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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 04 - 1 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 04 - 2 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. 04 - 3 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 04 - 4 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 04 - 5 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 04 - 6