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11/13/2018 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 The City Council of Salt Lake City, Utah, met in Formal Session on Tuesday, November 13, 2018 in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: James Rogers Amy Fowler Derek Kitchen Chris Wharton Erin Mendenhall Charlie Luke Andrew Johnston Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno, Council Executive Deputy Director; Jacqueline Biskupski, Mayor; David Litvack, Mayor' s Deputy Chief of Staff; Margaret Plane, City Attorney; and Scott Crandall, Deputy City Recorder; were present. Councilmember Mendenhall presided at and Councilmember Luke conducted the meeting. The meeting was called to order at 7 : 21 p.m. OPENING CEREMONY #1 . 7 :21: 10 PM The Pledge of Allegiance was led by Scout Troops 3529 and 3074 . #2 . 7:24:55 PM Welcome and Review of Standards of Conduct . #3. 7:25:27 PM Councilmember Mendenhall moved and Councilmember Fowler seconded to approve the minutes of the following City Council meetings, which motion carried, all members voted aye. • October 2, 2018 Formal Meeting • October 30, 2018 Special Meeting • September 4, 2018 Work Session • September 11, 2018 Work Session • September 18, 2018 Work Session • October 9, 2018 Work Session • October 16, 2018 Work Session (M 18-3) (M 18-4) PUBLIC HEARINGS #1 . 7:26: 11 PM Accept public comment and consider adopting an ordinance amending the zoning of properties located at 629 East 800 South Street and 633 East 800 South Street from RMF-30 (Low Density Multi- Family Residential District) to R-MU-35 (Residential/Mixed Use District) 18 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 and amending the Central Community Master Plan Future Land Use Map pursuant to Petition No. PLNPCM2018-00024 and Petition No. PLNPCM2018- 00025 . The proposed ordinance would make the following amendments for the properties located at 629 East 800 South and 633 East 800 South: 1. Rezone the property from RMF-30 (Low Density Multi-Family Residential) to the R-MU-35 (Residential Mixed-Use) ; and, 2. Amend the future land use designation in the Central Community Master Plan from Low Density Residential (1-15 dwelling units/acre) to Medium Residential/Mixed Use (10-50 dwellings units/acre) These amendments would allow the property owner, Wasatch Community Gardens, to use the two single-family homes (both of which are contributing structures in the Central City Local Historic District) on the property as administrative offices. The current zone does not allow office use. View Attachment Robert Goodman said he felt a more robust Wasatch Community Gardens would be beneficial and expressed support for the ordinance . Councilmember Kitchen moved and Councilmember Mendenhall seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (P 18-24) #2 . 7:27 :36 PM Continue to accept public comment and consider adopting an ordinance amending Section 21A. 30 . 045 , Salt Lake City Code, pertaining to building height in the D-4 Downtown Secondary Central Business District S pursuant to Petition No. PLNPCM2017-00420 . Under the proposal, zoning for the Royal Wood Plaza site, located at approximately 230 West 200 South (Block 67, Phase 2) would be amended to allow greater building height than what was currently allowed. The applicant requested the property be rezoned from Downtown Secondary Central Business District (D-4) to Central Business District (D-1) in order to build one or more towers that would exceed 120 feet. Although the applicant has requested that the property be rezoned to the Central Business District (D-1) , consideration may be given to rezoning the property to another zoning district with similar characteristics. (Petitioner: The Ritchie Group) View Attachment Councilmember Luke said due to a noticing error, another hearing would be scheduled (potentially December 4, 2018) . He said anyone wishing to speak on the item could address the Council during General Comments . Brent Koga submitted a hearing card in support of the Planning Commission' s (PC) D-4 Zoning recommendation. He stated if Block 67 was a secondary district, it should not have D-1 status as a primary district. 18 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 Rolen Yoshinaga submitted a hearing card in support of the PC' s recommendation. He stated the D-4 Overlay (regarding height/setback) was the correct action in this case . (P 18-17) #3 . 