01/15/2002 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 15, 2002
The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, January
15, 2002, at 6:00 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
Jill Remington Love Nancy Saxton Dale Lambert
The following Councilmember was absent:
Dave Buhler
Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Executive Council Director; Roger
Cutler, City Attorney; and Scott Crandall, Deputy City Recorder were present.
Councilmember Christensen 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.
(M 02-1)
COMMENTS TO THE CITY COUNCIL
The following people spoke concerning housing issues: Scott McCagno, Tim Funk,
Craig Payne, Jesus Campos, Geneva Powell, Douglas Cotant, Paul Retz, and Rudy Roca.
Comments included affordable housing, off-street parking, housing studies, at-risk
housing, federal assistance, rental agreements, housing preservation, police
protection, crime prevention, evictions, and low-income housing.
The following people submitted written comments or spoke concerning taxicabs and
transportation issues: Don Winder, Ralph Elnes, Bruce Baird, and Robert Yuschak.
Comments included Olympic transportation needs, temporary/permanent solutions,
ordinance violations, license revocations, competition, select enforcement, regulatory
requirements, emergency provision for additional service providers during the Olympics,
independent contractors, and business opportunities.
Jan Bartlett spoke about the Turville development. He said although public input
was allowed, the Planning Commission did not follow proper procedure or master plan
guidelines. He said Council involvement was critical to the process of developing the
City and asked the Council to vote against the proposal.
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance closing a
portion of McClelland Street (1040 East) at approximately 2010 South pursuant to a
request by the Salt Lake City Transportation Division and Hollywood Avenue Traffic
Committee, Petition No. 400-01-09. View Attachment
ACTION: Councilmember Turner moved and Councilmember Saxton seconded to close
the public hearing, which motion carried, all members present voted aye.
Councilmember Saxton moved and Councilmember Turner seconded to postpone the
proposal until a more detailed small area master plan was developed which included a
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 15, 2002
comprehensive analysis of traffic issues, which motion carried, all members present
voted aye.
DISCUSSION: The following people submitted written comments or spoke in
opposition of the closure: Steven Richards, John Barrus, Dennis Glass, Barbara Green,
and Steve Brewster. Comments included traffic flow, tax base, business and residential
access, parking problems, deliveries, City services for garbage and snow removal,
access for police and fire services, traffic calming measures, street closure policy,
gated communities, barriers created by street closures, loss of business, illegal
turns, and master plan development.
Derek Payne spoke in favor of the proposal. He said residents supported the
traffic calming measures being taken. He said business districts were dependant on
having residential areas adjacent to them.
Alice Edvalson submitted written comments in favor of the proposal.
Councilmember Lambert said the proposal was in his district. He said it was
important to protect neighborhoods. He said the closure was supported by traffic
planners, traffic studies and 75% of surrounding neighbors. He said the Planning
Commission opposed the closure because of the gating concept. He said other concerns
included public safety, police, fire, garbage, and snow removal. He said this was not
a gated community but was an effort to provide a buffer between the residential and
business community.
Councilmember Lambert said urban planning policies over the past two years
emphasized mixed use. He said controversy was created when mixed-use neighborhoods
were discussed. He said the goal of the Sugarhouse Master Plan was to develop a small
area master plan for the Westminster Neighborhood which included a traffic plan and a
specific goal to address the McClelland Street commercial traffic situation.
Councilmember Lambert said he agreed with the motion to table the issue. He said a
small area plan needed to be develop in addition to further traffic studies. He said
the business community needed to get involved with the Westminster neighborhood and
the Sugarhouse Community Council to address traffic issues in the area.
Councilmember Saxton said there were advantages to living in neighborhoods which
were close to businesses. She said businesses located near residential areas needed to
help mitigate traffic coming through residential neighborhoods. She said residents
needed to be aware the street closure would also prevent them from accessing businesses
in the area. She said she hoped Hollywood's traffic calming measures would have a
positive influence on McClelland. She said she wanted a study done after the efforts
on Hollywood were completed.
Councilmember Turner said the installation of a gate would stop the flow of
traffic. He said traffic-calming measures were successful in other areas and wanted
to see them used in this situation.
Councilmember Jergensen said whenever business and residential areas developed
mixed uses similar traffic problems would occur. He said as transportation ordinances
were developed it would be helpful to look at areas where mixed uses would create
problems. He said he hoped specific solutions could be found which could be applied
in future mixed use areas.
(P 01-27)
#2. RE: Accept public comment and consider adopting an ordinance amending
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TUESDAY, JANUARY 15, 2002
the Zoning Ordinance allowing a veterinary office as a conditional use in the
Neighborhood Commercial (CN) zone, pursuant to Petition No. 400-01-35. View Attachment
ACTION: Councilmember Jergensen moved and Councilmember Saxton seconded to close the
public hearing, which motion carried, all members present voted aye.
