04/13/2010 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 13 , 2010
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, April 13, 2010 at 7 : 00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State.
The following Council Members were present:
Carlton Christensen JT Martin Stan Penfold
Jill Remington Love Soren Simonsen Luke Garrott
Van Turner
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; Mayor Ralph Becker; and Scott Crandall, Deputy City Recorder;
were present.
Councilmember Martin presided at and Councilmember Penfold
conducted the meeting.
OPENING CEREMONY
#1. 7:00:41 PM The Council led the Pledge of Allegiance .
#3. 7:02:12 PM Councilmember Turner moved and Councilmember
Simonsen seconded to approve the minutes for the Salt Lake City Council
meeting held March 30 , 2010, which motion carried, all members voted
aye .
(M 10-3)
PUBLIC HEARINGS
#1 . RE: 7:03:46 PM Accept public comment and consider adopting a
resolution authorizing Salt Lake City Corporation to file an eminent
domain action concerning a billboard located at 204 West 2100 South in
accordance with Utah Code Sections 78B-6-501, et seq. , 72-7501, et seq.
and 10-9a-513 . View Attachments
Councilmember Martin moved and Councilmember Simonsen seconded to
continue the public hearing to a future Council meeting, which motion
carried, all members voted aye .
(R 10-5)
#2 . RE: 7:05:35PM Accept public comment regarding a resolution to
(a) finance the cost of certain infrastructure improvements consisting
of the reconstruction of the roadway pavement, and the construction and
installation of the Jordan River bridge, curbs, multipurpose walkways,
driveway approaches, walkway access ramps, bicycle and pedestrian
paths, pedestrian crosswalks, decorative walkway pavements and
treatments, street corner treatments, park strip landscaping,
irrigation systems, landscaped median islands, site acquisitions, storm
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 13 , 2010
drainage facilities, street and pedestrian lighting system, traffic
signals, and public art, together with all other miscellaneous work
necessary to complete the improvements in a proper and workmanlike
manner; (b) pay a portion of the cost of said improvements by
assessments to be levied against properties benefited by such
improvements; (c) pay certain operation and maintenance costs with
respect to street and pedestrian lighting, landscaping, irrigation
system, and pedestrian walkways by assessments to be levied against
properties benefited by such improvements; (d) provide notice of
intention to designate an assessment area, to authorize such
improvements, and to fix a time and place for protests against such
improvements or the designation of said assessment area; to declare the
City' s official intention to reimburse itself for expenditures paid by
it prior to the issuance of tax-exempt bonds; and related matters .
(North Temple Boulevard SAA) View Attachments
Greg Gruber, Bill Puckett, Muriel Wilson, Bart Timothy and Gary
Sandberg spoke in opposition of the proposal . Comments included
detrimental impact on local businesses, disrupted ingress/egress,
excessive assessment, voluntary contributions, financial hardship, lots
impacted by viaduct development, Utah Transit Authority disputes,
access to public information, justify assessment, recession impact,
declining property values, escalating maintenance fees, potential
business failures, consider business owners needs/concerns, distribute
financial burden fairly and destruction of mature trees/vegetation.
Councilmember Christensen moved and Councilmember Simonsen
seconded to close the public hearing.
Councilmember Penfold asked for clarification on the issue . Ms .
Gust-Jenson said she wanted to read a statement to address a question
raised during the comment period regarding the status of the proposal
with respect to the percentage of protests . She said the Council
received the final tabulations for the original special assessment
area, which tallied 51 . 53% of property owners . She said the percentage
was calculated using individual property owners street frontage as
compared to the total street frontage . She said according to State
statue, the Council could not adopt the SAA as proposed. She said a
complete list was provided to Council Members .
Ms . Gust-Jenson said staff' s recommendation was for Council to
totally close out this special assessment area by adopting a resolution
during next week' s Council meeting. She said this would bring a clear
end to the current proposal . She said the Administration planned to
present a new proposal at the next meeting and to ask the Council to
adopt an additional resolution initiating the new proposal . She said
new figures would be included in the proposal .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 13 , 2010
Councilmember Christensen said originally there was discussion
with property owners about continuing the current process/proposal . He
said after Ms . Gust-Jenson' s statement, he thought it was clear the
process would start over again should the Council choose to pursue
that. He said unless mistaken, he felt it was important for property
owners to understand that any current protests would not count toward a
future district . Ms . Gust-Jenson said that was correct. She said the
current proposal would be entirely closed out and a new/separate
proposal would be presented to the Council based on feedback from the
Administration.
Councilmember Penfold called for the question, which motion
carried, all members voted aye .
(Q 10-2)
POTENTIAL ACTION ITEMS
#1. RE: 7:21:56 PM Adopting an ordinance amending Salt Lake City
Ordinance 17 of 2009 which adopted the final budget of Salt Lake City,
Utah, for the Fiscal Year beginning July 1 , 2009 and ending June 30,
2010 . View Attachments
Councilmember Simonsen moved and Councilmember Christensen
seconded to adopt Ordinance 22 of 2010 , authorizing the budget transfer
of $1 , 647,840 from the Surplus Land Account for the purposes of the
Public Safety Complex block and potential Transit Oriented Development,
which motion carried, all members voted aye, except Councilmember
Martin, who was absent for the vote .
