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03/16/2004 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, March 16, 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 Jill Remington Love Nancy Saxton Dave Buhler Dale Lambert The following Councilmember was absent: Eric Jergensen Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; and Beverly Jones, Deputy City Recorder, were present. Councilmember Love presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Turner moved and Councilmember Saxton seconded to approve the minutes of the City Council meeting held March 9, 2004, which motion carried, all members present voted aye. (M 04-1) PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 58 of 2003, which approved, ratified and finalized the budget of Salt Lake City, Utah, including the Employment Staffing Document, for the fiscal year beginning July 1, 2003 and ending June 30, 2004. (Budget Amendment No. 3) View Attachment Debbie Robb, Director of Tennis and Manager of Liberty Park Tennis Center, Gaylen Young, Friends of Liberty Park, Hank Kennedy and Cal Nelson spoke in support of funding for the Liberty Park tennis courts. Virginia Ruffo Martinez, Community Action Program (CAP) , asked the Council to consider using the Olympic Homeless Fund to relocate the remaining 25 residents of the Heath Cliff Trailer Park. Councilmember Buhler moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Buhler moved and Councilmember Saxton seconded to adopt Ordinance 14 of 2004 to include Initiative Nos. 15, 30 and 31 as well as the other items, which motion carried, all members present voted aye. Councilmember Buhler said he grew up on 500 East across from the Liberty Park tennis courts. He said the Dee Smith Tennis facility was in his district and those courts also needed to be replaced. He said the bubble at Dee Smith's was paid for by private contributions. Councilmember Saxton said the Liberty Park courts were not playable. She said money would be well spent on the tennis courts to provide quality locations for 04 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 exercise. She said she had concerns about the Salt Lake City marathon. Councilmember Christensen said the marathon would bring over 3000 people to the City. Councilmember Buhler said the City was fortunate to host the Winter Olympics. He said the marathon would further establish the City as a destination for athletic competitions. Councilmember Turner said he supported the marathon and hoped it came to the City each year. (B 04-7) #2. RE: Accept public comment and consider adopting an ordinance amending Salt Lake City Resolution 24 of 2003 which adopted the budget of the Municipal Building Authority of Salt Lake City, Utah, for the fiscal year beginning July 1, 2003 and ending June 30, 2004. View Attachment Councilmember Lambert moved and Councilmember Saxton seconded to recess as the City Council and convene as the Municipal Building Authority, which motion carried, all members present voted aye. Councilmember Christensen moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 18 of 2004, which motion carried, all members present voted aye. Councilmember Saxton moved and Councilmember Turner seconded to adjourn as the Municipal Building Authority and reconvene as the City Council, which motion carried, all members present voted aye. (B 03-2) #3. RE: Accept public comment and consider adopting a resolution adopting the one-year action plan for 30th year Community Development Block Grant funding (CDBG) , Home Investment Partnerships Program funding (HOME) , Emergency Shelter Grant funding (ESG) , and Housing Opportunities for Person with AIDS funding (HOPWA) , (Fiscal Year 2004-05) and approving interlocal cooperation agreement between Salt Lake City and the U.S. Department of Housing and Urban Development (HUD) . View Attachment Rebecca Chavez-Houck, Community Affairs Manager for Centro de la Familia de Utah, asked for continued funding of $18,000 for the Open Door program. Mike Plaizier, Board President of Neighborhood Housing Services of Salt Lake, thanked the Council for their continued support. Kaye Stackpole, Development Director at Neighborhood House, and Maria Farrington, volunteer board member of Neighborhood House, spoke in support of funding the Neighborhood House paving project. Su Chon, volunteer Executive Director of the Multi-Cultural Legal Center, asked for the Council's support. Troy Hart, Salt Lake Valley Habitat for Humanity, thanked the Mayor and Council for the recommendation of $28,000. Kathy Bray, Volunteers of America, spoke in support of funding their organization. 