Councilmember Saxton moved and Councilmember Jergensen seconded to adopt
Ordinance 2 of 2002, which motion carried, all members present voted aye.
DISCUSSION: Ray Pugsley, Sugarhouse Community Council Chair, said local
residents supported the proposal but were concerned about other potential uses allowed
by the zoning change. He said he felt veterinary services should be included in the
zoning ordinance.
(P 01-26)
#3. RE: Accept public comment and consider adopting an ordinance amending
Salt Lake City Ordinance 32 of 2001, which adopted the Final Biennial Budget of Salt
Lake City, including the employment staffing document, for Fiscal Years 2001-2002 and
2002-2003. (Budget Amendment No. 4) View Attachment
ACTION: Councilmember Saxton moved and Councilmember Turner seconded to close
the public hearing, which motion carried, all members present voted aye.
Councilmember Saxton moved and Councilmember Turner seconded to adopt Ordinance
3 of 2002, amending the fiscal year 2001-2002 and fiscal year 2002-2003 budget as
proposed for Initiatives 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17,
which motion carried, all members present voted aye.
Councilmember Saxton moved and Councilmember Jergensen seconded to approve the
$42,700 request for the Utah Arts Festival Sponsorship for one year only, which motion
carried, all members present voted aye.
Councilmember Christensen said Item No. 19, (600 North 1500 West island
landscaping and curb reconstruction) was pulled.
Councilmember Love moved and Councilmember Saxton seconded to table Initiative
No. 20 relating to Olympic issues to January 17, 2002, which motion carried, all
members present voted aye.
Councilmember Saxton moved and Councilmember Jergensen seconded to adopt
Ordinance 3 amending the fiscal year 2001-2002 budget and fiscal year 2002-2003 budget
for Initiative No. 18 only in the amount which had been donated and deposited, which
motion carried, all members present voted aye.
Rocky Fluhart, Chief Administrative Officer, asked if the intent of the motion
was to appropriate the money but that it not be spent until it was received.
Councilmember Christensen said that was correct.
Councilmember Turner moved and Councilmember Saxton seconded to adopt Ordinance
3 amending the fiscal year 2001-2002 budget and fiscal year 2002-2003 budget for
Initiative No. 21 in the amount of $12, 000 to pay for an extension of an employee' s
position through February 2002 as per the City' s Memorandum of Understanding (MOU) and
the Utah Transit Authority' s (UTA) 100% of the employment costs to be reimbursed by
UTA, which motion carried, all members present voted aye.
DISCUSSION: Kent Ament, Arts Festival Technical Director, said the Arts Festival
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did not want to leave the downtown area. He said approximately 40% of their space had
been lost to light rail and gateway construction. He said they relocated to Fairpark
and over the past two years had lost 40% of their audience and $160,000. He said the
organization could not handle another loss. He said they needed a permanent downtown
location and assistance with their infrastructure needs.
Robyn Nelson said the festival had grown from a simple street fair into an
internationally recognized arts event. She said the Arts Festival had a significant
economic impact on the City. She said approximately $830,000 per day was generated
during the four-day festival. She said the money was being infused into the local
economy.
Councilmember Lambert said he felt the Council valued the festival and wanted to
see it located downtown. He said he wanted to know if there was any evidence the
decline was a result of being located at the fairgrounds and not downtown. He said he
was concerned about spending $42, 700 for relocating the festival to the Gallivan Center
and then the following year, funding a similar amount to move to Library Square.
Ms. Nelson said evidence obtained through surveys showed patrons number one
concern was location. She said the surveys showed the decline in attendance at the
Fairpark location. She said because the Library Square project was not complete, two
moves were needed.
Councilmember Lambert asked if the Arts Festival anticipated the same expense
both years. Mr. Ament said that was correct. He said second year costs were uncertain
due to continuing changes on the Library block. He said the festival's construction
budget for 2002 was approximately $150,000. He said the Fairpark construction budget
was approximately $80,000 because a number of amenities were already in place. He said
the funding request was based on benefits they felt the City would derive from the
festival.
Councilmember Jergensen asked if infrastructure costs could be reused or were
they onetime costs. Mr. Ament said they were basically onetime costs. Councilmember
Turner said through his association with the Arts Festival, he felt a downtown location
was better for patrons and artists.
Councilmember Jergensen said he looked at the City's responsibility to assist
organizations which were integral to community building and creating a vibrant City.
He said the Arts Festival was forced to move due to construction projects and should
be relocated downtown.
Councilmember Love said other municipalities courted the Arts Festival when they
were forced to leave downtown. She said approving the funding was as a way for the
City to thank the Arts Festival for staying. She said it was important for them to
thrive in the City.
