12/01/2009 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 1, 2009
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, December 1, 2009 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 Eric Jergensen
Jill Remington Love Soren Simonsen Luke Garrott
Van Turner
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff;
and Beverly Jones, Deputy City Recorder; were present.
Councilmember Christensen presided at and conducted the meeting.
OPENING CEREMONY
#1 . 7 : 07 :23 PM Scout Troop #345 led the Pledge of Allegiance.
#2 . 7 : 09:37 PM The Council will consider adopting a joint
resolution with Mayor Becker in observation of December 1st as World
AIDS Day. View Attachments
Mayor Becker read the resolution.
Councilmember Simonsen moved and Councilmember Turner seconded to
adopt Resolution 69 of 2009, which motion carried, all members voted
aye .
(R 09-1)
#3. 7 : 09 : 14 PM Councilmember Garrott moved and Councilmember
Simonsen seconded to approve the minutes of the Salt Lake City Council
meetings held November 5 , 2009, November 10, 2009 and November 17,
2009, which motion carried, all members voted aye . View Attachments
(M 09-3)
PUBLIC HEARINGS
#1. RE: 7 : 13 : 44 PM Accept public comment and consider a
resolution adopting the 2009 Water Conservation Master Plan as required
by Utah Code Ann. Section § 73-10-32 . View Attachments
Councilmember Garrott moved and Councilmember Turner seconded to
close the public hearing, which motion carried, all members voted aye .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 1, 2009
Councilmember Jergensen moved and Councilmember Simonsen seconded
to adopt Resolution 70 of 2009, which motion carried, all members voted
aye .
(T 09-3)
#2 . RE: 7 : 14 : 40 PM Accept public comment and consider adopting
an ordinance amending Salt Lake City Ordinance 41 of 2009 which adopted
the final budget for the Library Fund of Salt Lake City, Utah, for the
Fiscal Year beginning July 1, 2009 and ending June 30, 2010 . View
Attachments
Councilmember Turner moved and Councilmember Simonsen seconded to
close the public hearing, which motion carried, all members voted aye.
Councilmember Garrott moved and Councilmember Turner seconded to
adopt Ordinance 68 of 2009, which motion carried, all members voted
aye .
(B 09-2)
#3. RE: 7 : 16: 44 PM Accept public comment and consider adopting
an ordinance amending Section 6 . 08 . 084, Salt Lake City Code, pertaining
to spacing of brewpubs and microbreweries, exempting those located
within both liquor District A and a D-1, D-2, D-3 or D-4 zone from the
requirement that only one brewpub or microbrewery may be located on
either side of a major street; and amending Section 6 . 08 . 120, Salt Lake
City Code, setting forth location restrictions for Class C beer
licenses and Class B and C private club licenses, to eliminate spacing
restrictions between licensed establishments that are within both
liquor District A and D-1, D-2, D-3 or D-4 zone. View Attachments
Christian Harrison and Carl Armknecht spoke in favor of the
proposed ordinance .
Councilmember Simonsen moved and Councilmember Love seconded to
close the public hearing, which motion carried, all members voted aye .
Councilmember Garrott moved and Councilmember Love seconded to
adopt the ordinance .
Councilmember Love said the Administration was looking to down
zone "D" zones . She said she felt down zoning was appropriate . David
Everitt, Mayor' s Chief of Staff, said they would be bringing forth
changes regarding the D-2 and D-3 zones to establish conditional uses
in those areas . He said based on conversations over the last few
weeks, they would move forward with a petition to rezone parts of the
D-zone at 900 South 300 West.
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TUESDAY, DECEMBER 1, 2009
Councilmember Jergensen said he was concerned if the ordinance
passed even though the Administration had indicated the petition would
be forth coming, there would be a period of time when there would be an
opening in the ordinance . He said restrictions could be put in place
to indicate change was coming.
Mr. Everitt said the value in passing the ordinance right now
outweighed the minimal risk for those areas . He said Business
Licensing could flag any applications which applied to that area in
general . Councilmember Simonsen said the Council could set an
effective date to allow time to work on rezoning applications .
Councilmember Garrott said the biggest threat to these
neighborhoods was not alcohol establishments because those
establishments would have to locate in commercial areas . He said it
was residential development that would level single family homes
because the D-4 zone allowed tall building heights .
Councilmember Jergensen moved and Councilmember Turner seconded to
make a substitute motion to defer consideration of this ordinance until
the December 8th, 2009 meeting.
Councilmember Jergensen said he felt it would help the Council
spend time discussing exactly how to put that particular condition into
place .
Councilmember Christensen called for a roll call vote, which
motion carried Council Members Simonsen, Martin, Love, Garrott,
Jergensen, Turner and Christensen voted aye, .