7 :28:53 PM Accept public comment and consider adopting an ordinance amending the Major Street Plan of the Salt Lake City Transportation Master Plan. Due to the relocation of the State prison to the Northwest Quadrant (NWQ) and the potential for future development in the area to follow, there was a need to identify a street network system for the area. The proposed changes to the Major Street Plan reflect a system of arterial and collector streets that will serve the Northwest Quadrant (NWQ) area as development takes place. View Attachment Dave Iltis spoke about the need to utilize the NWQ Master Plan and Complete Streets ordinance to include bike amenities as development occurred. He expressed concern about the proposed 5600 West/Direct Diamond Interchange which would be deadly for pedestrians and cyclists . Robert Goodman spoke in support of prioritizing streets for better public transportation (bus routes/other alternatives) . He said air quality was already being impacted by the large number of daily commuters which he felt would only worsen with future NWQ development. Councilmember Rogers moved and Councilmember Johnston seconded to close the public hearing, suspend the rules, and adopt Ordinance 58 of 2018 amending the Major Street Plan of the Salt Lake City Transportation Master Plan and further moved to adopt the following Legislative Intent: "It is the intent of the City Council that any future configuration of streets in the Northwest Quadrant preserve the character of the frontage road parallel to Interstate 80 that is part of Bicycle Recreational Trail No. 3 to the Great Salt Lake Marina and is connected to the Airport Bicycle Trail", which motion carried, all members voted aye . (T 17-2) #4 . 7:33:21 PM Accept public comment and consider adopting an ordinance amending Chapter 3 .24 . 115, Salt Lake City Code, pertaining to building improvement or public works projects requirements . The amendments would make the City's regulations consistent with applicable State agencies such as the Utah Department of Transportation, and clarify requirements for bidders to certify and comply with the ordinance, including having health insurance available for workers, and penalties or consequences for failing to meet outlined requirements. View Attachment 18 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 Russell Lamoreaux, Calvin Fors , Jeff Worthington, and Joseph Hatch spoke in support of the proposal . Comments included electrical workers, insuring/protecting employee rights, Council of Carpenters, language clarification, ongoing abuse in construction industry, new regulations being meaningless without enforcement, wages being stolen from communities, ongoing abuse by Airport contractors, providing good wages/benefits, and gratitude for proposed changes . Councilmember Mendenhall moved and Councilmember Kitchen seconded to close the public hearing, suspend the rules, and adopt Ordinance 59 of 2018 amending City Code Section 3.24 . 115 relating to building improvements or public works projects, which motion carried, all members voted aye . Council Members Mendenhall and Luke thanked those who participated in the process and said they were committed to pursuing/enhancing enforcement and participating in ongoing dialog. (0 18-16) #5 . 7:42:45 PM Accept public comment and consider adopting an ordinance that would rezone the property located at approximately 1332 and 1334 East 500 South to allow for a future residential use with a commercial component pursuant to Petition No. PLNPCM2018-00256 . The site is currently zoned RMF-75 (High Density Multi-Family Residential District) , but the small size of the site and the existing development standards essentially limit development to a single-family home. The proposed rezoning to R-MU-45 (Residential/Mixed Use Residential District) would allow for development that is consistent with the Central Community Master Plan. Although the applicant has requested that the property be rezoned to R-MU-45, consideration may be given to rezoning the property to another zoning district with similar characteristics. (Petitioner: D3cade Homes) View Attachment Charles Pioli, Representative Elizabeth Weight, Tom Barman, Ed Leuders, and Reverend Marijke Rossi spoke about the proposal . Comments included addressing off-street parking issues (ensure availability) , uncertainty about what was allowed in an R-MU-45 zone, impact on adjacent properties, lack of community input/participation, interest in developing a community garden, increased traffic creating dangerous conditions for seniors/handicapped, 200 elderly residents/safety issues, construction issues/mitigation, commercial component creating traffic density, Friendship Manor parking lot being utilized as a public thoroughfare, and denying the proposal . Ian Kaplan, Development Representative, spoke about meeting with the Community Council, Friendship Manor, and residents . He said ideas were discussed about a shared development and potentially