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09/05/2017 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 5 , 2017 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 5, 2017 at 7 : 05 p.m. in Room 315, Council Chambers, City County Building, 451 South State . The following Council Members were present: Charlie Luke James Rogers Derek Kitchen Lisa Adams Erin Mendenhall Andrew Johnston Stan Penfold Cindy Gust-Jenson, Council Executive Director; Margaret Plane, City Attorney; Jennifer Bruno, Council Deputy Executive Director; Jacqueline Biskupski, Mayor; Patrick Leary, Mayor' s Chief of Staff; and Kory Solorio, Assistant City Recorder; were present. Councilmember Penfold presided at and Councilmember Adams conducted the meeting. OPENING CEREMONY #1 . 7 :05:57 PM Pledge of Allegiance was led by Scout Troop 44 of the Liberty Park area. #2 . 7:09:20 PM Welcome/Review of Standards of Conduct. #3. 7:10:42 PM Councilmember Mendenhall moved and Councilmember Luke seconded to approve the formal meeting minutes of Tuesday, August 29, 2017, which motion carried, all members voted aye. (M 17-3) PUBLIC HEARINGS #1 . 7:10:59 PM Accept public comment and consider adopting an ordinance amending Chapter 21A. 27 of the Salt Lake City Code pertaining to land use regulations in the Form Based Urban Neighborhood (FB-UN2) zoning district pursuant to Petition No. PLNPCM2016-00463 . The proposal would require increased setbacks (distance between the property line and the structure) for buildings located next to certain residential areas, and step backs (Floors rising above a certain height must be 'stepped back" 15 horizontal feed from the building foundation at ground level . ) The proposal also includes design stands that are intended to clarify how the ground floors of buildings can be designed and used, address parking garage issues, and address issues that have arisen regarding overall building scale. View Attachments Alec Harwin expressed concern regarding the proposed language 17 - 1 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 5 , 2017 requiring a front setback of twenty-five feet and the impact it would have on townhouse development and particularly on-site parking (which was what he intended to develop) . He asked the Council to consider a ten-foot setback and to look at the Form-Based Urban Neighborhood Row House category with respect to the maximum units allowed in a building form. Councilmember Penfold requested Staff provide Council with follow- up regarding Mr. Harwin' s comments . Douglas White, attorney representing the development at Trolley Square, expressed concern with the proposed setbacks . He reviewed calculations based on the proposals and how downtown development of already-limited size properties would be impacted. Paul Christensen stated he owned property along 900 South including a lot which could be used for parking. He spoke about the current zoning/parking in the FB-UN zone and expressed frustration with parking restrictions . Scott Powell submitted a comment card wishing to speak put was not present when his name was called. Councilmember Luke moved and Councilmember Kitchen seconded to continue the public hearing to a future Council Meeting, which motion carried, all members voted aye . (P 17-23) POTENTIAL ACTION ITEMS #1 . 7: 19:57 PM Adopting an ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to small scale food production pursuant to Petition No. PLNPCM2015-00819 . The current ordinance does not differentiate between large commercial food processors (i . e. cereal manufacturing or national brands) versus smaller home grown companies. The proposal would create two new land uses: commercial food preparation and artisan food production, which would be allowed in the same zoning districts as restaurant uses and retail uses, among other changes. View Attachments Councilmember Penfold moved and Councilmember Rogers seconded to adopt Ordinance 47 of 2017 amending various sections of Title 21A of the Salt Lake City Code pertaining to small scale food production, which motion carried, all members voted aye . (P 17-21) 17 - 2 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 5 , 2017 #2 . 7:20:29 PM Adopting an ordinance amending various sections of Title 21A, Salt Lake City Code, pertaining to the AG Agricultural zoning district pursuant to Petition No . PLNPCM2017-00001 . The proposal would remove residential uses in the zone, permit the "Duck Hunting Club" use that is currently an existing use in the area, ensure uses associated with agriculture are identified as permitted uses, such as a caretaker home and accessory retail sales associated with agricultural uses, and require consultation with the Utah State Division of Wildlife Resources for solar panel installation prior to a building permit being issued in order to mitigate impacts on wildlife. The proposed changes are consistent with the Northwest Quadrant Master Plan, which the Council adopted in 2016. View Attachments Councilmember Rogers moved and Councilmember Luke seconded to adopt Ordinance 48 of 2017 amending various sections of Title 21A of the Salt Lake City Code pertaining to the AG Agricultural zoning district, which motion carried, all members voted aye . (P 17-22) #3. 