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12/08/2009 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 8, 2009 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 8, 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; David Everitt, Mayor' s Chief of Staff; and Scott Crandall, Deputy City Recorder; were present. Councilmember Christensen presided at and conducted the meeting. OPENING CEREMONY #1. 7 : 06:46 PM The Council led the Pledge of Allegiance. #2. 7:07: 17 PM Comments from outgoing City Councilmember Eric Jergensen, recognition of service and presentation of gift. #3. 7:22:31 PM Recognition of outgoing City Council Chair Carlton Christensen and presentation of gift. #4. 7 :30: 09 PM Councilmember Simonsen moved and Councilmember Martin seconded to approve the minutes for the Salt Lake City Council meeting held November 20, 2009, which motion carried, all members voted aye. (M 09-3) PUBLIC HEARINGS #1. RE: 7:31: 01 PM Accept public comment regarding a resolution to (A) finance the cost of certain infrastructure improvements consisting of the replacement of the existing North Temple Viaduct with an auto/light rail viaduct and related improvements together with all other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; (B) defray the cost and expenses of a portion of the cost of said improvements by assessments to be levied against properties benefited by such improvements; and (C) provide notice of intention to designate an Assessment Area, to authorize such improvements, and 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; to authorize advertisement of construction bids; and related matters. View Attachments Council Members Jergensen and Martin were recused. 7:31:59 PM Ben McAdams, Mayor's Senior Advisor, said the Administration wanted to request that the Council continue the protest hearing to a future meeting in January, 2010. He said there were some evolving issues the Administration wanted to resolve before the meeting was held. The Boyer Company submitted written comments in protest of the proposal. Councilmember Love moved and Councilmember Simonsen seconded to continue the public hearing to a date in January, 2010, which motion carried, all members voted aye, except Council Members Jergensen and Martin, who were recused. (Q 09-9) 09 - 170 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 8 , 2009 POTENTIAL ACTION ITEMS #1. RE: 7 :34:48 PM Adopting an ordinance amending Section 6.08.084 and Section 6.08.120, Salt Lake City Code, exempting social clubs, taverns, brewpubs and microbreweries from certain City spacing regulations if those businesses are located within both Alcohol District A described in City Map No. 19372 titled Alcohol License Districts and within any of the following zoning districts: Central Business District (D-1) ; Downtown Support District (D-2) ; Downtown Warehouse Residential (D-3) ; and Secondary Central Business District (D-4) . View Attachments Councilmember Garrott moved and Councilmember Simonsen seconded that the City Council initiate, pursuant to Section 21A.50.030 of the Salt Lake City Code, an amendment to the text of the Table of Permitted and Conditional Uses in the D-2 and D-3 zones to make social clubs, taverns and micro-breweries a conditional use instead of a permitted use, with the request that the Planning Division prepare the application on behalf of the Council and further moved that the City Council adopt Ordinance 73 of 2009, amending Sections 6.08.084 and 6.08.120, Salt Lake City Code, pertaining to the spacing of brewpubs and microbreweries, taverns and social clubs, if the businesses are located within both Alcohol License District A and a D-1, D-2, D-3 or D-4 zone. 7:36:24 PM Councilmember Garrott thanked those who had participated in the process and felt the proposal would help Salt Lake become a unique/attractive American city which people would come to visit. Councilmember Christensen called for the question, which motion carried, all members voted aye. (0 09-40) #2. RE: 7 :38: 01 PM 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 Councilmember Jergensen moved and Councilmember Simonsen seconded to adopt Ordinance 74 of 2009. 7:38:44 PM Councilmember Jergensen thanked those who participated in the process and hoped the ordinance would help address some of the difficulties the City had with landlords who did not take care of their rental properties/responsibilities. Councilmember Garrott thanked Councilmember Jergensen for his leadership on this issue and everyone else who had been involved. He said this was a difficult issue but felt the proposal would improve rental properties, reduce nuisances and make landlords more responsive to tenants. Councilmember Christensen called for the question, which motion carried, all members voted aye. (0 09-39) COMMENTS TO THE CITY COUNCIL 7 :42:28 PM Jihad Al-Ali requested a hearing regarding "Culting" crimes. Jean Arnold, Barbara RuFenacht, Jeff Salt, Ray Wheeler, Dan Potts and John Liston spoke or submitted written comments in opposition to the proposed sports complex to be located along the Jordan River. 