(0 09-40)
#4 . RE: 7 :33: 45 PM Accept public comment and consider adopting a
proposed ordinance enacting Chapter 5. 15, Salt Lake City Code,
establishing the Landlord/Tenant Initiative Program and making related
changes to Salt Lake City Code, Chapter 5. 04 — Business Licenses, and
Chapter 5. 14 - Rental Dwellings. View Attachments
The following spoke or submitted hearing cards in support of
establishing the Landlord/Tenant Initiative Program: Tara Rollins;
Sonya Martinez; Cindy Cromar; Paul Smith and Karl Armknecht.
Councilmember Jergensen moved and Councilmember Simonsen seconded
to close the public hearing and defer action to December 8, 2009, which
motion carried, all members voted aye .
(0 09-39)
#5. RE: 7 : 42 : 14 PM Allow public comment on the Draft Community
Development Plan for the North Temple Viaduct Community Development
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TUESDAY, DECEMBER 1, 2009
Project Area (CDA) and whether the Draft Project Area Plan should be
revised, approved or rejected, and receive all written and hear all
oral objections to the Draft Project Area Plan. (Redevelopment Agency
public hearing)
Councilmember Simonsen moved and Councilmember Garrott seconded to
recess as the City Council and convene as the Redevelopment Agency,
which motion carried, all members voted aye .
Councilmember Jergensen conducted the hearing as the Chair of the
Redevelopment Agency.
Scott Turville said he represented Northwestern Hospitality. He
said a decision needed to be made to support or oppose the draft and
the assessment area by next Tuesday. Boardmember Jergensen said two
different issues were being dealt with and recommended Mr. Turville
meet with Ed Butterfield.
Boardmember Garrott moved and Boardmember Simonsen seconded to
close the public hearing, which motion carried, all members voted aye .
Boardmember Christensen moved and Boardmember Turner seconded to
recess as the Redevelopment Agency and reconvene as the City Council,
which motion carried, all members voted aye .
(T 09-4)
POTENTIAL ACTION ITEMS
#1. RE: 7 :51: 17 PM Adopting an ordinance amending the land use
designation of the Northwest Community Master Plan Future Land Use Map
for property located at approximately 356-358 North Redwood Road from
Parks/Open Space to Medium Density Residential pursuant to Petition No .
400-08-10 . (Juston Puchar, Crestview Holdings) View Attachments
Councilmember Turner moved and Councilmember Jergensen seconded to
deny the petition, which motion carried, all members voted aye .
(P 09-19)
#2 . RE: 7 : 51 : 33 PM Adopting an ordinance amending certain
Sections of Title 21A, Zoning, Salt Lake City Code, to provide
additional clarity and efficiency in land use regulation regarding
notice and appeals pursuant to Petition No. PLNPCM2009-00106 . View
Attachments
Councilmember Jergensen moved and Councilmember Simonsen seconded
to adopt Ordinance 69 of 2009.
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TUESDAY, DECEMBER 1, 2009
Councilmember Jergensen said the ordinance would help streamline
City procedures . He said community councils were concerned because of
changes to procedures as it related to community councils . He said
those changes would be deferred to a later date . He said until
discussion took place, the same procedures used now would continue .
Councilmember Christensen called for the question, which motion
carried, all members voted aye .
(P 09-12)
#3. RE: 7 : 57 : 17 PM Adopting an ordinance amending certain
provisions of Titles 18, Building, and 21A, Zoning, Salt Lake City
Code, pertaining to residential condominium conversions pursuant to
Petition No. PLNPCM2008-00409 . View Attachments
Councilmember Garrott moved and Councilmember Jergensen seconded
to adopt Ordinance 70 of 2009 amending Title 18, Building and
Construction, and Title 21A, Zoning, relating to residential
condominium conversions with the changes requested by the City Council,
which motion carried, all members voted aye .
(P 09-17)
#4 . RE: 8 : 00 :22 PM Adopting an ordinance amending Section
8 . 04 . 010, Salt Lake City Code, to add definitions related to beekeeping
and enacting Chapter 8 . 10, Salt Lake City Code, pertaining to animal
control regulations to authorize beekeeping within the City subject to
certain requirements . View Attachments
Councilmember Martin moved and Councilmember Garrott seconded to
adopt Ordinance 71 of 2009 .
Councilmember Martin said one or two beekeepers living in Salt
Lake City had volunteered their time and resources to place and
maintain a City beehive (s) at City Hall . He said he wanted to encourage
the Administration to check into this .
Councilmember Christensen called for the question, which motion
carried, all members voted aye .
(0 09-23)
#5 . RE: 8 : 04 :23 PM Adopting an ordinance amending Sections
8 . 08 . 010, 8 . 08 . 060 and 8 . 08 . 080 and enacting Section 8 . 08 . 065, Salt
Lake City Code, pertaining to animal control regulations to authorize
the keeping of chickens in residential districts subject to certain
requirements . View Attachments
Councilmember Garrott moved and Councilmember Simonsen seconded to
adopt Ordinance 72 of 2009 amending Sections 8 . 08 . 010 , 8 . 08 . 060 and
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TUESDAY, DECEMBER 1 , 2009
8 . 08 . 080 , Salt Lake City Code, authorizing the keeping of chickens in
residential districts subject to certain requirements as proposed in
the alternate version to allow for keeping of chickens in multi-family
dwellings .
