01/06/2004 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 6, 2004
The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, January
6, 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
Jill Remington Love Nancy Saxton Dave Buhler
Dale Lambert
Mayor Ross C. "Rocky" Anderson; Edwin Rutan, City Attorney; Cindy Gust-Jenson,
Executive Council Director; and Pam Johnson, Deputy City Recorder were present.
Councilmember Christensen presided at and conducted the meeting.
#1. The Council led the Pledge of Allegiance.
Councilmember Lambert introduced Scout Troop No. 473 from Council District No. 7.
#2. Councilmember Jergensen moved and Councilmember Turner seconded to approve the
minutes of the Salt Lake City Council meeting held December 9, 2003, which motion
carried, all members voted aye.
(M 04-1)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance rezoning a portion of
property located at 400 North 1974 West from Public Land to Single Family Residential,
requested by PSC Development representing Utah Housing Corporation pursuant to Petition
No. 400-03-16. View Attachment
Councilmember Lambert moved and Councilmember Turner seconded to close the public
hearing, which motion carried, all members voted aye.
Councilmember Turner moved and Councilmember Buhler seconded to adopt Ordinance 1 of
2004, which motion carried, all members voted aye.
(P 03-25)
#2. RE: Accept public comment and consider adopting an ordinance vacating a
portion of an alley located adjacent to 2327 South 500 East and 2322 Park Street
pursuant to Petition No. 400-03-15. View Attachment
Councilmember Love moved and Councilmember Turner seconded to close the public hearing,
which motion carried, all members voted aye.
Councilmember Turner moved and Councilmember Lambert seconded to adopt Ordinance 2 of
2004, which motion carried, all members voted aye, except Councilmember Saxton who
voted nay.
Councilmember Lambert said this was a dead end alley. He said the property at the end
of the alley did not go anywhere nor did it inhibit any access.
Councilmember Saxton said this was public property and there would be no benefit to
the public by the vacation. She said no one wanted to live next to vacated alleyways
because they were like public parking lots. She said vacating the dead end would create
a new dead end just to the south. She said she was not opposed to closing alleyways if
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 6, 2004
they could be used as a park or for other public uses.
(P 03-24)
#3. RE: Accept public comment and consider adopting an ordinance amending Chapter
21A.42 of the Salt Lake City Code regarding temporary tents, pursuant to Petition No.
400-01-66. View Attachment
Councilmember Jergensen moved and Councilmember Lambert seconded to close the public
hearing, which motion carried, all members voted aye.
Councilmember Christensen asked for clarification on the motion. He said Council staff
had prepared verbiage suggesting an evaluation of timeframes in regard to temporary
uses. Cindy Gust-Jenson said any additional information needed to be specified to be
included in the motion. Janice Jardine said the verbiage would eliminate concerns
with other temporary structures. She said concerns with firework stands had been
resolved through zoning interpretations, but other temporary uses might need the
stricter timeframe guidelines.
Councilmember Jergensen said he did want to include the verbiage and would amend and
restate the motion.
Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 3
of 2004, and further moved that the Council initiate a request to amend the text of
the Zoning Ordinance to address timeframes and re-evaluate regulations for other
temporary uses, which motion carried, all members voted aye.
(P 03-11)
#4. RE: Accept public comment and consider 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
David Gee, Legal Counsel for Gateway Development, said he favored the Planning
Commission' s proposal. He urged Council to move forward as soon as possible. He said
several national department stores had completed relocation deals to suburban areas,
while waiting for the outcome of downtown's proposal.
Alan Sullivan, Legal Counsel for Property Reserve Incorporated (PRI) , said he
was one of the stakeholders that participated in discussions. He also urged Council
to move this item forward. He said many interested retailers were waiting for the
outcome.
Councilmember Saxton moved and Councilmember Love seconded to close the public hearing,
which motion carried, all members voted aye.
Councilmember Love moved and Councilmember Buhler seconded to defer the vote to a
Council meeting no later than January 20, 2004, which motion carried, Council Members
Lambert, Buhler, Love and Jergensen voted aye, and Council Members Saxton, Turner, and
Christensen voted nay.
Councilmember Saxton said she was not in attendance for this discussion, but
Council staff and briefing materials had provided her with the necessary information.
She said she saw no reason to delay the decision to a later date.
Councilmember Buhler said there were additional questions and time was needed to
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 6, 2004
continue reviewing the information. He said he agreed a decision was needed soon. He
said he did not feel Council was ready to make the decision at this time.
Councilmember Lambert said he had concerns about the amount of retail in the downtown
area. He said he was not satisfied the proposed ordinance addressed that. He said he
also had questions regarding the issue that the City had said no to Nordstrom' s, but
in effect would say yes to every other store.