Councilmember Saxton said she wanted to look at other options for grants or loans
which could be used by the Arts Festival. She said she was also concerned about
funding two moves. She said she did not know if the move to the Library Square was
realistic. She said she did not know about noise and other impacts on the surrounding
residential community. She said it was difficult to grant money to some entities when
downtown construction was putting other vital organizations out of business.
Councilmember Christensen said traditionally the Council participated in some
sponsorships. He said he was not certain about supporting second year funding. He
said he understood the Arts Festival's need to survive and wanted to see what this
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 15, 2002
year' s outcome was.
Cindy Gust-Jenson, Executive Council Director, said a clarification was needed
on the motion regarding whether or not the funding was for one or two years. Roger
Cutler, City Attorney, said the Council could only bind the budget for one year. He
said additional funding would be subject to an appropriation the following year. The
motion was modified to reflect funding for one year only.
Councilmember Saxton said she was concerned about Initiative 10, relating to Fleet
Management. She said the Council previously questioned whether or not the manufacturer
would stand behind fleet repairs. She said she still needed an answer to the question.
She said the issue needed to be addressed so the same problems would not occur in the
future.
(B 01-12)
UNFINISHED BUSINESS
#1. RE: Adopting a resolution authorizing the Mayor to sign and accept the
grant award provided to the Salt Lake City Parks Division for the Jordan River Parkway
Trail.
ACTION: Councilmember Turner moved and Councilmember Jergensen seconded to adopt
Resolution 1 of 2002, which motion carried, all members present voted aye.
(C 02-10)
#2. RE: Adopting a resolution authorizing the Mayor to sign an interlocal
agreement between Salt Lake City Corporation and the Utah Department of Transportation
for the reconstruction of South Temple from Main Street to Virginia Street. View
Attachment
ACTION: Councilmember Saxton moved and Councilmember Turner seconded to adopt
Resolution 2 of 2002, which motion carried, all members present voted aye.
(C 98-758)
#3. RE: Adopting a resolution authorizing the Mayor to sign an interlocal
agreement between Salt Lake City Corporation and the Utah Department of Transportation
for the reconstruction of Fremont Avenue Bridge at the Jordan River. View Attachment
ACTION: Councilmember Turner moved and Councilmember Saxton seconded to adopt
Resolution 3 of 2002, which motion carried, all members present voted aye.
(C 99-1096)
#4. RE: Adopting a resolution authorizing the approval of the third amendment
to the interlocal cooperation agreement between Salt Lake City, Salt Lake County, BP
Products North America Inc. (formerly Amoco Oil Company) and Chevron U.S.A. Inc.
ACTION: Councilmember Lambert moved and Councilmember Jergensen seconded to adopt
Resolution 4 of 2002, which motion carried, all members present voted aye.
Councilmember Love was recused.
DISCUSSION: Councilmember Saxton said she wanted to know if anyone had been in contact
with any environmental groups, specifically the bird refuge people. She said she was
interested in their input because she knew they had strong opinions about some of the
canals. Ms. Gust-Jenson said she understood the purpose of the proposal was to gather
necessary data in order to proceed with a proper environmental remedy.
(C 01-1)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 15, 2002
#5. RE: Adopting an ordinance amending Chapter 68 of Title 18 of the Salt
Lake City Code, relating to Floodplain Hazard Prevention.
ACTION: Councilmember Saxton moved and Councilmember Turner seconded to adopt
Ordinance 4 of 2002, which motion carried, all members present voted aye.
(0 02-4)
#6. RE: Adopting an ordinance amending Section 5.72.130 of the Salt Lake
City Code, relating to certificate of a public convenience and necessity being required
for operation of a taxicab within the City.
ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to table the
item until January 22, 2002, which motion carried, all members present voted aye.
(0 02-5)
#7. RE: Adopting a resolution authorizing a loan from Salt Lake City's Small
Business Revolving Loan Fund to Eaglegate Automation, Inc. specifying that Daniel C.
Skeem and Gerhard Koenig will serve as personal guarantors. (Original Resolution: No.
86 of 2001) .
ACTION: Item was pulled.
(R 01-18)
CONSENT AGENDA
ACTION: Councilmember Saxton moved and Councilmember Love seconded to approve
the amended Consent Agenda, which motion carried, all members present voted aye.
#1. RE: Adopting Resolution 5 of 2002 approving Penal Bonds.
(R 02-2)
#2. RE: Setting the date of February 5, 2002 at 5:00 p.m. to accept public comment
and consider adopting an ordinance closing a portion of Utah Street (1605 West) between
California Avenue (1330 South) and High Street (1450 South) , pursuant to a petition by
DeWayne Iverson of Iverson Homes, LC. , Petition No. 400-01-53.