09 - 171 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 8 , 2009 Shawn Halladay and John Gygi spoke in favor of the proposed sports complex. UNFINISHED BUSINESS #1. RE: 8: 04:31 PM Adopting a resolution providing for a public hearing on January 5, 2010 at 7:00 p.m. to accept public comment relating to authorizing the issuance and sale of up to $20,000, 000 aggregate principal amount of the City's sales tax revenue bonds to finance all or a portion of the cost of acquiring, constructing, improving, replacing and remodeling the North Temple Viaduct which is currently located between approximately 350 West and 600 West and various other capital improvement program projects; providing for the holding of a public hearing and providing for related matters. View Attachments Council Members Jergensen and Martin were recused. Councilmember Simonsen moved and Councilmember Love seconded to adopt Resolution 74 of 2009 and set the hearing date of January 5, 2010, which motion carried, all members voted aye, except Council Members Jergensen and Martin who were recused. (Q 09-13) #2. RE: 8:02:20 PM Adopting a resolution providing for a public hearing on January 5, 2010 at 7:00 p.m. to accept public comment relating to a resolution authorizing the issuance and sale of up to $12,000, 000 aggregate principal amount of the City' s sales tax revenue bonds to finance all or a portion of the cost of acquiring, constructing, improving, reconstructing and remodeling North Temple Street between approximately 600 West and 2200 West, which is commonly referred to as the North Temple Boulevard Project, and various other capital improvement program projects; providing for the holding of a public hearing and providing for related matters. View Attachments Councilmember Simonsen moved and Councilmember Garrott seconded to adopt Resolution 75 of 2009 and set the hearing date of January 5, 2010, which motion carried, all members voted aye. (Q 09-12) #3. RE: 8: 03: 06 PM An ordinance adopting the Community Development Plan for the North Temple Viaduct Community Development Project Area, as approved by the Redevelopment Agency of Salt Lake City, and designating the plan as the official Community Development Plan for the North Temple Viaduct Community Development Project Area. View Attachments Councilmember Simonsen moved and Councilmember Love seconded to adopt Ordinance 75 of 2009, which motion carried, all members voted aye. 8:03:53 PM Councilmember Simonsen said this was the first community development area created in Salt Lake City. He said this was a new redevelopment tool created by the State Legislature a few years ago. He said it was great the City could utilize this mechanism for an important project. (T 09-4) CONSENT AGENDA 8: 03:33 PM Councilmember Jergensen moved and Councilmember Love seconded to approve the Consent Agenda, which motion carried, all members voted aye. #1. RE: Setting the date of January 5, 2010 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 17 of 09 - 172 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 8 , 2009 2009 which adopted the final budget of Salt Lake City, Utah, for the Fiscal Year beginning July 1, 2009 and ending June 30, 2010. (Amendment No. 2) View Attachments (B 09-12) #2. RE: Setting the date of January 5, 2010 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Section 5.04.160, Salt Lake City Code, "Innkeeper License Tax", by changing the description of the accommodations covered by the innkeeper license tax to more closely match the description provided in the state tax code; by providing for the innkeeper license tax to be assessed quarterly rather than annually; and by providing for the imposition of penalties and interest as provided by Sections 59-4-101 and 59-4-102 of the Utah Code Ann. (0 09-34) #3. RE: Approve the transfer of the following grant projects: State of Utah, Certified Local Government Program, Intensive Level Survey Historic Preservation; Utah Department of Public Safety, 2009 Homeland Security Grant, Urban Area Security Initiative-UASI; US Department of Health and Human Services SAMHSA-Drug Free Communities Grant; from the Grant Holding Account and establish a project budget for each grant to be confirmed in a formal budget opening. View Attachments (B 09-13) The meeting adjourned at 8:05 p.m. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held December 8, 2009. sc 09 - 173