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01/13/2004 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 13, 2004 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, January 13, 2004, 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 Van Turner Eric Jergensen Nancy Saxton Dave Buhler Jill Remington Love Dale Lambert Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; and Scott Crandall, Deputy City Recorder were present. Councilmember Love presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Mayor Ross C. "Rocky" Anderson presented the annual State of the City report. See File M 04-1 for report. COMMENTS TO THE CITY COUNCIL Cindy Cromer spoke concerning the Central Community Master Plan. She said she was concerned about getting public input on new information and removing budgetary language from the plan. She said all plans needed to be treated equally. Lonnie Pursifull and Devin Allen spoke concerning constitutional rights. They said they were concerned about religious favoritism, assault on street preachers, and unfair charges. UNFINISHED BUSINESS #1. RE: Adopting a resolution authorizing the issuance and confirming the sale of up to $38,000,000 aggregate principal amount of Water and Sewer Revenue Bonds, Series 2004 of the City; authorizing the execution and delivery of certain documents relating to such bonds; and providing for related matters. View Attachment Councilmember Christensen said the interest rate appeared to be higher than it had been in the past and asked if that was anticipated when the City went to market. Jim Lewis, Public Utilities Finance Administrator, said the City was able to secure a good sale date and the rate came in approximately $100,000 per year lower than anticipated. Councilmember Turner moved and Councilmember Jergensen seconded to adopt Resolution 3 of 2004, which motion carried, all members voted aye. (Q 04-1) #2. RE: Adopting an ordinance amending the table of uses for the Gateway Mixed-Use zoning district to make department stores either a conditional use or a permitted use and related matters pursuant to Petition No. 400-03-20. View Attachment Councilmember Buhler said he felt the motion was consistent with Council action taken in October 2003. He said he anticipated the Council would approve the next item which would redefine department stores in an advantageous way. Councilmember Love said she would vote against the motion to be consistent with her October 2003 vote. 04 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 13, 2004 Councilmember Saxton moved and Councilmember Buhler seconded to not adopt Petition 400-03-20, which motion carried, all members voted aye, except Councilmember Love who voted nay. (P 03-22) #3. RE: Adopting an ordinance redefining the term "department store" and amending the Downtown and Gateway Mixed-Use districts tables of permitted and conditional uses, and creating a new overlay district to define the Downtown Main Street Core Overlay District pursuant to Petition No. 400-03-23. View Attachment Councilmember Lambert said he worked hard on issues relating to the City's downtown area and supported the Council' s policy that Main Street was the heart of commercial business in downtown. He said any actions which weakened Main Street, not only hurt the downtown area but the City as a whole. He said because of his conviction to Main Street he was concerned when the City encouraged and assisted the Gateway development. He said he learned that Gateway was a unique destination which helped the City compete with the suburbs. He said Gateway was designed to be an attractive entertainment center with specialty shops where large retail anchors were excluded. He said Gateway was not developed to displace Main Street as the primary retail center for downtown Salt Lake City. Councilmember Lambert said previously adopted square footage requirements and penalties had been or would be removed which would allow conventional department stores, mass merchandising stores and superstores to locate in Gateway. Councilmember Lambert said the City had not established restrictions which limited the number of large retail anchors at Gateway or the overall amount of retail either at Gateway or on Main Street. Councilmember Lambert said without limitations, he believed Gateway would become larger than Main Street malls and displace Main Street as the primary retail center for downtown. He said he felt there were reasonable justifications for making policy changes but felt the Council had gone too far. Councilmember Buhler said he felt everyone wanted a successful downtown. He said action taken in October would help insure Main Street maintained a particular niche which was different from Gateway. He said he hoped the Planning Commission and City staff had found a better way to define department stores so certain types of large anchors could be successful at Gateway while preserving certain Main Street characteristics. He said the Gateway and Main Street areas needed to be successful and felt the proposal provided a good balance. He said he had concerns about too much retail in downtown and wondered if the proposal would exacerbate the situation. Councilmember Buhler said he felt market forces would limit retail and preferred that approach over having the City regulate the amount of retail a specific area could have. He said though no solution was perfect, he felt the proposal provided a good solution and was optimistic about the long term future of downtown. Councilmember Christensen said he felt the ordinance provided definitions which had not previously existed. He said the proposal reinforced earlier Council action that the high fashion retail market needed to be located on Main Street. He said despite potential problems, he was optimistic certain types of uses could and should exist in the City. He said he did not want to preclude them without better justification. Councilmember Jergensen said caution was needed regarding how the definition of department store was applied as other areas of the City were considered for development. He said this was a high fluid market which would change a lot in the coming years as 04 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 13, 2004 consolidation occurred and different business models were developed. He said the City needed to develop flexibility in existing policy guidelines. He said the retail core needed to remain on Main Street but he was concerned about surrounding areas which also needed to be logically developed. He said he felt the Planning Staff had developed a document which allowed sufficient flexibility to allow development to occur naturally. Councilmember Jergensen said the residential component was growing in Gateway and needed to continue to the West. He said the Mayor wanted to bring 15,000 new residents to the City over the next seven years which would require additional services. He said he was concerned about takings issues and imposing a retail cap. He said the Gateway's boundaries were