Roger Boyer, Boyer Company, said this was a compromise. He said the decision not to
allow Nordstrom to move to Gateway was hard to explain to prospective retailers. He
said it was time to move on and implement current proposals. He said limiting the
square footage was still an issue. He said several desirable retailers might not be
able to locate in the City because they need large scale space only offered in the
suburbs.
Mr. Sullivan said it would be hard for retail limitations to be regulated by the
Council. He said retail would take care of itself and adjust to the national market.
He said in developing the new Main Street malls, PRI had addressed the amount of retail
in the downtown area. He said plans were to reduce the current 1.2 million square
feet of retail space to 800, 000. He said PRI did not feel the proposal was a compromise.
He said they wanted Gateway to succeed. He said for any part of the downtown area to
succeed, Main Street needed to remain the high fashion retail core.
(P 03-26)
COMMENTS TO THE MAYOR FROM THE CITY COUNCIL
Councilmember Jergensen expressed his appreciation to Mayor Anderson for his
actions during the record snow storms in December. Mayor Anderson said as soon as he
was made aware of the City's electrical problems, he met with the Red Cross arranging
emergency shelters for the residents affected. He said he was impressed how people
pulled together. He said many of the people he called on worked around the clock to
help address needs. He said the media was helpful in getting word out to City residents
of the emergency shelter locations.
Councilmember Saxton said information regarding the Emergency Broadcast System should
be reviewed prior to needing it during a larger emergency. She said captains should be
appointed in each Council District to help pass information on. Councilmember
Christensen said Council and the administration should meet to identify and list
resources. He said he wanted to be able to have immediate answers for constituents in
an emergency.
COMMENTS TO THE CITY COUNCIL
Lonnie Pursifull addressed the Council concerning enforcement policies for street
preachers.
Laurie Reynolds addressed the Council concerning off-leash dog areas in City
parks.
Douglas Cotant addressed the Council concerning Utah Transit Authority (UTA)
fares.
Richard Wirick addressed the Council concerning the Olympic Legacy project.
Buba Roth addressed the Council concerning the Youth Crime Prevention Conference
in Washington, D.C.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 6, 2004
UNFINISHED BUSINESS
#1. 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. 400-03-30.
Councilmember Lambert moved and Councilmember Love seconded to defer the vote to a
Council meeting no later than January 20, 2004, which motion carried, all members voted
aye.
A discussion was held as to the differences of Petition No. 400-03-23, department
store definitions and Petition No. 400-03-30, the Gateway Mixed-Use district zoning
table amendments.
(P 03-22)
#2. RE: Adopting a motion ratifying the election of Chairperson and Vice-
Chairperson of the Salt Lake City Council for calendar year 2004.
Councilmember Buhler moved and Councilmember Jergensen seconded to elect Councilmember
Jill Remington Love as Council Chair and Councilmember Dale Lambert as Council Vice
Chair for the Salt Lake City Council for the calendar year 2004, which motion carried,
all members voted aye.
(G 04-2)
#3. RE: Adopting an ordinance adopting the updated Central City Community Master Plan,
pursuant to Petition No. 400-01-36.
Councilmember Saxton said she was prepared to make a motion. She asked for
clarification on her motion. She said she did not know what needed to be stated as
intent statements and what would be part of her motion. Ms. Gust-Jenson said asking
Planning staff to implement a small area master plan would be intent language. She
said reference to commuter and light rail stations would be part of the adoption.
Councilmember Saxton said non land use policies were important and needed to be
included. She said dividing the master plan and implementation of a small area master
plan for 700 East needed to remain in the motion.
Councilmember Saxton moved and Councilmember Love seconded to adopt an ordinance
enacting the updated Central City Master Plan with the recommended changes: 1) Removing
reference to commuter rail or future light rail stations in the North Temple area from
the maps and any text in the plan. Including Legislative Intent statements: 1) The
Central Community Master Plan be divided into two or three separate areas for future
master planning purposes in order to provide a more unified and timely approach to
address future land use issues. 2) Request the Administration and Planning Commission
to consider including non-land use related policy and implementation statements in
this document and future citywide planning or policy documents such as an economic
development plan or the general vision plan currently being developed by the Planning
Commission, stating that it was important for consistency and to provide continuity in
master plans and policies of the City. And, 3) Direct the Planning Staff to implement
a small area master plan for 700 East to 1300 East and South Temple to 400 South.
(This plan was initiated by the Planning Commission in November 2001 as part of their
action relating to the conditional use approval of the Cancer Wellness Center located
at 57/59 South 1100 East) . No vote was taken on the motion.
