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10/04/2016 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 4 , 2016 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, October 4, 2016 at 7 : 05 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Charlie Luke Andrew Johnston James Rogers Erin Mendenhall Stan Penfold The following Council Members were absent: Lisa Adams Derek Kitchen Cindy Gust-Jenson, Council Executive Director; Margaret Plane, City Attorney; Russell Weeks, Council Senior Public Policy Analyst; Nora Shepard, Planning Director; and Scott Crandall, Deputy City Recorder; were present. Councilmember Rogers presided at and Councilmember Luke conducted the meeting. OPENING CEREMONY #1. 7:06:06 PM Pledge of Allegiance . #2 . 7:07:03 PM Welcome/Review of Standards of Conduct. #3. 7:06:31 PM Councilmember Mendenhall moved and Councilmember Penfold seconded to approve the minutes of the following Council meetings, which motion carried, all members present voted aye, except Councilmember Johnston, who was absent for the vote . • September 6, 2016 Work Session • September 20, 2016 Formal Meeting PUBLIC HEARINGS #1 . 7:07:26 PM Adopting an ordinance amending various sections of Title 21A, Zoning, Salt Lake City Code, pertaining to the local historic designation process pursuant to Petition No. PLNHLC2015-00149 . Under the proposal, changes would be made to align the process with State code. Specifically, signatures would be needed from at least 33 percent of residents in a proposed district before an application could be initiated (currently only 15 percent are required) , and additional informative outreach efforts would be required, among other changes (Petitioner: Former Mayor Ralph Becker) . View Attachment 16 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 4 , 2016 Lynn Pershing spoke about the unethical passage of House Bill 223 and the negative impact it would have on Utah communities (specifically Yalecrest) . She said she did not support the proposed ordinance . Councilmember Penfold moved and Councilmember Rogers seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (P 16-30) #2 . 7 :10:48 PM Adopting an ordinance amending Chapters 5 .20 , 5 .20A, and 5 .21, Salt Lake City Code, relating to franchise agreements granted to video services providers . View Attachment Councilmember Rogers moved and Councilmember Mendenhall seconded to close the public hearing and defer action to a future meeting, which motion carried, all members present voted aye . (0 16-14) POTENTIAL ACTION ITEMS #1 . 7 :11:34 PM Adopting an ordinance amending the zoning of properties located at 1069 South 200 East, 1063, 1064 , 1070 , and 1071 South Roberta Street and 1070 and 1110 South 300 East Street from R- 1/5, 000 Single-Family Residential District to PL Public Lands District and amending the Central Community Master Plan Future Land Use Map pursuant to Petition Nos . PLNPCM2016-00094 and PLNPCM2016-00095 . This proposal is related to the expansion of Lincoln Elementary School . The Salt Lake City School District is constructing a new school on the east side of the property. Once the new building is constructed, the original will be demolished and the land developed as open space (Petitioner: Salt Lake City School District) . View Attachment Councilmember Rogers moved and Councilmember Mendenhall seconded to adopt Ordinance 64 of 2016 amending the Central Community Master Plan and the zoning for the properties related to Lincoln Elementary Master Plan and rezone properties, which motion carried, all members present voted aye . (P 16-28) #2 . 7 :12 :05 PM Adopting an ordinance closing and vacating a portion of an unnamed, City-owned alley situated between Roberta Street and 300 East Street pursuant to Petition No . PLNPCM2016-00096 . This proposal is related to the expansion of Lincoln Elementary School . The Salt Lake City School District is constructing a new school on the east side of the property. Once the new building is constructed, the original will be demolished and the land developed as open space (Petitioner: Salt Lake City School District) . View Attachment 16 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 4 , 2016 Councilmember Mendenhall moved and Councilmember Rogers seconded to adopt Ordinance 65 of 2016. 7:12:26 PM Councilmember Mendenhall commented on the proposal . Councilmember Luke called for the question, which motion carried, all members present voted aye. (P 16-28) #3 . 