 510, 8. 04. 520, 8. 04. 521, and 8. 10. 100. ) 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 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. View Attachments Polly Hart, Amy Meyer, and Nicole Wobbe-Espinoza spoke on tethering, the definitions of vicious and dangerous animals, the incompleteness of the proposed ordinance, obedience training for the animal, education for owners, and seizure of animals without due process . Councilmember Garrott left the meeting. Councilmember Penfold moved and Councilmember Rogers seconded to close the public hearing and defer action to a future date, which motion carried, Council Members Rogers, LaMalfa, Penfold, Mendenhall, and Adams voted aye . Councilmember Garrott was not present for the vote . (0 14-11) 14-2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 6, 2014 #2 . 7:34:48 PM 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 . 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, Petition Nos. PLNPCM2013-00920 and PLNPCM2014-00001 . View Attachments Councilmember Garrott returned to the meeting. David Parkinson and Polly Hart spoke in favor of the development going forward and the street closure . Kim Fowkes said she was in favor of the development and asked the Council to consider supporting neighborhood parking permits for the 300 North strip. J.G. Kennedy submitted a written comment requesting the City postpone acting on this matter until all affected citizens were given adequate notice and an opportunity to comment. Councilmember Adams moved and Councilmember Mendenhall seconded to close the public hearing, which motion carried, all members present voted aye . Councilmember Penfold said the neighborhood parking issue was generally initiated by a neighborhood petition and directed Ms . Fowkes to contact Council Staff, Nick Tarbet. (P 14-6) #3 . 7:40:06 PM 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 Utah Transit Authority rail corridor. 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, Petition No. PLNPCM2013-00340. View Attachments Bruce Aoki said he was in favor of closing the alleyway and asked if adjoining property owners would have the option of purchasing the vacated parcels of ground. 14-3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 6, 2014 Councilmember Penfold moved and Councilmember Garrott seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (P 14-7) POTENTIAL ACTION ITEMS #1 . 7:42:41 PM Adopting an ordinance amending the City' s zoning regulations for monument signs. The amendment would permit monument signs to be built higher than current regulations allowed 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 - Yesco, Petition No. PLNPCM2013-00197. View Attachments Councilmember Garrott moved and Councilmember Mendenhall seconded that the City Council adopt Ordinance 17 of 2014 amending Salt Lake City Code, Sections 21A. 46 . 100 and 21A. 46 . 070 pertaining to monument signs in manufacturing districts pursuant to Petition No. PLNPCM2013- 00197 . Substitute Motion: Councilmember Adams moved and Councilmember Rogers seconded that the City Council adopt an ordinance amending Salt Lake City Code, Sections 21A. 46. 100 pertaining to monument signs in manufacturing districts pursuant to Petition No. PLNPCM2013-00197 but leave Section 21A. 46 . 070 as written currently in the City Code. Councilmember Mendenhall said she was not in support of the substitute motion stating Salt Lake City was clear on how it felt about billboards and large signs on roadways . Councilmember Penfold said he supported the concept of the monument sign for a marker on a street and in front of the building but would not want to see a whole row of signs along the freeway. He said he would not support the substitute motion. Councilmember Rogers said with changes to setbacks and distances between monument signs, it would not be a proliferation through the freeway. He said he would support the substitute motion. Councilmember LaMalfa called for the question on the substitute motion. A roll call vote was taken, which motion failed, Council 14-4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 6, 2014 Members LaMalfa, Garrott, Penfold, and Mendenhall voted nay; Council Members Rogers and Adams voted aye. Councilmember LaMalfa called for the question on the original motion. A roll call vote was taken, which motion carried, Council Members LaMalfa, Penfold, Garrott, Mendenhall, and Adams voted aye; Councilmember Rogers voted nay. (0 14-5) #2 . 7:49:21 PM Adopting an ordinance regarding proposed changes to the City' s size regulations for A-frame signs . The proposed change would clarify the allowed size to be more compatible with typical A- frame sign manufacturing dimensions. The proposed changes will 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, Petition No. PLNPCM2013-00740. View Attachments Councilmember Penfold moved and Councilmember Garrott seconded to adopt Ordinance 18 of 2014, which motion carried, all members voted aye . (0 14-6) #3 . 7:50:00 PM Approving an appropriation resolution adopting the One-Year Annual Action Plan for 2014-2015 that includes Community Development Block Grant (CDBG) funding, HOME Investment Partnership Program funding, Emergency Solutions Grant (ESG) funding, Housing Opportunities for Persons with AIDS (HOPWA) funding, and approving an Interlocal Cooperation Agreement between Salt Lake City and the U. S . Department of Housing and Urban Development (HUD) . View Attachments Councilmember Garrott moved and Councilmember Penfold seconded to adopt Resolution 7 of 2014 and related documents; a) adopting the One- year Action Plan for FY 2014-15; and b) allocating FY 2014-15 CDBG, HOME, and HOPWA funds with the exception of just the HOPWA Item 4, which motion carried, all members voted aye. Councilmember Penfold recused himself. Councilmember Garrott moved and Councilmember Rogers seconded that the Council adopt the One-year Action Plan and Five-Year Consolidated Plan, and allocating FY 2014-15 funding for Item 4 of the HOPWA category in Resolution 7 of 2014, which motion carried, all members present voted aye . 