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07/14/2009 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 14 , 2009 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 14, 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 Van Turner Eric Jergensen Jill Remington Love JT Martin Luke Garrott Soren Simonsen Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; Mayor Ralph Becker; and Christine Meeker, City Recorder; were present. Councilmember Christensen presided at and Councilmember Jergensen conducted the meeting. OPENING CEREMONY #1. 7:24:50PM The Council led the Pledge of Allegiance . #2 . 7:26:31 PM Councilmember Garrott moved and Councilmember Love seconded to approve the minutes of the Salt Lake City Council meeting held July 7, 2009, which motion carried, all members voted aye . (M 09-3) PUBLIC HEARINGS #1 . 7:26:53PM RE: Accept public comment on an ordinance enacting Chapter 2 . 94 of the Salt Lake City Code creating the Parks, Trails , and Urban Forestry Advisory Board, and amending Chapter 2.26 of the Salt Lake City Code which contains the Urban Forestry Ordinance. View Attachments Christopher Biltoft said Salt Lake County had a trails committee and Salt Lake City should work with them. Helen Peters and Cindy Cromer spoke in support of the ordinance. Councilmember Love moved and Councilmember Simonsen seconded to close the public hearing and refer to a future Council meeting, which motion carried, all members voted aye. (0 09-25) #2 . 7:36:05PM, 8:13:37 PM and 9:48:09PM (This time was in the Work Session Room) RE: Accept public comment and consider adopting an ordinance amending a portion of Section 21A.34 . 050 of the Salt Lake City Code pursuant to Petition No. PLNPCM2009-00422 to allow underground utility infrastructure - pipelines and other conduits - as 09 - 84 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 14 , 2009 a conditional use in the Lowlands Conservancy Overlay District (LCOD) . The district is west of the Salt Lake City International Airport near the Great Salt Lake and Bailey' s Lake. View Attachments Councilmember Garrott moved and Councilmember Simonsen seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Love asked that a guarantee for restoration be made after the construction was completed. Councilmember Simonsen said he wanted long term conditions for abandonment with regard to hazards . Councilmember Simonsen asked that the ordinance state: absent any other regulations should the line be abandoned there be a plan to insure there is no adverse impact. Councilmember Martin asked the petitioner if this was the last piece of the line . Jim Townsend, petitioner and Senior Vice President of UNEV pipeline said UNEV had acquired the majority of right-of-ways in and around the Lowlands Conservancy. He said all of the lowland property belonged to the Airport. Councilmember Simonsen moved and Councilmember Love seconded to adopt Ordinance 45 of 2009 amending Section 21A. 34 . 050 (3) pursuant to Petition PLNPCM2009-00422 with the following amendments : An appropriate plan for mitigation of any construction activities be made and absent any State or Federal regulations a plan for creating no adverse impact should the line be abandoned, which a roll call vote was taken, motion carried, all members voted aye except Councilmember Martin who voted nay. 8:15:23 PM Councilmember Christensen moved and Councilmember Love seconded to reconsider the motion, which motion carried, all members voted aye . 8:15:49 PM Councilmember Simonsen moved Councilmember Martin seconded to adopt Ordinance 45 of 2009 amending Section 21A. 34 . 050 (3) pursuant to Petition PLNPCM2009-00422 with the following amendments : An appropriate plan for mitigation of any construction activities be made and absent any State or Federal regulations a plan for creating no adverse impact should the line be abandoned, which a roll call vote was taken, which motion carried, all members voted aye . 9:48:09 PM Ms . Gust-Jenson said the Council should confirm the vote on the pipeline vote and make the confirmation part of the public record. She said the reason was that the motion placed conditions on the adoption of the ordinance . She said the Planning Commission had processed and approved a conditional use subject to the Council' s 09 - 85 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 14, 2009 support of the text amendment . She said the confirmation would mean the Council' s intent had been met . Wilford Sommerkorn said different effective dates for the conditions could be used. 9:55:53 PM Councilmember Love moved and Councilmember Garrott seconded to reconsider the motion, which motion carried, all members voted aye . 9:56:14 PM Councilmember Simonsen moved and Councilmember Garrott seconded to approve Ordinance 45 of 2009 amending Section 21A. 34 . 