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10/17/2017 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 17, 2017 at 7 : 07 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Charlie Luke Andrew Johnston Derek Kitchen Lisa Adams Erin Mendenhall Stan Penfold The following Councilmember was absent: James Rogers Cindy Gust-Jenson, Council Executive Director; Margaret Plane, City Attorney; Jacqueline Biskupski, Mayor; Jennifer Bruno, Council Executive Deputy Director; Patrick Leary, Mayor' s Chief of Staff; and Kory Solorio, Assistant City Recorder; were present. Councilmember Penfold presided at and conducted the meeting. OPENING CEREMONY #1 . 7:07:52 PM Pledge of Allegiance . #2 . 7:08:43 PM Welcome/Review of Standards of Conduct. #3. 7:10:13 PM Councilmember Luke moved and Councilmember Mendenhall seconded to approve the minutes of the following Council meetings, which motion carried, all members present voted aye . View Minutes • September 5, 2017, Work Session • September 12, 2017, Work Session • September 19, 2017, Work Session • October 3, 2017, Formal Minutes (M 17-4) (M 17-3) PUBLIC HEARINGS #1 . 7:10:44 PM Accept public comment and consider an ordinance adopting the 21st and 21st Small Area Plan pursuant to Petition No . PLNPCM2015-00141 . The plan is centered on the commercial district running along 2100 South from about 1900 East to 2300 East. It will serve as a plan for creating an improved and beautified business district that is a unique destination but remains compatible in scale with nearby existing, well-established neighborhoods. View Attachments Soren Simonsen stated there were some fantastic elements to the 17 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 proposed Plan; however; he did not think it captured the full intent of the City' s Housing Plan. He said one of the primary sites in this business district was contaminated and affecting the drinking water, and remediating it would require more than the Plan allowed. He said he hoped to see expanded housing opportunities in the Plan. George Chapman stated this area was a dangerous intersection where school kids crossed the street regularly. He said the problem was that while trying to increase density, it would decrease safety for kids at the same time . He asked the Council to consider moving this forward. L. Rex Sears expressed concerns regarding the Plan' s proposal for third-story buildings and the required zoning changes . He said a similar proposal was presented a few years ago which neighbors rallied against. He said before adoption, the Plan should be revised to eliminate three- story elements . Oliver Iotcovici spoke about the danger to bicyclists forced to use other means due to the inaccessibility of bike lines . He asked the Council to consider that in the proposal . Kyle Honeycutt, representing the owner of the property, reviewed a possible rendition of form-based codes in the proposed area plan (suggested by the property owner) . View Handout Mark Morris spoke in opposition of making the area bigger (higher buildings, greater density) and asked the Council to consider the needs/desires of the residents . Dave Iltis expressed disappointment in the removal of bike lanes . He referenced a recent bicycle accident which he believed was a direct consequence of not having safety along 21st South. He asked the Council to make 21st South a people-friendly street. Councilmember Luke moved and Councilmember Kitchen seconded to close the public hearing and defer action to a future Council meeting, which motion carried, all members present voted aye . (P 17-31) #2 . 7:26:53 PM Accept public comment and consider an ordinance amending the zoning map pertaining to 81 lots located at or near the intersections of 800 South and 900 West Streets and 900 South and 900 West Streets pursuant to Petition No . PLNPCM2016-00924 . The proposal would rezone said properties from Moderate Density Multi-family Residential (RMF-35) , Moderate/High Density Multi-family Residential (RMF-45) , Community Business (CB) , and Single-Family Residential (R- 1/5000) to Residential/Mixed Use (R-MU-35) , Residential/Mixed Use (R- 17 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 MU-45) , and Form Based Urban Neighborhood (FBUN1) . The Westside Master Plan, which the Council adopted in 2014, calls for the creation of nodes, which are "integrated centers of activity" and "key types of locations for redevelopment" and provide a focal point for change in the community. View Attachments Jared Parkinson spoke in favor of the proposal and said the neighborhood needed the economic stimulus the change would bring. Kyle LaMalfa spoke in favor of the proposal and encouraged the Council to support the change coming on the West Side. Aaron Henrie did not wish to speak but submitted a comment card requesting further information regarding the proposed zoning. Councilmember Johnston moved and Councilmember Adams seconded to close the public hearing and defer action to a future Council meeting. A substitute motion was made by Councilmember Kitchen and seconded by Councilmember Johnston to close the public hearing, suspend the rules, and adopt Ordinance 54 of 2017 . Councilmember Penfold called for the question of the substitute motion, which motion carried, all members present voted aye . (P 17-32) #3 . 