Councilmember Garrott said 25-foot requirements from adjacent
property lines would be in effect and this would allow residential
units that were not single family to raise chickens . He said all
restrictions would apply. He said it would be a maximum of chickens
for the building not for units within the building.
Councilmember Christensen called for the question, which motion
carried, all members voted aye .
(0 09-35)
8 : 08 : 05 PM COMMENTS TO THE CITY COUNCIL
The following spoke or submitted hearing cards in opposition to
the location and the proposed use of the Regional Sports Complex:
Jeremy King; Amy O' Connor; Ray Wheeler; Barbara Rufenacht; Jeff Salt
and Nancy Saxton.
Bill Coker spoke about the Grand Boulevard. Douglas Cotant spoke
about cracks in the sidewalks and asked why the cracks had not been
repaired. Jack Jensen said he was an owner of the open space land
known as the Jensen/Bowers property in Parley' s Canyon. He said they
had been in the process of a joint purchase of the property by Salt
Lake City and Salt Lake County for approximately one year. He said the
property was removed from the agenda with no warning. He requested the
Council put this item back on the agenda as soon as possible . Kevin
Bowers said he represented the other portion of Jensen/Bowers property.
He said the property was a gateway to the City and they wanted the
property used for the citizens . He also requested that the property be
placed back on the agenda.
UNFINISHED BUSINESS
#1 . RE: 8 :36:55 PM Adopting a resolution expressing the support
of the City Council and the Mayor for the reconstruction of the North
Temple Viaduct to support multiple transport modes . View Attachments
Council Members Jergensen and Martin recused themselves from the
discussion.
Councilmember Love moved and Councilmember Turner seconded to
adopt Resolution 68 of 2009, which motion carried, all members voted
aye except Councilmember Garrott who voted nay.
(R 09-16)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 1 , 2009
and;
Adopting a resolution approving additional expenditures for the
North Temple Grand Boulevard transit corridor design element
expenditures pursuant to an interlocal agreement between Salt Lake City
and Utah Transit Authority.
Councilmember Jergensen moved and Councilmember Love seconded to
adopt Resolution 72 of 2009, which motion carried, all members voted
aye .
(R 09-17)
#2 . RE: 8 : 35:28 PM Approving the inducement resolution for
Revenue Bonds, Series 2010A, Utah Pipe Trades Education Trust Fund
Project and schedule a public hearing on January 5, 2010 at 7 : 00 p.m.
regarding a resolution authorizing the issuance and sale of not more
than $4, 000, 000 aggregate principal amount of the City' s Facility
Revenue Bonds, Series 2010A (Utah Pipe Trades Project) ; and related
matters . View Attachments
Councilmember Garrott moved and Councilmember Love seconded to
adopt Resolution 71 of 2009, which motion carried, all members voted
aye .
(Q 09-11)
#3 . RE: 8 : 36 : 07 PM Adopting a resolution authorizing the
issuance and providing for the sale of $1, 263, 000 Salt Lake City, Utah
Special Assessment Bonds, Series 2009B (Special Assessment Area
#C103006, California Avenue) (the "Series 2009B Bonds") providing for
pricing and terms of the Series 2009B Bonds, prescribing the form, and
denomination of said bonds; providing for the continuance of a Guaranty
Fund; authorizing and approving a Bond Purchase Agreement; and related
matters . View Attachments
Councilmember Love moved and Councilmember Turner seconded to
adopt Resolution 67 of 2009, which motion carried, all members voted
aye .
(Q 08-11)
and;
Adopting a resolution authorizing the issuance and providing for
the sale of $396, 000 Salt Lake City, Utah Special Assessment Bonds,
Series 2009C (Special Assessment Area #C102145, Sidewalk Replacement,
and #C102146, Lyman Court) (the "Series 2009C Bonds") providing for
pricing and terms of the Series 2009C Bonds, prescribing the form, the
maturity and denomination of said bonds; providing for the continuance
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TUESDAY, DECEMBER 1 , 2009
of a Guaranty Fund; authorizing and approving a Bond Purchase
Agreement; and related matters .
Councilmember Love moved and Councilmember Turner seconded to
adopt Resolution 66 of 2009, which motion carried, all members voted
aye .
(Q 08-3)
CONSENT AGENDA
8:36: 42 PM Councilmember Jergensen moved and Councilmember Garrott
seconded to approve the Consent Agenda, which motion carried, all
members voted aye .
#1. RE: Approving the appointment of Mark Alvarez to the Library
Board for a term extending through June 30 , 2012 .
(I 09-23)
The meeting adjourned at 8 : 39 p.m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
December 1, 2009 .
bj
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