050 (3) pursuant to Petition PLNPCM2009-00422 with the following amendments taking place on August 1, 2009 : An appropriate plan for mitigation of any construction activities be made and absent any State or Federal regulations a plan for creating no adverse impact should the line be abandoned, which motion carried, all members voted aye . PUBLIC HEARING ACTION ITEM #1 .9:32:09 PM RE: Adopting a resolution providing for the holding of a special bond election in Salt Lake City, Utah, at the same time as the municipal general election, for the purpose of submission to the qualified electors thereof the question of whether general obligation bonds of the City, in an amount not to exceed $125,000 ,000 shall be issued and sold for the purpose of paying the costs of providing public safety facilities; providing for the holding of a public hearing and publication of a Notice of Public Hearing: declaring official intent with respect to certain expenditures; and providing for related matters . View Attachments 9:45:23 PM Councilmember Love moved and Councilmember Simonsen seconded to adopt Resolution 37 of 2009, providing for the holding of a special bond election in Salt Lake City, Utah, at the same time as the municipal general election, for the purpose of submission to the qualified electors thereof the question of whether general obligation bonds of the City, in an amount not to exceed $125,000 ,000 shall be issued and sold for the purpose of paying the costs of providing public safety facilities; providing for the holding of a public hearing and publication of a Notice of Public Hearing: declaring official intent with respect to certain expenditures; and providing for related matters . I further move the Council adopt the following intent statements : 1 . The Council requests that the Administration work to develop a series of policy statements to be processed through the 09 - 86 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 14 , 2009 appropriate Planning process, and to be incorporated into the Central Community Plan. The Council requests that efforts be made to adopt the necessary text changes before the November election. 2 . If the voters authorize the bond, the Council requests that the Administration forward an appropriate amendment to the zoning map to accommodate the new Public Safety Building and Emergency Operations Center site, along with a Small Area Master Plan for the Civic Campus, to address the relation of these facilities to the adjacent neighborhoods and transit corridor, if applicable. 3 . It is the Council' s intent to be supportive of shared service opportunities with Salt Lake County and/or the State of Utah assuming either party agrees to fund any and all project components that relate to State or County needs (parking, office space, etc) , including costs relating to bond issuance, if applicable, which motion carried, all members voted aye. (Q 09-6) (See the Work Session Audio for this item) 7:50:22 PM COMMENTS TO THE CITY COUNCIL John Allen Shaw spoke regarding the lack of a Master Plan for the Gallivan Center. Gerald McDonough, Douglas Cotant and Boyer Jarvis spoke in opposition to the 300 East locations for the Public Safety Building and the Civic Campus . UNFINISHED BUSINESS #1 . 8:00:13 PM RE: Adopting a resolution authorizing a loan from Salt Lake City' s Housing Trust Fund to Pierpont Lofts, LLC (929 West Pierpont Avenue) . View Attachments Councilmember Simonsen moved to make an alternate motion and Councilmember Garrott seconded to approve the loan contingent to re- design to create a more hospitable environment for residents of the location. A roll call vote was taken. Council Members Garrott, Simonsen and Jergensen voted aye and Council Members Love, Martin, Turner and Christensen motion failed. Councilmember Turner moved and Councilmember Christensen seconded to adopt Resolution 38 of 2009, which motion carried, all members voted aye . A role call vote was taken. Council Members Turner, Love and Martin voted aye and Council Members Simonsen, Garrott and Jergensen voted nay. (R 09-12) 09 - 87 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 14 , 2009 #2 . 8:09:42 PM RE: Adopting a resolution authorizing a loan from the Salt Lake City' s Housing Trust Fund to the Housing Authority of Salt Lake city for the Taylor Springs Apartment Project (1812 South West Temple) .View Attachments Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Resolution 39 of 2009, which motion carried, all members voted aye . (R 09-13) #3. 