7:32:57 PM Accept public comment and consider an ordinance amending the zoning of property located between 2200 West and I-215 and approximately between 200 North and 2040 North from (BP) Business Park to (M-1) Light Manufacturing and amending the text of certain sections of Title 21A of the Salt Lake City Code pursuant to Petition No . PLNPCM2016-00788 (Jeff Beck) and Petition No. PLNPCM2016-00870 (Salt Lake City Council) . The zoning text would be amended for the M-1 zoning district to require a 15 foot landscape buffer when adjacent to an AG-2 Agriculture or AG-5 Agriculture zoning districts and building setbacks of one foot beyond the required 15 foot landscape buffer for every one foot of building height above 30-feet. The changes are intended to increase the economic development potential in this area of the City. 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. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. View Attachments Dave Iltis explained the area of 2200 West between 200 North and 2200 North was a great wildlife habitat and asked the Council to pay close attention to the area. He also said zoning changes would bring 17 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 more traffic to the area and requested buffering for the bike lanes on 2200 West. Councilmember Johnston moved and Councilmember Mendenhall seconded to close the public hearing and defer action to a future Council meeting, which motion carried, all members present voted aye . (P 17-35) #4 . 7:35:44 PM Accept public comment and consider an ordinance amending the zoning map pertaining to parcels located at 1144 West 500 South Street and 1111 West Arapahoe Street to rezone those parcels from OS (Open Space) to R-1/5000 (Single Family Residential) pursuant to Petition No . PLNPCM2016-00882 . When the City Zoning Code was rewritten in 1995 and new zoning districts and maps were created, these properties were inadvertently zoned Open Space despite the presence of residential structures on the sites. This proposal is to correct the zoning errors and zone the property for residential use. Although the applicant has requested that the property be rezoned to R-1/5000, consideration may be given to rezoning the properties to another zoning district with similar characteristics (Petitioner-Mayor Jackie Biskupski) . View Attachments Councilmember Mendenhall moved and Councilmember Luke seconded to close the public hearing and defer action to a future Council meeting, which motion carried, all members present voted aye . (P 17-36) #5 . 7:36:19 PM Accept public comment and consider an ordinance amending various sections of Chapter 21A. 46, Salt Lake City Code, to create a signage overlay district on the block bounded by 200 South Street, State Street, 100 South Street, and Main Street pursuant to Petition No . PLNPCM2016-00246 . The proposal would allow for signage to support the cultural and commercial development on the block. Related provisions of Title 21A, Zoning, may also be amended as part of this petition (Petitioner-Property Reserve, Inc. ) (Regent Street) . View Attachments Councilmember Luke moved and Councilmember Mendenhall seconded to close the public hearing and defer action to a future Council meeting, which motion carried, all members present voted aye . (P 17-33) #6 . 7:37:00 PM Accept public comment and consider adopting an ordinance amending the zoning map pertaining to several parcels located in an area bounded by 200 South Street; 500 West Street; 400 South Street; and the north, west and south boundaries of the parcel located at 300 South 600 West Street to rezone those parcels from D-3 Downtown Warehouse/Residential District and CG General Commercial District to G- 17 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 MU Gateway Mixed Use pursuant to Petition No. PLNPCM2016-00583 . The proposal would facilitate the development of Station Center, a Redevelopment Agency (RDA) project located in the same general area. Although the applicant has requested that the properties be zoned to G- MU, consideration may be given to rezoning the properties to another zoning district with similar characteristics (Petitioner-Mayor Jackie Biskupski) . View Attachments George Chapman said the Station Center development was being pushed without solving homeless issues . He asked the Council to slow down redevelopment and steer funding towards solving the problem with the homeless (getting them off the sidewalks) . Councilmember Kitchen moved and Councilmember Luke seconded to close the public hearing and defer action to a later date, which motion carried, all members present voted aye . (P 17-34) #7 . 7:39:45 PM Accept public comment and consider an ordinance for "Growing SLC: A 5 Year Housing Plan" to replace the existing Salt Lake City Community Housing Plan. The plan envisions Salt Lake City as a place where all its residents can find housing that is safe, secure and affordable pursuant to Petition No. PLNPCM2017-00168 . The plan outlines goals for creating long-term solutions for increasing the housing supply, expanding housing opportunities throughout the city, addressing systemic failures in the rental market, and preserving existing units. View Attachments Douglas Cotant asked if the Housing Plan included low-income housing and how it worked. Soren Simonsen spoke in support of the proposed Plan. He said he hoped to see emphasis on inclusionary zoning, accessory units, and quickly getting properties owned by the City into the hands of developers . Shawn McMillen, First Step House Executive Director, spoke about the works of First Step House and the importance of affordable housing. He asked the Council to adopt the Plan and to be mindful that housing was only a part of the solution. Jake Williams spoke in support of the proposed plan. He encouraged the Council to adopt the plan and to continue focus on the missing middle as an opportunity to push infill redevelopment. Councilmember Adams moved and Councilmember Mendenhall seconded to close the public hearing and noted a second public hearing on the Housing 17 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 Plan was scheduled for November 21, 2017 , which motion carried, all members present voted aye . (P 17-30) #8. 