(P 02-1)
#3. RE: Setting the date of February 5, 2002 at 5:00 p.m. to accept public comment
and consider adopting an ordinance extending the corporate limits of Salt Lake City to
include the Red Gate Properties annexation, consisting of approximately .659 acres of
property located at 3027 South 1100 East pursuant to Petition No. 400-01-16, and
amending the Salt Lake City Zoning Map to designate and zone the area as Special
Development Pattern Residential (SR-1) upon its annexation to the City.
(P 01-5)
#4. RE: Setting the date of February 28, 2002 at 6:00 p.m. to accept public
comment and consider adopting an ordinance enacting Section 5.37.008 Salt Lake City
Code, pertaining to the definition of Animal Services; amending Section 5.37 .080, Salt
Lake City Code, pertaining to horse-drawn carriage fees; amending Section 5.37.105,
Salt Lake City Code, pertaining to license requirements for operators of horse-drawn
carriages; amending Section 5.37.110, Salt Lake City Code, pertaining to display of
license; amending Section 5.37 .115, Salt Lake City Code, pertaining to carriage
inspector prior to licensing; amending Section 5.37.120, Salt Lake City Code,
pertaining to issuance of sticker for satisfactory inspection; amending Section
5.37.125, Salt Lake City Code, pertaining to periodic inspections; amending Section
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5.37.150, Salt Lake City Code, pertaining to number of passengers in horse-drawn
carriages; amending Section 5.37.155, Salt Lake City Code, pertaining to passengers
restricted to passenger area; amending Section 5.37.160, Salt Lake City Code,
pertaining to appearance; amending Section 5.37.170, Salt Lake City Code, pertaining
to routes for horse-drawn carriages; amending Section 5.37.185, Salt Lake City Code,
pertaining to revocation or suspension; amending Section 8.04.120, Salt Lake City Code,
pertaining to numbers of cats and rabbits per residence; amending Section 8.04.280H,
Salt Lake City Code, pertaining to vicious animals; amending Section 8.04.370, Salt
Lake City Code, pertaining to animal nuisances and penalties; amending Section
8.04.410, Salt Lake City Code, pertaining to dogs attacking persons and animals;
amending Section 8.04.500, Salt Lake City Code, pertaining to violation-penalty;
amending Section 8.04.510, Salt Lake City Code, pertaining to issuance of citations -
notice of violations; amending Appendix A to Chapter 8.04, Salt Lake City Code,
regarding Salt Lake City Animal Services permits and fees; amending Section 8.05.030,
Salt Lake City Code, pertaining to offending vicious dogs; enacting Section 8.16.005,
Salt Lake City Code, pertaining to definitions; amending Section 8.16.015, Salt Lake
City Code, pertaining to identification; amending Section 8.16.025, Salt Lake City
Code, pertaining to horse certification; amending Section 8.16.035, Salt Lake City
Code, pertaining to criteria for determining health of a horse; amending Section
8.16.045, Salt Lake City Code, pertaining to Police or Animal Services orders; amending
Section 8.16.055, Salt Lake City Code, pertaining to accidents involving horse-drawn
carriages; amending Section 8.16.060, Salt Lake City Code, pertaining to horse
examination by the Office of Animal Services; amending Section 8.16.065, Salt Lake
City Code, pertaining to physical condition for work; enacting Section 8.16.067, Salt
Lake City Code, pertaining to other regulations governing carriage horses; and amending
Section 8.16.070, Salt Lake City Code, pertaining to stables and stalls.
(0 01-6)
#5. RE: Setting the date of February 5, 2002 at 5:00 p.m. to accept public comment
and consider adopting an ordinance rezoning 2,240 square feet of property located at
approximately 657 South 800 East from Special Development Pattern Residential (SR-3)
to Moderate Density Multi-Family Residential (RMF-35) , pursuant to a request by Nathan
Anderson/Willow Heights LLC, Petition No. 400-01-50.
(P 02-2)
#6. RE: Setting the date of February 5, 2002 at 5:00 p.m. to accept public comment
and consider adopting an ordinance extending the corporate limits of Salt Lake City to
include the Scott Turville, Trent Heugly, James Sorenson and Salt Lake City Corporation
Properties, consisting of approximately 60.56 acres of property located at
approximately 1977 South 2800 East, pursuant to Petition No. 400-00-29, amending the
East Bench Master Plan and amending the Salt Lake City Zoning Map to zone and designate
the area as Foothill Residential (FR-2) and Open Space (OS) upon its annexation to the
City.
(P 00-27)
#7. RE: Confirming the date of January 24, 2002 at 3:30 p.m. to accept public
comment and consider adopting an ordinance amending Chapter 3.52.050D of the Salt Lake
City Code, authorizing the construction of temporary parking lots located at
approximately 825 North and 1130 North Warm Springs Road related to a large-scale
special event of national or international significance pursuant to Petition No. 400-
02-01.
(0 02-6)
The meeting adjourned at 8:55 p.m.
sc
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