8:11:22 PM RE: Adopting an ordinance confirming the equalized assessment list and levying an assessment against certain properties in the Salt Lake City, Utah California Avenue, 4800 West to 5600 West, Special Assessment Area (#103006) (the "Assessment Area") , for the purpose of financing the cost of certain infrastructure improvements consisting of the reconstruction of roadway pavement, installation of concrete curbs, sidewalks and street lighting and all other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner (collectively, the "improvements") ; establishing the effective date of this ordinance; and related matters . View Attachments Councilmember Christensen moved and Councilmember Turner seconded to adopt Ordinance 43 of 2009, which motion carried, all members voted aye . (Q 08-1) #4 . 8:11:45 PM RE : Adopting an ordinance confirming the equalized assessment list and levying an assessment against certain properties in the Salt Lake City, Utah Sidewalk Replacement #102145 and Lyman Court #102146 Special Assessment Area (the "Assessment Area") , for the purpose of financing the cost of certain infrastructure improvements consisting of sidewalk pavement, storm drainage and water main improvements, and all other miscellaneous work necessary to complete the improvement in a proper and workmanlike manner (collectively, the "improvements") ; establishing the effective date of the ordinance; and related matters . View Attachments Councilmember Love moved and Councilmember Garrott seconded to adopt Ordinance 44 of 2009, which motion carried, all members voted aye . (Q 08-3) #5 . 8: 12: 05 PM RE : Adopting an ordinance enacting Sections 12 . 04 . 075 , Salt Lake City Code, pertaining to definition of "Car Sharing Vehicle" and 12 . 56 . 375 , Salt Lake City Code, pertaining to car- share parking establishments and signs , and amending Section 12 . 56 . 520 , Salt Lake City Code, pertaining to using streets for storage 09 - 88 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 14, 2009 prohibited. View Attachments Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Ordinance 46 of 2009, which motion carried, all members voted aye . (0 09-17) #6 . 8: 12:48 PM RE : Adopting two resolutions extending the time period for satisfying the conditions set forth in Ordinances 56 and 57 of 2008 rezoning property located at 477 North 300 West and amending the Capitol Hill Community Master Plan. View Attachments Councilmember Garrott moved and Councilmember Simonsen seconded to adopt Resolution 40 of 2009 and Resolution 41 of 2009, which motion carried, all members voted aye . (P 08-4) CONSENT AGENDA Councilmember Christensen moved and Councilmember Turner seconded to approve the Consent Agenda, which motion carried, all members voted aye . #1 . RE : Approving the appointment of Katherine Lewis to the Land Use Appeals Board for a term extending through December 31, 2009 . (I 09-4) #2 . RE: Approving the appointment of Ginger Lee Fletcher to the Police Civilian Review Board for a term extending through September 3, 2012 . (I 09-20) #3. RE: Setting the date of August 11, 2009 at 7 : 00 p.m. to accept public comment and consider amending Salt Lake City Code, Section 21A. 32 . 140 , Table of Permitted and Conditional Uses for Special Purpose Districts to allow public parks in the Public Lands (PL-1 and PL-2) Zoning Districts; Petition No. PLNPCM2009-00616 . (0 09-27)View Attachments #4 . RE: Approving the transfer of the following grant projects : National Trust for Historic Preservation Grant-Fisher Mansion; State of Utah, Commission on Criminal and Juvenile Justice (CCJJ) -Justice Assistance Grant, State Asset Forfeiture Grant; Utah State Division of Forestry, Fire & State Lands Grant-Pervious Pavement; State of Utah, Department of Workforce Services Youth Connections Grant-Fairmont Park, Liberty Park, Central City, Ottinger Hall; Utah State University, Interagency Outreach Training Initiative (IOTI) ; State of Utah, 09 - 89 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 14, 2009 Department of Human Services Grant, Crisis Intervention Team (CIT) Program; Executive Office of the President, Office of National Drug Control Grant-Rocky Mountain High Intensity Drug Trafficking Agency (HIDTA) ; Arts Works for Kids Grant-YouthCity Artways; Utah Department of Public Safety-2009 Emergency Management Performance Grant (EMPG) ; State of Utah, Department of Health Grant-Mayor' s Coalition on Alcohol, Tobacco and Other Drugs from the Grant Holding Account and establish a project budget for each grant to be confirmed in a formal budget opening. View Attachments (B 09-8) #5 . RE: Setting the date of August 11, 2009 at 7 : 00 p.m. to accept public comment and consider adopting an appropriation resolution for Homelessness Prevention and Rapid Re-Housing Program Funds and approving an Interlocal Cooperation Agreement between Salt Lake City and the U.S. Department of Housing and Urban Development. (R 09-14) The meeting adjourned at 10 : 01 p .m. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held July 14, 2009 . cm 09 - 90