expanding the 18 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 existing facility. He said he provided contact information (phone/e- mail) at the meeting. He said after not hearing from anyone for several months, he contacted Friendship Manor and was told they were not interested in a shared development/other compromises and the petitioner could do what they wanted. He said although the project met current zoning/parking requirements, he was still open to holding conversations with interested parties to address ideas/concerns . Councilmember Fowler moved and Councilmember Mendenhall seconded to continue the public hearing to a future meeting, which motion carried, all members voted aye . (P 18-27) #6. 7:55:52 PM Accept public comment and consider adopting an ordinance that would rezone the property located at approximately 1230 West 200 South from M-1 Light Manufacturing to TSA-UN-T Urban Neighborhood Station pursuant to Petition No. PLNPCM2018-00163 . The site is the location of a former steel fabrication facility located immediately west of the Jordan River on 200 South. The properties contain approximately 15. 36 acres. There is no development proposal at this time. Although the applicant has requested that the property be rezoned to the TSA-UN-T Urban Neighborhood Station, consideration may be given to rezoning the property to another zoning district with similar characteristics. (Petitioner: MS Operating Company. LLC) View Attachment When Nigel Swaby' s name was called, he said he did not want to speak (submitted a hearing card with no comments) . Councilmember Johnston moved and Councilmember Rogers seconded to close the public hearing and defer action to a future meeting, which motion carried, all members voted aye . (P 18-28) #7 . 7:56:32 PM Accept public comment and consider adopting an ordinance amending various sections of Title 21A, Salt Lake City Code, pertaining to regulation of inland port uses pursuant to Petition No. PLNPCM2018-00601 . These changes would bring City code in line with State Code requirements for an inland port. Conditional uses under the proposed zoning overlay would require an impact mitigation plan. Additionally, the Planning Division has suggested development standards for activities involving transporting, unloading, loading, transferring, or temporarily storing natural resources. Other sections of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner: Mayor Jackie Biskupski) View Attachment 18 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 Heather Dove, Robert Goodman, Deeda Seed, Dean Dinas, Dave Iltis, Nigel Swaby, Nichole Salt, and Jean Tavin spoke about the proposal . Chris Souther, Elizabeth Buirley, and Cassandra Mogusar only submitted hearing cards . Comments included Great Salt Lake Audubon, support for Planning Commission (PC) recommendations for port uses, requiring impact mitigation plans prior to conditional use approval/permits, giving authority to the City' s Planning Director to request/obtain third party assessments for any/all mitigation plans, detrimental impacts associated with inland port, enhancing City control over port development/other issues, job creation (hiring local residents first) , housing issues, drastic changes coming, participation of Coalition-for-Port-Reform (comprised of 13 civic, community, environmental, and conservation organizations) , City leading the way in port development/reform, ensure City values were reflected in the planning/policy decision process, defining City' s role, adopting PC recommendations, conditional use permits should consider air quality impacts, mitigation, construction contractors, freight transportation businesses, and best available control technologies, replacing diesel with natural gas in freight related operations, destruction of last remaining open space in the City, devastating environmental impacts, wetland destruction/protection, preserve habit of migratory birds/wildlife, encouraging City to participate in lawsuit to stop port, environmental tragedy, NWQ Master Plan preservation, ensure application of Complete Streets ordinance, public outreach efforts/participation, River District Chamber participation, potential profit for developers (not concerned about impact on community/environment) , Friends of the Great Salt Lake, viable standards needed for port uses, united effort needed to stop inland port, drought conditions worsening (too much development) , potential/lasting damage to Salt Lake Valley and residents, and inability to meet existing air pollution standards (would only worsen by adding numerous diesel trucks/trains/traffic) . Councilmember Mendenhall moved and Councilmember Johnston seconded to close the public hearing and note that a second public hearing was scheduled for November 27 , 2018 , which motion carried, all members voted aye . (P 18-29) #8 . 