7:47:26 PM Accept public comment and consider adopting an ordinance to temporarily close a portion of Rio Grande Street until no later than January 1, 2020 . The portion of the street proposed to be closed is between 200 South Street and 235 South Rio Grande Street (450 West) . The portion is the subject of a lease agreement between the City and the Utah State Division of Facilities Construction and Management to control and manage the portion if the city temporarily closes it. The temporary closure is intended to mitigate unsafe conditions in and next to that portion of the street. View Attachments Douglas Cotant suggested having a heavy police presence to ensure safety instead of closing the area. George Chapman stated the homeless problem would not be solved by closing a portion of Rio Grande Street. He stated the Hepatitis A outbreak was serious and should be addressed before closing the street. Bernard Hart expressed concern regarding the way the homeless issue was being resolved (putting up fencing/arresting the mentally ill) . He believed it was not right and it reflected the City' s inability to deal with the issue . William Gallaway commented the only thing effective when it came to mental health issues was more funding. He said instead of ignoring the problem and closing down the street, someone should be talking to the homeless/mentally ill to help guide them to the best situation possible . Councilmember Luke moved and Councilmember Adams seconded to close the public hearing, which motion carried, all members present voted aye . Councilmember Luke moved and Councilmember Kitchen seconded to adopt Ordinance 55 of 2017 to temporarily close a portion of Rio Grande Street between approximately 200 South and 235 South Rio Grande Street. Councilmember Penfold commented (regardless of the intent) this process had been a great challenge; and as enforcement of this neighborhood progressed, it continued to send the message the homeless population was not safe here . He said he was aware there was a conflict between the goal of providing safety and the perception of safety. He said he believed more could be done and he was concerned (as many were) that long-term needs of the population in this neighborhood were not being adequately addressed. He said he would support the ordinance; however, he was concerned the little steps were taking on so much focus 17 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 that the project/program was losing site of the need for mental health, substance abuse treatment, and diversion programs which the State had yet to step-up and fund. Councilmember Mendenhall stated she agreed with Councilmember Penfold' s comments . She said this was one piece of a broader plan which was not a solution to a problem but rather a piece of a puzzle. She said she felt the City was using the State' s desire for this street closure to leverage assurance to achieve the success assured to achieve. She commented this was a serious request which the Council could decline. She said she wanted to have further assurance (than currently received) from the State and other partners that these successes would come to fruition as progress, continued on this issue down the multi-step path. Councilmember Penfold called for the question, which motion carried, all members present voted aye . (0 17-11) POTENTIAL ACTION ITEMS #1 . 7:58:47 PM Consider adopting an ordinance that would amend various sections of Title 21A of the Salt Lake City Code and the zoning map pertaining to development of Salt Lake City' s Northwest Quadrant pursuant to Petition No. PLNPCM2016-00724 . The proposal includes map amendments and zoning changes that are intended to ensure future development and uses are in keeping with the City's goal to protect sensitive lands and wildlife near the Great Salt Lake shore lands, to allow for the continuation of existing uses, and to limit new uses and new development in this area. View Attachments Councilmember Luke moved and Councilmember Johnston seconded to adopt an ordinance amending various sections of Title 21A of the Salt Lake City Code and the Zoning Map pertaining to development of Salt Lake City' s Northwest Quadrant and further moved the properties owned by the Airport be excluded from the Natural Areas and Lowland Conservancy Overlays and to remove large-area wind systems from the Table of Uses in the Northwest Quadrant Overlay area. Councilmember Adams said she wanted to see the Council shelf this item and hold off on adopting the ordinance in order to have additional conversations and further input from the people who were concerned about the wetlands . Councilmember Mendenhall said she agreed with Councilmember Adams' comments . She said a "no" vote at this time would kill the proposal and asked that the motion and second to be retracted. 