7:21:04 PM Adopting an ordinance closing a portion of 800 West Street between approximately 740 North and the terminating cul-de-sac pursuant to Petition No. PLNPCM2016-01008 . The section of street is not needed or used for property access, circulation or parking. The proposal would allow for the development of a community center that would serve immigrants and refugees . If adopted, the status of the property would be changed from a public street to a City-owned parcel and the City would lease it to the Good Samaritan Foundation, a non-profit that provides employment counseling, English language courses, citizenship classes, after-school tutoring, and walk-in support on issues ranging from health care to navigating the public transit system. Petitioner: Salt Lake City Real Estate Division. View Attachments Councilmember Rogers moved and Councilmember Johnson seconded to adopt Ordinance 49 of 2017 closing a portion of 800 West Street as a public right-of-way, between approximately 740 North and the terminating cul-de-sac. Councilmember Mendenhall commented the Council had received feedback from a carpenters union (who had an idea worth exploring at the Council level) encouraging the City to select responsible contractors to ensure area standards were upheld for new City construction. She said it was too late to consider for this current property/process however, she wanted to consider their recommendation when the City gifts a property/parcel (even if it' s a street ownership) to bind the recipient to the same standards of hiring practices as the City. Councilmember Luke said he had spoken with the same folks and he was also supportive 17 - 3 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 5 , 2017 of considering the idea. Councilmember Penfold said the Council had discussed revisiting the ordinance regarding purchasing, construction, and bidding. He asked Council Members Mendenhall and Luke if this would fit in with that ordinance or if it was something in addition. Councilmember Luke indicated it may or may not fit in however; the ordinance Councilmember Penfold was referring to dealt specifically with City projects and this was something which was City owned. He said the City Attorney would need to review it and see where it would best fit in City Code . Councilmember Penfold suggested it may be appropriate to combine those discussions . Councilmember Adams called for the question, which motion carried, all members voted aye . (P 17-17) #4 . Adopting a resolution about a Public Benefits Analysis related to leasing an undeveloped City-owned parcel at approximately 800 North 800 West and adjacent City-owned cul-de-sac to the Good Samaritan Foundation. The proposed use of the property is to allow for the development of a community center that would serve the needs of Salt Lake City's refugee and immigrant community. View Attachments Councilmember Rogers moved and Councilmember Johnston seconded to adopt Resolution 22 of 2017 to lease City owned property at approximately 800 North 800 West to the Good Samaritan Foundation for construction and operation of a community center, which motion carried, all members voted aye . (R 17-6) QUESTIONS TO THE MAYOR 7 :24:57 PM Councilmember Adams inquired to the timeline for hiring an Airport Director. Mr. Leary stated the first round of interviews would begin tomorrow and he was hoping to forward a candidate to the Council by the end of the month. Councilmember Mendenhall inquired to the timeline for hiring a Transportation Director. Mr. Leary indicated Mike Reberg, Community and Neighborhoods Director, was currently conducting interviews and they were hoping to have the position filled within a couple of weeks . 7 :27 : 06 PM Councilmember Penfold read a statement on behalf of the City Council regarding a recent incident involving a Salt Lake City police officer and a University of Utah nurse . View Council Statement 17 - 4 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 5 , 2017 Councilmember Penfold asked as the Council Chair, that the City Attorney help the Council understand the City process for review and discipline of a public employee . Ms . Plane explained the importance of State and Constitutional law (which employees have protection under) and the City' s legal obligation to comply with the Union Contract. Councilmember Kitchen asked Ms . Plane to articulate more clearly (for the general public) the City' s internal process/procedures . Ms . Plane generally explained what the process/procedures involved. COMMENTS TO THE CITY COUNCIL 7:26:29 PM Amir Cornell spoke regarding concerns of panhandling at the Eccles Theater and throughout City venues following events and recommended solutions . Allen Sanderson questioned why the officer involved with the recent incident involving a University of Utah nurse was still on duty. He spoke about the current Administrative Leave Policy and recommended amendments to the policy. James Berensen questioned why the Council could not interact with citizens while making comments . He challenged Council Members from Districts 1, 3, 5, and 7 to hold public debates in the library in each district. He also expressed frustration concerning City financials and said he filed a complaint requesting an audit of the budget. Dave Iltis stated it was time for the City to adopt a more progressive transportation policy and expressed frustration with the Mayor' s decision to not follow any of the plans currently in place . He said an update was needed to the Complete Streets Ordinance. Chase Adolphson spoke about recent wars, friends/enemies, and terrorism. He stated all countries should unite against terrorism and share land. NEW BUSINESS #1 . 