14-5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 6, 2014 Councilmember Penfold returned to the meeting. Councilmember Penfold moved and Councilmember Adams seconded to approve the recommendation for ESG funding in Resolution 7 of 2014, which motion carried, all members voted aye. (T 14-1) #4 . 7:52:35PM Adopting an ordinance regarding a proposal to rezone the property at 1750 South 5600 West from Open Space (OS) to M-1 Light Manufacturing. The rezone would allow for development of a three-lot industrial site. Currently the land is vacant. Although the applicant has requested that the property be rezoned to the M-1 zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. Petitioner - Natomas Meadows, LLC, Petition PLNPCM2013-00767. View Attachments Councilmember Mendenhall moved and Councilmember Rogers seconded that the Council adopt Ordinance 19 of 2014 amending the zoning map pertaining to a property located between 5600 West and the Mountain View Corridor right-of-way and between 1300 and 2100 South streets from Open Space to Light Manufacturing or M-1 subject to the Administration and petitioner entering into a development agreement that includes the provisions outlined in the attached ordinance . Councilmember Garrott said although the public would get some benefit, the City was rezoning to the greater benefit of the petitioner. He said he was disappointed with the Administration' s lack of responsiveness to the Council' s concerns . He said he would not support the motion. Councilmember Garrott called for the question, which motion carried, Council Members Rogers, Penfold, LaMalfa, Adams, and Mendenhall voted aye; Councilmember Garrott voted nay. (P 14-3) COMMENTS TO THE CITY COUNCIL 7:56:03PM Allen Sanderson said it was inappropriate for the City to choose a sole provider for sewer and water hook-up insurance . JoAnn Andersen and Jeffrey Wood submitted written comments supporting the award of CDBG money for the expansion of Redwood Meadows Park. Calvin Noyce submitted a written comment supporting the adoption of the One Year Action Plan - CDBG Grants . 14-6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 6, 2014 CONSENT 7:58:25PM Councilmember Garrott moved and Councilmember Penfold seconded to approve the Consent Agenda, which motion carried, all members voted aye . #1 . Set the date of Tuesday May 20 , 2014 at 7 : 00 p.m. to 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. Amendments include: • stone remediation for the City & County Building; • dump truck purchases for snow removal; • land acquisition for a community garden in District Four; • programming and changes at Pioneer Park; • expansion of the City's Bike Share program; and more. View Attachments (B 14-5) #2 . Set the date of Tuesday, May 20 , 2014 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance regarding a request by the Salt Lake City Redevelopment Agency to reduce the width of 300 South Street between 500 West and 600 West streets from 132 feet to 85 feet. 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, Petition No. PLNPCM2013-00882. View Attachments (P 14-9) #3. Set the date of Tuesday, May 20, 2014 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending certain land use provisions of Title 21A - Zoning of the Salt Lake City Code. The proposed changes include: • 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 • 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. 14-7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 6, 2014 Related provisions of Title 21A- Zoning may also be amended as part of this petition. Petitioner - Mayor Ralph Becker, Petition No. PLNPCM2013-00291 . View Attachments (0 14-12) #4 . Property Conveyances : a . Requesting that the Administration hold a hearing at 5 : 30 p.m. on Tuesday, May 13, 2014 regarding the proposed exchange of 104 . 4 acres of property owned by Public Utilities at 4600 West 700 South for 84 . 3 acres of property located at 4600 West 150 South. The difference in property size addresses mitigation required on the City property being conveyed. View Attachments A public hearing was held on February 28, 2013 by the Public Utilities Advisory Committee and on February 12, 2014 by the Planning Commission. At the hearings, there were no citizen comments . The Council had decided not to issue a call for a hearing. (W 14-4) b. Requesting that the Administration hold a hearing at 5 : 30 p .m. on Tuesday, May 13, 2014 regarding the proposed exchange of property owned by Public Utilities for property owned by the Metropolitan Water District of Salt Lake and Sandy (Metro) . Both parcels are at approximately 9400 South Wasatch Boulevard and are similar in size. A public hearing was held on March 27, 2014 by the Public Utilities Advisory Committee. At the hearing, there were no citizen comments . The Council had decided not to issue a call for a hearing. (W 14-4) The meeting adjourned at 7 : 59 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. 14-8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, MAY 6, 2014 This document along with the digital recording constitute the official minutes of the Salt Lake City Council Regular Session meeting held May 6, 2014 . sk 14-9