17 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 A substitute motion was made by Councilmember Mendenhall and seconded by Councilmember Adams to table action on the proposed ordinance for follow-up of an additional Work Session discussion and an additional public hearing, which motion carried, all members present voted aye . (P 17-29) #2 . 8:03:45 PM Consider adopting an ordinance that would amend various sections of Title 21A of the Salt Lake City Code pertaining to homeless resource centers pursuant to Petition No . PLNPCM2016-00910 . The changes define homeless resource centers and allow for them as a conditional use in zoning districts that currently allow homeless shelters. The changes also include "qualifying provisions, " which are requirements homeless resource centers need to comply with in order to operate in the City. The provisions state that the centers: • May not have an overnight population exceeding 200 people; • Must have a security and operations plan; and • Must have a maintenance plan; among other changes . Related provisions of Title 21A, Zoning, may also be amended as part of this petition (Petitioner-Mayor Jackie Biskupski) . View Attachments (0 16-16) Item pulled from agenda. #3 . 8:04:44 PM Consider adopting an ordinance that would close and vacate a City-owned alley located adjacent to 29 properties running between 1600 East Street and 1700 East Street and situated between Emerson Avenue (1490 South) and Roosevelt Avenue (1455 South) pursuant to Petition No . PLNPCM2016-00573 . If the proposal is adopted, the alley would be vacated and the land would be incorporated into the neighboring residential properties along the alley (Petitioner-Salt Lake City Real Estate Services) . View Attachments Councilmember Luke moved and Councilmember Adams seconded to adopt Ordinance 56 of 2017 vacating a City-owned alley adjacent to properties located between 1600 East Street and 1700 East Street, between Emerson and Roosevelt Avenues. Councilmember Kitchen commented he was distressed every time an alley vacation was adopted. He said he had a conversation with Mike Reberg, Community and Neighborhoods Director (regarding alley vacations) and wanted to continue the conversation; however, he would reluctantly support the motion. Councilmember Adams encouraged Council Members to go out and look at the alleys because it could help make sense, rather than the briefing with a google photo. 17 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 Councilmember Penfold called for the question, which motion carried, all members present voted aye . (P 17-27) #4 . 8:06:25 PM Consider adopting an ordinance that would vacate two unnamed City-owned alleys and close an unimproved portion of Dalton Avenue adjacent to property located at 408 West Dalton Avenue pursuant to Petition Nos . PLNPCM2017-00087 and PLNPCM2017-00088 . The subject alleys and street segment are not used for transportation purposes and are surrounded by parcels that are owned by the applicant. The proposal would allow the applicant to consolidate several of the parcels for a potential residential or commercial development. If the proposal is adopted, the alley and street properties would be sold at fair market value (Petitioner-Justin Kimball) . View Attachments Councilmember Luke moved and Councilmember Johnston seconded to adopt Ordinance 57 of 2017 vacating two unnamed City-owned alleys and closing an unimproved portion of Dalton Avenue adjacent to property located at 408 West Dalton Avenue, which motion carried, all members present voted aye . (P 17-28) 8:07 :31 PM Councilmember Penfold read a statement on behalf of the City Council regarding the recent fatal shooting of Patrick Harmon. View Council Statement COMMENTS TO THE CITY COUNCIL 8:09:21 PM George Chapman spoke regarding the Airport Trax Line proposed destination and expressed concern with the raising/use of taxes . He asked the Council not make a decision on the Airport Trax Line without a public comment period and to consider talking to businesses in the International Center for possible funding assistance. Douglas Cotant expressed frustration with the recent incident involving a Salt Lake City Police Officer and a University of Utah nurse . Maurine Maclean expressed concern regarding Accessory Dwelling Units and asked the Council not to make them a blanket ordinance. Michelle Goldberg, Diggity Dog Resort owner, expressed frustration regarding the newly proposed location to the entrance of the homeless shelter on Paramount Avenue (which would directly face her business) and the potential affects it would have on her business . 17 - 9 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 Bart Tippetts View Handout, Francesca Ball, Charlie Erickson, Stephen Michael Christian, Aron Ogilvie, William Galloway, Rachel Edwards , Amber Jacobsen, Terry Mitchell, David Guymon, Josh Jensen, Stephanie Doktor, Angela Moore, Brooks Bergmann, Oscar Ross, Jacob Jensen, Jade Arter, Jack Pinette, David Newlin, Jordan Stumph, and William VanWagenen expressed frustration with the City' s current policy on releasing bodycam footage of harmful officer involved incidents . Comments included requests for immediate release of bodycam footage, more community control of the Police Department, requests to release bodycam footage within twenty-four hours, more training for the Police Department, Police brutality, increased transparency, concern with lives of people with color, and building trust in communities . Carol Anderson expressed concerned about the safety and security of