A discussion was held as to the wording and intent of the motion. Councilmember Saxton
said the motion would provide consistency with policies in place now and what the City
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 6, 2004
envisioned for the future. She said one issue might be more important to an area than
another, but eventually everything was affected by action or inaction. She said this
would provide blanket coverage for master plans. She said something would be in place
when other issues came up. She said Council could come back with revisions when needed.
She said the only item to be taken out was the designation of the light rail stop on
North Temple.
Councilmember Buhler said he was concerned the blanket coverage motion would approve
master plans not yet seen by Council. He said it also approved budgetary issues
involved. He said if passed as proposed, Council would say it was their intention to
increase funding for code enforcement staffing, City housing resources and cultural
funding.
Councilmember Jergensen said he would vote in favor of the motion. He said the addition
of policy beyond land use reduced contradiction on all points. He said master plans
provided suggestions on improvements for communities.
A discussion was held as to the items covered in the proposed ordinance. Ms. Gust-
Jenson said the downtown development policy would be included. She said all changes
Council previously agreed to would be included in what Council was now voting on.
Councilmember Lambert said his concern was lack of industrial policies in each district.
Everett Joyce said areas were identified for such potential conflicts. He said the
goal was to minimize non-conforming uses while still directing the development of the
area.
Councilmember Love said she agreed some items should be addressed differently in future
plans, but it was unfair to change the rules of master plans midway. Louis Zunguze
said it was wise to establish a Citywide policy because amendments could be made.
Councilmember Lambert said the proposed Master Plan and the Legislative Intent
statements should be addressed separately. He proposed an amendment to Councilmember
Saxton's motion removing the intent language. Councilmember Saxton said she did not
accept the proposed amendment.
Councilmember Lambert moved and Councilmember Buhler seconded to adopt an ordinance
enacting the updated Central City Master Plan with the recommended changes: 1) Removing
non-land use and budget related statements from the proposed Master Plan, which motion
carried, Council Members Lambert, Buhler, Turner and Christensen voted aye, and Council
Members Love, Jergensen and Saxton voted nay.
Councilmember Christensen asked if there was a motion on any Legislative Intent
statements previously stated. A discussion was held clarifying previous motions.
Councilmember Saxton moved and Councilmember Buhler seconded to remove reference to
commuter rail or future light rail stations in the North Temple area from the maps and
any text in the plan, which motion carried, all members voted aye.
Councilmember Lambert said if policy statements critical to the master plan
process had been removed Council should continue to discuss this issue. Ms. Gust-
Jenson said a councilmember on the prevailing side of the adopted motion could move to
have the motion reconsidered.
Councilmember Lambert moved and Councilmember Buhler seconded to reconsider the
motion that Council just passed adopting an ordinance enacting the updated Central
City Master Plan with the recommended changes: 1) Removing reference to commuter rail
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JANUARY 6, 2004
or future light rail stations in the North Temple area from the maps and any text in
the plan, which motion carried, all members voted aye.
Ms. Gust-Jenson asked for clarification as to what items were being reconsidered.
Councilmember Christensen said both the master plan and intent statements were being
reconsidered until after additional discussion.
Councilmember Lambert moved and Councilmember Saxton seconded to refer this item to a
future date for discussion and possible action, which motion carried, all members voted
aye.
Councilmember Lambert said Council would be reconsidering budget language and general
policy statements.
Councilmember Jergensen asked if Council wanted staff to revise the definition of a
master plan. Mr. Zunguze said the Planning Commission would schedule a briefing with
Council to apprise them of the proposed changes in the master plan process.
(T 03-3)
#4. RE: Ratifying the December 9, 2003 vote of the City Council adopting the
Solid Waste Management Facility budget, which had been prepared and submitted by the
Salt Lake Valley Solid Waste Management Council for calendar year 2004, subject to
specific policy directives. View Attachment
Councilmember Jergensen moved and Councilmember Turner seconded to ratify the vote
taken December 9, 2003, which motion carried, all members voted aye.
(B 03-4)
#5. RE: Adopting a resolution accepting the Salt Lake City School District
annexation petition for approximately 12.3 acres of land located at the Northwest
corner of 1700 North and Redwood Road, pursuant to Petition No. 400-03-24.
Councilmember Buhler moved and Councilmember Turner seconded to adopt Resolution 1 of
2004, which motion carried, all members voted aye.
(P 04-1)
CONSENT AGENDA
Councilmember Jergensen moved and Councilmember Turner seconded to adopt the consent
agenda, which motion carried, all members voted aye.
#1. RE: Adopting Resolution 2 of 2004, authorizing the approval of an interlocal
cooperation agreement between Salt Lake City Corporation and Utah Department of
Transportation for construction of 2100 South - 900 West to Redwood Road. View
Attachment
(C 02-778)
The meeting adjourned at 8:55 p.m.
pj
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