7:13:14 PM Adopting an ordinance that would amend the zoning of property located at 1117 East South Temple Street from RMF-35 Moderate Density Multi-Family Residential District to R-MU-35 Residential/Mixed Use District and amend the Avenues Community Master Plan Future Land Use Map pursuant to Petition Nos . PLNPCM2015-00808 and PLNPCM2015-00887 . The proposal would allow the property owner to build a 14-unit apartment building with underground parking. Current zoning would limit construction to two dwellings (Petitioner: Tariq Mughal) . View Attachment Councilmember Rogers moved and Councilmember Johnston seconded to adopt Ordinance 66 of 2016, amending the zoning of property located at 1117 East South Temple Street from RMF-35 Moderate Density Multi-Family Residential District to R-MU-35 Residential/Mixed Use District, and amending the Avenues Community Master Plan Future Land Use Map, subject to the Administration and petitioner entering into a development agreement to be recorded against the property that limits the property to residential uses only and prohibits any future commercial use on the property. Councilmember Penfold proposed a friendly amendment to include setback requirements as part of the development agreement. Councilmember Johnston asked for clarification. Councilmember Penfold said the zoning being considered allowed construction to the property line and at a minimum, the Council wanted to consider setbacks to match the adjacent apartment property. Council Members Rogers and Johnston accepted the amendment. Councilmember Penfold expressed concern that development agreements were being utilized more and more often to address modifications being proposed by property owners/petitioners . He said this was very problematic and indicated the City had some serious problems with its zoning ordinance . He said the proposed Master Plan changes did not anticipate/accommodate this type of density level for this area and felt this highlighted the fact the City probably had some compatibility issues relating to infill requirements . He said he supported more density but was becoming more reluctant to consider development agreements as a 16 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 4 , 2016 zoning tool . He said the City did not have the capacity/ability to monitor development agreements long-term to ensure property owners/petitioners followed through with their commitments . He said he felt this was a bad policy which could put the City in a precarious position and wanted to propose some legislative intent language following this motion. Councilmember Rogers asked Ms . Plane if the City could file a notice-of-interest with the development agreement with the County Recorder so it could be tied to the property for tracking. Ms . Plane said she understood that was one tool the City could use . Councilmember Rogers said he wanted to ensure this was recorded with the County. Councilmember Mendenhall asked Ms . Shepard how setbacks were addressed in discussions about the development agreement . Ms . Shepard said she understood the applicant planned to maintain consistent setbacks anyway due to concerns raised by neighbors . Councilmember Penfold said once zoning was changed, the City had no ability to enforce that so he thought it was important the development agreement stated, at a minimum, that setbacks would match the adjacent property on the west. Ms . Shepard said she agreed the City had issues with RMF zones and her office planned to address them. Councilmember Luke called for the question, which motion carried, all members present voted aye. Councilmember Penfold moved and Councilmember Rogers seconded to adopt a legislative intent that the Planning Department and Administration review the City' s RM and RMF particular zones to identify conflicts between the City' s desire for increased density and compatibility with existing master plans and zoning. Councilmember Rogers said the small area plan for this area was old, and wondered if some legislative intent was needed to look at updating master plans or small area plans as well . Councilmember Penfold said he thought intent language was already in place for updating City plans . He said the reason he worded the intent the way he did was because he thought this was going to require some recommendations from Planning to modify RM zones and perhaps other tools to address compatibility issues in that area such as density and mitigating impacts on single families . Councilmember Mendenhall requested the Chair/Vice Chair schedule a briefing before year' s end to educate Council Members about the history of development agreements (legal authority, original intent, etc. ) 16 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 4 , 2016 Councilmember Luke called for the question, which motion carried, all members present voted aye . (P 16-29) COMMENTS TO THE CITY COUNCIL 7:23:49 PM Douglas Cotant spoke about his trip to New York which included a public disturbance/police activity. George Chapman spoke about cancelling the Mountain Accord agreement to allow additional input through a public hearing. He also spoke about creating the Central Wasatch Commission including bonding authority. He said they should be required to hold public hearings in accordance to the Utah Open and Public Meetings law. Cindy Cromer spoke in support of the friendly amendment requiring setbacks and the Council' s interest in reviewing development agreements . She said she owned a number of buildings in the RMF zone and expressed concern about potential impacts to affordable housing and redevelopment efforts in the City. Bernie Hart spoke about using different programs/methods to address homeless issues in the City. NEW BUSINESS #1. 