rentals, and specifically with the mass movement of Accessory Dwelling Units and the challenges facing the Police Department. Soren Simonsen said he was in support of the Transit Master Plan with the addition to extend the street car to Sugar House Park. He also asked the Council to make Accessory Dwelling Units City-wide and adopt the proposed amendments . Calvin Fors, Southwest Regional Council of Carpenters member, stated the City had some challenges to face regarding housing (specifically low-income housing) which would be met by creating more housing and jobs . He said he was here with a repetitious request regarding the contractors used on these jobs and encouraged the Council to hire responsible licensed contractors . View Handout James Berensen expressed frustration with the Council' s representation of constituents and spoke about racism in relation to Police matters . Bernie Hart commented about the recent fatal police shooting. He expressed frustration/concern regarding the current manner the homeless, addicts, and people on the street were being treated. Matt Romrell and Iasia Bieh submitted comment cards but were not present to speak when their names were called. John Ause, Trevor Thomas, Dana Reinke, and Rose Nelson did not wish to speak but submitted comment cards with written comments expressing frustration with the City' s current policy on the release of bodycam footage of harmful officer involved incidents . 17 - 10 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 Comment cards were submitted on behalf of Danielle Willard, Darrien Hunt, Dillion Taylor, James Barker, Nicholas Sanchez, Eric Chief, Corey Kanosh, and Patrick Harmon all who were involved in fatal shootings . NEW BUSINESS #1 . 9:12 :52 PM Consider approving Bill Wyatt as Director of Airports . View Attachments Councilmember Adams moved and Councilmember Kitchen seconded to approve the appointment of Bill Wyatt as the Director of Airports, which motion carried, all members present voted aye . (I 17-26) CONSENT 9:13:55 PM Councilmember Johnston moved and Councilmember Kitchen seconded to adopt the Consent Agenda excluding Items No. 5 and No. 6, which motion carried, all members present voted aye . #1 . Setting the date of Tuesday, November 28, 2017 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance that would amend a section of the Salt Lake City Zoning Ordinance to include the Utah Jazz practice facility located at 1432 South 500 West into the localized alternative sign overlay district on the block that currently houses the Vivint Arena pursuant to Petition No . PLNPCM2017-00407 . If approved, the overlay would allow the applicant to install signage that would otherwise not meet the basic standards of the existing zoning. The Planning Commission forwarded a unanimous positive recommendation to the City Council to amend the sign overlay for the Vivint arena block, but requested the references to the practice facility be removed from the proposal . The Applicant has requested the Council consider the request even though the Planning commission forwarded a negative recommendation (Jazz Practice Facility Sign Overlay) . View Attachments (P 17-25) #2 . Setting the date of Tuesday, November 28 , 2017 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance that would rezone property located at 416 East 500 South from Residential Office (RO) to Residential/Mixed Use (R-MU) pursuant to Petition Nos . PLNPCM2017-00184 and PLNPCM2017-00185 . The proposal would also amend the associated future land use map from Residential/Office Mixed Use to High Mixed Use. The intent of the changes is to provide flexibility for the owners to make changes to the property, including the ability to add or create a retail component and additional residential density. The Planning Commission forwarded a negative recommendation to the Council regarding both proposals. View Attachments 17 - 11 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 (P 17-37) #3 . Approving the appointment of Sean Umipig to the Housing Trust Fund Advisory Board for a term extending through December 02, 2019 . View Attachments (I 17-23) #4 . Approving the appointment of Shauna Doumbia to the Human Rights Commission (HRC) for a term extending through October 17, 2020 . View Attachments (I 17-20) #5 . Item Pulled. Approving the appointment of Brad Palmer to the Transportation Advisory Board for a term extending through October 17, 2021 . View Attachments (I 17-21) #6 . Item Pulled. Approving the appointment of Daniel Mendoza to the Transportation Advisory Board for a term extending through October 17, 2021 . View Attachments (I 17-21) #7 . Approving the appointment of Suzanne Stensaas to the Transportation Advisory Board for a term extending through October 17, 2021 . View Attachments (I 17-21) #8 . Approving the reappointment of Dennis Busch to the Police Civilian Review Board (PCRB) for a term extending through October 17, 2021 . View Attachments (I 17-18) #9 . Setting the date of Tuesday, November 28, 2017 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance that would rezone properties within the Northwest Quadrant area to be consistent with the Northwest Quadrant Master Plan. View Attachments (P 17-38) The meeting adjourned at 9 : 14 p .m. Council Chair City Recorder 17 - 12 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 17 , 2017 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 Salt Lake City Council Regular Session meeting held October 17, 2017 . ks 17 - 13