controlled by the mixed-use zone which would affect natural development. Councilmember Jergensen said he believed the proposal was an important part of the City' s future in terms of retail and residential development. He said he hoped Planning Staff would continue to review the definition of department stores in other areas of the City with similar problems. Councilmember Turner said he had studied the issues and felt there had been a lot of success with Main Street and Gateway. He said railroad tracks/yards had been replaced with successful restaurants and shops. He said the proposal to build a Wal- Mart store on the west side was welcomed by the neighborhood. He said changes at Gateway would have a positive impact on his district and benefit the entire City. Councilmember Saxton said she supported the motion and felt an honest effort had been made to find an equitable solution. She said she believed allowing the free market to drive development provided a good balance. She said she also believed that correct planning and zoning principals were needed to provide guidelines for future development. She said she felt expanding the definition of "department store" would provide specific information about what was appropriate for different areas of the City and would help make Salt Lake a vibrant and prosperous City. Councilmember Saxton said she wanted to encourage stakeholders to be creative and look for new redevelopment and recreation opportunities for downtown and the entire City. She said this was an important issue which would have a lasting impact on the City and was concerned she had not received input from citizens in her district. She said education was an untapped resource which could help revolutionize the City and State and appreciated the LDS Church's effort to include education in downtown and wanted them to continue that effort. Councilmember Love said she supported the motion. She asked if Councilmember Jergensen wanted to restate the motion to include an effective date. Councilmember Jergensen amended the motion with the effective date of January 13, 2004. Councilmember Christensen seconded the amended motion. Councilmember Lambert said he was concerned about the concept of allowing market forces to regulate retail. He said he felt this was not a complete market force matter because government money was used to subsidize and encourage development. He said zoning was used to make decisions and establish policies and the strict use of market force would eliminate the need for zoning. He said he felt the market force concept was inconsistent with the decision made last fall regarding Nordstroms. Councilmember Jergensen moved and Councilmember Christensen seconded to adopt Ordinance 4 of 2004 with an effective date of January 13, 2004, which motion carried, all members voted aye, except Councilmember Lambert who voted nay. 04 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 13, 2004 Councilmember Jergensen moved and Councilmember Lambert seconded to express Council support for the Planning Commission' s efforts to address apparent inconsistencies in the current zoning ordinance which allowed department stores to locate on approximately 47 other downtown blocks, which motion carried, all members voted aye. (P 03-26) #4. RE: Adopting a resolution authorizing loan payment deferments from Salt Lake City's HOME Investment Partnerships Program and Salt Lake City's renter re-habilitation program to Utah Non-profit Housing Corporation for the Rio Grande Hotel. View Attachment Councilmember Saxton said with the need for City housing she felt this was a unique program which provided an opportunity for citizens to leave shelters and move ahead with their lives. Councilmember Saxton moved and Councilmember Jergensen seconded to adopt Resolution 4 of 2004, which motion carried, all members voted aye. (R 04-3) #5. RE: Adopting an appropriation resolution for HOME Investment Partnerships program funding from the United States Department of Housing and Urban Development (HUD) . View Attachment Councilmember Christensen moved and Councilmember Saxton seconded to adopt Resolution 5 of 2004, which motion carried, all members voted aye. (R 04-2) #6. RE: Adopting an ordinance amending Salt Lake City Ordinance No. 58 of 2003, which adopted the final budget of Salt Lake City, including the employment staffing document, for fiscal year 2003-2004. View Attachment Councilmember Turner moved and Councilmember Buhler seconded to adopt Ordinance 5 of 2004, which motion carried, all members voted aye. (B 04-5) #7. RE: Adopting an ordinance amending the Salt Lake City Code to shift the responsibilities for Economic Development from the Department of Community and Economic Development to the Office of the Mayor and making other related changes. (Changing the name of the Department of Community and Economic Development (CED) to the Department of Community Development (DCD) . View Attachment Councilmember Lambert moved and Councilmember Jergensen seconded to adopt Ordinance 6 of 2004, which motion carried, all members voted aye. (0 04-2) #8 . RE: Consenting to the appointment of Lee Martinez to the position of Director of the Department of Community Development. Councilmember Jergensen moved and Councilmember Lambert seconded to approve the appointment, which motion carried, all members voted aye. (I 04-1) CONSENT AGENDA #1. RE: Approving the reappointment of Mark Hafey to the Land Use Appeals Board for a term extending through December 31, 2006. 04 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 13, 2004 (I 04-2) #2. RE: Approving the appointment of Kristin Noel Erskine to the Mosquito Abatement District for a term extending through December 31, 2007. (I 04-3) #3. RE: Approving the appointment of Judge Raymond Uno to the Mosquito Abatement District for a term extending through December 31, 2007. (I 04-3) #4. RE: Approving the appointment of Blaine Linck to the Mosquito Abatement District for a term extending through December 31, 2007. (I 04-3) #5. RE: Approving the reappointment of Tammy Kikuchi Nakamura to the Airport Board for a term extending through January 21, 2008. (I 04-4) #6. RE: Approving the appointment of Susan Aldous to the Library Board for a term extending through June 30, 2006. (I 04-5) #7. RE: Approving the appointment of George W. "Buzz" Welch to the Housing Authority for a term extending through October 27, 2008. (I 04-6) #8. RE: Approving the appointment of Stanley Parrish to the Golf Enterprise Fund Advisory Board for a term extending through July 16, 2007. (I 04-7) #9. RE: Approving the appointment of Spencer White to the Sugar House Park Authority for a term extending through November 1, 2008. (I 04-8) #10. RE: Approving the reappointment of Michael Jones to the Board of Adjustment for a term extending through December 31, 2008. (I 04-9) Councilmember Buhler moved and Councilmember Saxton seconded to approve the Consent Agenda, which motion carried, all members voted aye. The meeting adjourned at 8:18 p.m. sc 04 - 5