8:12: 05 PM Accept public comment and consider a request amending various sections of Title 21A, Salt Lake City Code, relating to the FB- UN2 Zoning District pursuant to Petition No. PLNPCM2017-00590 . An applicant is requesting the maximum height regulations be increased for property located at the southeast corner of 900 South and Washington Street. The Planning Commission forwarded a negative recommendation to the Council . Other sections of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner: Urban Alfandre, LLC. ) View Attachment 18 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 Paul Johnson said the Central Ninth Community Council Board wanted to hear more about the project and engage the petitioner directly before any final decisions were made. He said there was concern about setting a precedent or leading the Council to believe there was support for this type of zoning change on the north side of 900 South. Lee Farnsworth, said he owned property adjacent to the proposal at 934 Washington Street. He expressed concerns about how high-rise buildings being constructed there would impact his son who was handicapped/suffered from depression. He said he was concerned about future zoning amendments that could change the character of the area and further impact his property. Councilmember Mendenhall moved and Councilmember Fowler seconded to continue the public hearing to a future meeting, which motion carried, all members voted aye . (P 18-30) Note : Items 9 and 10 will be heard as one public hearing. #9 . 8:17 : 14 PM Accept public comment regarding Grant Application: Three Creeks Confluences 2018 Grant, requesting funding for the daylighting of the Three Creek Confluences Project along the Jordan River, including the removal of invasive plants, garbage and private encroachments. View Attachment (B 18-3) #10 . Accept public comment regarding Grant Application: State Homeland Security and Law Enforcement Terrorism Training Program, requesting funding to create an emergency recovery plan for the City, and to fund the cost of software to manage and secure data usage and data analysis. View Attachment There were no public comments . Councilmember Rogers moved and Councilmember Johnston seconded to close the public hearing and refer Items 9 and 10 to a future Consent Agenda for action, which motion carried, all members voted aye . (B 18-3) POTENTIAL ACTION ITEMS #1 . 8: 18: 05 PM Adopting an ordinance that would close a portion of 1100 West between approximately 900 South and Hayes Avenue as part of the 9-Line Corridor Plan pursuant to Petition No. PLNPCM2018-00146 . The 9-Line Corridor is a linear parkway that runs along 900 South between 18 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 the Surplus Canal and 200 West. This corridor has been historically used as a railroad corridor for passenger trains and was abandoned in 2007. This street closure is an early step in implementing the Transvalley Corridor Trail, a system of parks and trails that would connect the Westside with the foothills. (Petitioner: Mayor Jackie Biskupski) View Attachment Councilmember Johnston moved and Councilmember Rogers seconded to adopt Ordinance 60 of 2018, which motion carried, all members voted aye. (P 18-26) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 8:18: 48 PM Councilmember Kitchen congratulated the Mayor/Administration on successful community engagement efforts related to the Bond election. COMMENTS TO THE CITY COUNCIL 8: 19:36 PM Rod Miller asked the Council to reconsider the decision to close City Creek Canyon to cyclists during the rifle deer hunt (nine days) . He said the odd/even schedule, used during summer months, could be implemented so cyclists could enjoy the canyon during that time. Robert Goodman spoke in support of continuing "Free-Fare Days" during winter months to help improve air quality (potential to gather data) . Jeff Bair spoke about the danger to pedestrians from scooters being driven on City sidewalks and looked forward to the proposed "Walk-Your- Wheels" program being implemented (educational component needed) . He also spoke about "shopping flyers" being delivered around the City from Utah Media Group. He said they were creating a real nuisance in his neighborhood and something needed to be done. Jim Webster expressed concerns about illegal traffic/parking problems created during University of Utah football games and said something needed to be done (hold University accountable for impact on neighborhoods) . He also spoke about the City' s excessive solar installation fees ($850) . He said he thought $200 was appropriate given the inspector just drove by and did not even look at the roof or examine the connections . He requested a $650 refund. Dave Iltis talked about the City' s $87 million bond and other sales tax funding intended for transportation improvements (potentially $120 million) . He said it was important to have/utilize an updated Complete Streets ordinance along with a current Transportation Master Plan to 18 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 ensure improvements were done responsibly/thoughtfully to create long- term sustainability including better bike paths/sidewalks . Deann Shepherd, Humane Society Marketing Director, submitted a hearing card expressing support/thanks for the proposed ordinance establishing limitations on pet sales . S. South submitted a hearing card expressing concerns about numerous problems with the Inland Port (environmental impacts, air quality, project not being defined, etc. ) and asked the City to do whatever it could to stop the project. Cassandra Mogusar submitted a hearing card expressing support for the pet ordinance and wanted to see restrictions expanded to include other species . Kamille Corry submitted a hearing card in opposition of rezoning 1332-1334 East 500 South, supporting a lawsuit to stop the Inland Port, and support for the pet ordinance. UNFINISHED BUSINESS #1 . 8:28:34 PM Adopting an ordinance that would put limitations on the sale of dogs, cats, and rabbits at commercial animal establishments. The proposal would require these establishments to obtain their dogs, cats, and rabbits from an animal shelter, animal control agency, humane society or a non-profit rescue organization. These restrictions are intended to reduce pet overpopulation and ensure animals sold in commercial animal establishments are treated appropriately and humanely. Within Utah, both Sandy City and Salt Lake County have passed similar restrictions governing the sale of animals at commercial animal establishments. View Attachment Councilmember Fowler moved and Councilmember Wharton seconded to adopt Ordinance 61 of 2018, which motion carried, all members voted aye. Council Members Fowler, Wharton, and Luke spoke about the importance of the proposal and thanked those who participated in the process . (0 18-15) CONSENT 8:31:34 PM Councilmember Mendenhall moved and Councilmember Kitchen seconded to approve the Consent Agenda, which motion carried, all members voted aye . 18 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13, 2018 #1 . Approving Ordinance 62 of 2018 amending Article 12 (Wage Schedule) , Appendix A, and Appendix B of the Memorandum of Understanding between Salt Lake City Corporation and the American Federation of State, County, and Municipal Employees Local 1004 , representing eligible employees . This ordinance is typically adopted during the annual budget process in June but was inadvertently omitted from the paperwork. View Attachment (0 17-6) #2 . Setting the date of Tuesday, November 27 , 2018 at 7 : 00 p.m. to accept public comment and consider adopting a resolution outlining areas of responsibility and cooperation between Salt Lake City and the Utah Transit Authority in the use of $5 . 3 million in sales tax revenue for improved transit service in Salt Lake City. The revenue is part of the Funding-Our-Future initiative created to address transit options, improved streets, affordable housing, and public safety. View Attachment (B 18-6) #3 . Setting the date of Tuesday, December 4, 2018 at 7 : 00 p.m. to accept public comment and consider an ordinance amending Section 21A. 46. 120 .E.5, Salt Lake City Code, pertaining to signs in the OS Open Space District pursuant to Petition No . PLNPCM2018-00057 . The proposal would remove the existing cap of 60 square feet of flat signage and potentially increase the allowable size of flat signs on buildings in an OS zone. (Petitioner : Salt Lake Tennis and Health Club) View Attachment (P 18-31) #4 . Setting the date of Tuesday, December 4, 2018 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Chapter 14 .32 , Salt Lake City Code, that would establish a requirement to identify and mark the location of water and sewer laterals and storm drains when performing construction activities in the public way. View Attachment (0 18-17) The meeting adjourned at 8 : 31 p .m. Council Chair City Recorder 18 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, NOVEMBER 13 , 2018 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 pursuant to Utah Code §52-4-203 (2) (b) . This document along with the digital recording constitute the official minutes of the Salt Lake City Council meeting held November 13, 2018 . sc 18 - 11