Councilmember Simonsen moved and Councilmember Turner seconded to
adopt Ordinance 22 of 2010, authorizing the reduction of the Council
Office budget by $24 ,000 . A roll call vote was taken, which motion
carried, all members voted aye, except Council Members Garrott and
Martin, who voted nay.
Councilmember Simonsen moved and Councilmember Garrott seconded to
adopt Ordinance 22 of 2010, postponing the payment of a $300 one-time
employee insurance reimbursement as initially proposed by the
Administration, which motion carried, all members voted aye .
Councilmember Christensen moved and Councilmember Love seconded to
adopt Ordinance 22 of 2010, authorizing all proposed revenue
transfers/increases into the General Fund (including $1 . 8 million from
Downtown CIP Project, $1, 630,067 from closed CIP Projects, $100,000
from increases in Engineering Billings, $29,000 from Youth Services
Fees, $10,000 from HOME Administrative Funds. A roll call vote was
taken, which motion carried, all members voted aye, except Council
Members Garrott and Simonsen, who voted nay.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 13, 2010
Councilmember Simonsen moved and Councilmember Christensen
seconded to adopt Ordinance 22 of 2010, authorizing all other budget
reductions as proposed by the Administration, which motion carried, all
members voted aye .
(B 10-4)
#2 . RE: 7:26:04 PM Adopting an ordinance amending certain Sections
of Title 21A Zoning, Salt Lake City Code, regarding planned
developments pursuant to Petition No . PLNPCM2009-00749 . View
Attachments
Councilmember Garrott moved and Councilmember Simonsen seconded
that the Council request that the Administration evaluate allowing
planned developments with no minimum lot size for all properties listed
on the National Historic Register and in City Historic Districts as
part of the next phase of revisions for the planned development
regulations and further moved that the Council adopt Ordinance 23 of
2010, changing the City' s zoning regulations related to planned
developments as recommended by the Planning Commission.
Councilmember Garrott said this proposal related to implementation
of some Council goals for the new preservation plan. He said the
Administration indicated there would be a second round of PUD proposals
and he wanted to ensure that historical preservation as stated in the
motion was part of those second round proposals .
Councilmember Christensen asked for clarification of the motion.
He said he thought the first part of the motion was a legislative
intent and was not meant to be part of the ordinance being adopted. He
said he felt the motion needed to be clear and wondered if bifurcating
the two issues would help avoid confusion.
Edwin Rutan, City Attorney, said he understood the first part of
the motion to be a legislative intent and was okay procedurally with
them being in the same motion.
Councilmember Penfold called for the question, which motion
carried, all members voted aye .
(P 10-3)
COMMENTS TO THE CITY COUNCIL 7:29:44 PM
Douglas Cotant said he wanted to serve on the Police Civilian
Review Board and asked for information about the board. He said
residents at the New Grand Apartments wanted permission to place
benches outside the building.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 13 , 2010
NEW BUSINESS
#1 . RE : 7:32:07 PM Adopting a resolution authorizing Salt Lake
City to apply for a grant award from the United States Bureau of
Reclamation for Water Efficiency and Conservation. View Attachments
Councilmember Garrott moved and Councilmember Simonsen seconded to
suspend the rules and adopt Resolution 18 of 2010, which motion
carried, all members voted aye .
(R 10-6)
UNFINISHED BUSINESS
#1 . RE: 7:32:56 PM Adopting an ordinance confirming the equalized
assessment list and levying an assessment against certain properties in
the Salt Lake City, Utah Central Business Improvement Assessment Area
No. CBIA-10 (the "CBIA-10 Assessment Area") , for the purpose of
continuing to promote business activity and economic development in an
area of the Central Downtown Salt Lake City, including but not limited
to, advertising, banners, special events and festivals, newsletters and
publications, Christmas lighting, and special projects (the "Economic
Promotion Activities") in the downtown area; establishing the effective
date of this ordinance; and related matters. View Attachments
Councilmember Garrott moved and Councilmember Simonsen seconded to
adopt Ordinance 24 of 2010, which motion carried, all members voted
aye .
(Q 09-10)
CONSENT AGENDA 7:33:42 PM
Councilmember Garrott moved and Councilmember Simonsen seconded to
approve the Consent Agenda, which motion carried, all members voted
aye .
#1 . RE : Approving the appointment of Igor Best-Devereux to the
Airport Board for a term extending through January 20, 2014 .
(I 10-10)
#2 . RE: Approving the appointment of Michael Gallivan to the
Airport Board for a term extending through January 20, 2014 .
(I 10-10)
#3. RE: Setting the date of April 27, 2010 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance amending the
zoning map to eliminate the split-zoning of certain lots in or adjacent
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 13, 2010
to Historic Overlay Zoning Districts, pursuant to Petition No .
PLNPCM2009-00021 . View Attachments
(P 10-8)
#4 . RE: Setting the date of April 27, 2010 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance amending
certain Sections of Title 21A (Zoning) , Salt Lake City Code, pertaining
to Eleemosynary Facilities pursuant to Petition No . PLNPCM2008-00937 .
View Attachments
(P 10-9)
The meeting adjourned at 7 : 34 p .m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held April
13, 2010 .
sc
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