7:46:51 PM Approving additional commissioners to the Central Wasatch Commission. The Council will consider adopting a resolution approving commissioner appointments to the Central Wasatch Commission Board. View Attachments Councilmember Kitchen moved and Councilmember Luke seconded to adopt Resolution 23 of 2017 appointing Park City Council Member Andy Beerman and Utah Department of Transportation Executive Director Carlos Braceras to serve as additional commissioners on the Central Wasatch 17 - 5 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 5, 2017 Commission, which motion carried, all members voted aye . (R 17-10) CONSENT 7 :47 :33 PM Councilmember Mendenhall moved and Councilmember Penfold seconded to adopt the Consent Agenda excluding Item No. 10 (Housing Trust Fund Advisory Board appointment-Sean Umipig) , which motion carried, all members voted aye . #1. set the date of Tuesday, September 19, 2017 at 7 : 00 p.m. to accept public comment and consider adopting a resolution authorizing the waiver of lease fees for a portion of City-owned public right-of-way located at approximately 200 Rio Grande Street. View Attachments (R 17-9) #2 . Set the date of Tuesday, September 19, 2017 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Code pertaining to signage at the sports arena located on the block between South Temple and 100 South Streets and 300 and 400 West Streets (amending Section 21A. 46. 110 .A. 3 .b) pursuant to Petition No . PLNPCM2017-00407 . The proposal would allow for more and larger signs on the block. Petitioner: Larry H. Miller Arena Corporation . View Attachments (P 17-25) #3 . Set the date of Tuesday, September 19, 2017 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending the zoning map pertaining to one parcel located at approximately 603 South 600 East Street to rezone the parcel from RMF-30 Low Density Multi- Family Residential District to R-MU-35 Residential/Mixed Use District pursuant to Petition No . PLNPCM2017-00373 . The proposal would allow the petitioner to develop a multi-family building with 24 residential units. Current ordinance would only allow three residential units. Although the applicant has requested that the properties be zoned R-MU-35 Residential/Mixed Use District, consideration may be given to rezoning the properties to another zoning district with similar characteristics. Petitioner: Trolley Square Ventures LLC. View Attachments (P 17-26) #4 . Set the date of Tuesday, September 19, 2017 at 7 : 00 p.m. to accept public comment and consider adopting a resolution authorizing submission of an application for general-purpose Foreign Trade Zone Number 30 to the Foreign-Trade Zones Board to create the service area under the Alternative Site Framework. The City 's FTZ is located in the Northwest Quadrant. Foreign Trade Zones are a federal level incentive 17 - 6 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 5, 2017 that reduce tariffs and provide other benefits for international business operations. Under the proposal, the City would submit an application to have the City 's zone operate under the Alternative Site Framework (ASF) , which allows the extension of FTZ benefits to areas outside of existing zones without the lengthy application and administrative overhead seen previously with the traditional operation of Foreign Trade Zones. ASF is intended to offer flexibility and to attract users/ operators of fixed sites and enable designation of sites as future demands arise. View Attachments (R 17-8) #5 . Set the date of Tuesday, September 19, 2017 at 7 : 00 p.m. to accept public comment and consider adopting a resolution allocating the City' s Capital Improvement Program for Fiscal Year 2017-18 . General Fund capital improvement projects involve the construction, purchase or renovation of buildings, parks, streets or other physical structures. Generally, projects have a useful life of five or more years and cost $50, 000 or more. View Attachments (B 17-1) #6 . Set the date of Tuesday, October 3, 2017 at 7 : 00 p.m. to accept public comment and 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 (P 17-27) #7 . Set the date of Tuesday, October 3, 2017 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance vacating two unnamed city-owned alleys and closing an unimproved portion of Dalton Avenue adjacent to property located at 408 West Dalton Avenue pursuant to Petition Nos . PLNPCM201 7-00087 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 (P 17-28) #8 . Set the date of Tuesday, October 3, 2017 at 7 : 00 p.m. to accept public comment and consider adopting a resolution authorizing the waiver of fees associated with the construction of the Salt Lake County Health 17 - 7 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 5, 2017 Department' s new Salt Lake City Public Health Center located at 610 South 200 East. View Attachments (R 17-11) #9 . Approving the appointment of Edward Makowski prior to the Housing Trust Fund Advisory Board for a term extending through December 2, 2019 . View Attachments (I 17-23) #10 . Item Pulled. Approving the appointment of Sean Umipig to the Housing Trust Fund Advisory Board for a term extending through December 2, 2019 . View Attachments (I 17-23) #11 . Approving the appointment of Todd Erskine to the Housing Trust Fund Advisory Board for a term extending through December 2, 2019 . View Attachments (I 17-23) #12 . Approving the reappointment of Craig Call to the Board of Appeals and Examiners for a term extending through September 5, 2022 . View Attachments (I 17-24) #13 . Approving the reappointment of David Richardson to the Historic Landmark Commission for a term extending through September 5, 2021 . View Attachments (I 17-17) The meeting adjourned at 7 : 48 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 September 5, 2017 . 17 - 8 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, September 5, 2017 ks 17 - 9