7:33:19 PM Adopting a resolution supporting the passage of House Bill (HB) 5718 Central Wasatch National Conservation and Recreation Area Act introduced to Congress by Representative Jason Chaffetz . Includes changes to the procedures for approving additional members and non- member/appointed commissioners (R-UT) . View Attachment Councilmember Penfold moved and Councilmember Johnston seconded to suspend the rules and adopt Resolution 30 of 2016. 7 :34 :08 PM Councilmember Mendenhall said the Council was supporting a resolution to support a plan, not necessarily the creation of an actual entity. She said the body being supported by the resolution would implement a plan which was created through a very extensive public process involving numerous stakeholders . 7 :34:59 PM Councilmember Penfold said he echoed Councilmember Mendenhall' s comments . He said this was a significant effort toward protecting the watershed which was an extremely critical community asset. He said he thought the proposal went a long way toward balancing and protecting the watershed regarding any future watershed development. 16 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 4 , 2016 Councilmember Luke called for the question, which motion carried, all members present voted aye. (R 16-13) UNFINISHED BUSINESS #1 . 7:36:19 PM Adopting a resolution that would authorize the approval of an Interlocal Agreement to establish the Central Wasatch Commission and an Interlocal Assignment, Assumption and Consent Agreement. The Central Wasatch Commission would be a multi- jurisdictional effort to address short and long term issues in the Central Wasatch Mountains, including environmental, transportation, economic and recreational issues. The Commission is tasked with implementing the goals of Mountain Accord. All funding commitments made by Salt Lake City as part of these resolutions will be subject to budget approval by the City Council . View Attachment Councilmember Penfold moved and Councilmember Johnston seconded to adopt Resolution 31 of 2016, which motion carried, all members present voted aye . (C 16-763) (C 16-764) #2 . 7:37:04 PM Establish Grant Projects from Grant Holding Account. The grant holding account was established to fund grants between budget amendments with the understanding that the grants would be submitted as part of the next budget opening. Items transmitted are placed on a Council Consent agenda and then formally approved during the following budget amendment. Grants and associated projects include: View Attachment • Funding for Salt Lake City Homeless Resource Centers Site Selection and Public Engagement Process (part of an appropriation from House Bill 436; • Justice Court Technology, Security & Training Account to replace the Justice Court's metal detector; • Salt Lake City Police Department Victim Advocate Program VOCA grant application; • State Asset Forfeiture Grant Program (CCJJ) (SAFG) ; • Our Town (Urban Arts Festival/Regent Street) ; • Salt Lake City Department of Public Utilities Drought Contingency Plan Update (Wa terSMART) ; • Emergency Management Performance Grant FY 2016 (EMPG) ; • YouthCity Central City Teen After School Prevention Grant; and • Utah Emergency Medical Services (EMS) Grant Program. 16 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 4 , 2016 Councilmember Penfold moved and Councilmember Rogers seconded to adopt, which motion carried, all members present voted aye. (B 16-4) CONSENT 7:37:34 PM Councilmember Rogers moved and Councilmember Mendenhall seconded to adopt the Consent Agenda, which motion carried, all members present voted aye . #1 . Setting the date of Tuesday, October 25, 2016, at 7 :00 p.m. to hold a public hearing and accept public comment regarding an ordinance that would close and vacate a City-owned alley adjacent to properties at 723 West Pacific Avenue, 745 West Pacific Avenue and 470 South 700 West Street pursuant to Petition No. PLNPCM2015-00935 . The property no longer functions as a residential alleyway, serving instead as additional parking for adjacent commercial businesses. The property would be sold to the adjacent property owners at fair market value (Petitioner: Jim Lewis) . View Attachment (P 16-31) #2 . Approving the appointment of Curtis Thornhill to the Business Advisory Board for a term extending through August 15, 2020 . View Attachment (I 16-19) #3 . Approving the appointment of Teresa Garrett to the Police Civilian Review Board for a term extending through September 1, 2019 . View Attachment (I 16-20) #4 . Approving the appointment of Robert Hyde to the Historic Landmark Commission for a term extending through September 1, 2020 . View Attachment (I 16-30) #5. Approving the appointment of Barbara Murphy to the City and County Building Conservation and Use Committee for a term extending through August 15, 2020 . View Attachment (I 16-34) #6. Approving the appointment of Deeda Seed to the Library Board for a term extending through September 15, 2019 . View Attachment (I 16-33) #7 . Approving the appointment of Weston Clark to the Planning Commission for a term extending through September 1, 2020 . View 16 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL TUESDAY, OCTOBER 4 , 2016 Attachment (I 16-10) The meeting adjourned at 7 : 38 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 Salt Lake City Council Regular Session meeting held October 4, 2016 . sc 16 - 8