04 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 Pam Sanders, Odyssey House, spoke in support of funding the Odyssey House. Dave Woodman, Emergency Home Repair Coordinator for Assist, Inc. , thanked the Council for their consideration. James Westover and Deborah Young spoke in support of the Literacy Action Center. Jim Jensen, Executive Director of the Boys and Girls Clubs of Greater Salt Lake, spoke in support of funding the Capital West facility at $30, 000 and Youth With A Voice program for $18,000. He asked the Council to reconsider the request of $297,000 for expansion of the Capital West facility and the Lead Transportation program for $4,800. Claudia O'Grady, Multi-Ethnic Development Corporation, spoke in support of funds for land acquisition for housing and rent subsidy for people living with HIV/AIDS. Stewart Ralphs, Executive Director of Legal Aid Society of Salt Lake, said they had requested $14,000 for the Domestic Violence Victim Assistance program and the Domestic Relations program. Penny Blaser and Talon Ozmore spoke in support of funding Utah Federation for Youth for the Glendale Youth Development project. Martha Wunderli spoke in support of funding Individual Development Accounts which were matched accounts to help people at 80% or below with average income start to save. Sharon Abegglen, Housing Director for the Salt Lake Community Action (CAP) program, spoke in support of funding the Housing Outreach Rental program, the Northwest Emergency Food Pantry, the Tenant Maintenance project, the Tenant Based Rental Assistance, the Homeless Prevention and the Direct Client Assistance and Administration projects. Lori Sandoval, Community Action Program, spoke in support of funding the Emergency Food Pantry located at the Northwest Multi-Purpose Center. Tom Godfrey, Community Development Corporation of Utah President, spoke in favor of funding for transitional housing. Karen Denton, Utah Issues, said they did not receive recommendation for funding this year. Donna McOmie spoke in support of funding the renovation of the Senior Center project. Allen Ainsworth, Executive Director of Wasatch Homeless Health Care program, spoke in support of funding the health care program. Sara Beckstead, Community Services Council, spoke in support of funding the Kids Café. Lynn Samsel, Community Services Council and Director of LifeCare, spoke in support of funding for housing programs. Judy Cohen, Guadalupe Center Volunteer, spoke in support of funding the English learning program. Patty Walker, Preschool Director of Guadalupe Schools, spoke in support of funding to provide educational needs for high-risk children. Ashley Dooley, Executive Director of the YMCA of Greater Salt Lake, spoke in support 04 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 of funding an after school and summer enrichment program with the Road Home Homeless Shelter. Jon Paulding, Executive Director of Alliance House, spoke in support of funding improvements to the Alliance House. Sierra Erickson, West High School senior, spoke in support of funding the expansion of the Capital West Boys and Girls Club Teen Center. John Storrs asked the Council to reconsider funding for Poplar Grove Community Council and other community councils. Dena Ned, Executive Director of the Indian Walk-In Center, spoke in support of funding improvements to the center. Valerie Fritz, President and Chief Executive Officer of the Utah Alcoholism Foundation, spoke in support of funding the Douglas Center and the 10th East facility. Barbara Fish, Executive Director and Program Director for Literacy Volunteers of America, said they had changed their name to English Skills Learning Center. She spoke in support of funding the learning center. Pastor Rob Ferris said the Disciples House was now the House of Refuge. He spoke in favor of funding the life skills program. Diane Spencer spoke in support of funding the Family Support Center and the Crisis Nursery program. Jay Ingleby, Glendale Community Council, spoke in support of funding the Stewart Street and 1500 West project. Maggie St. Claire, Executive Director of Catholic Community Services of Utah, spoke in support of funding St. Mary's Home for Men, St. Vincent de Paul, and Wiggen Homeless Resource Center. Raymond Uno spoke in support of funding the Multi-Cultural Legal Center. Lopeti S. Penima'ani, Rio Grande Community Council, spoke in support of funding the bus stop barrier free program. Joantara Moseley spoke in support of funding improvements to the Northwest Multi- Purpose Center. Carrie Romano, Chief Development Officer for the YWCA of Salt Lake City, spoke in support of the recommendation for $30,000 from CDBG and $20,000 from ESG funding to support the YWCA's Domestic Violence Crisis Shelter. Troy Bennett, Director for Utah Federation for Youth, Amanda Lawrence, Isaac Montano and Aldo Littig spoke in support of the Glendale Youth Development project. Thomas Burke, Development Director for the Indian Walk-In Center, spoke in support of funding the Circle of Wellness. Jan Murphy, Development Director of the Kostopulos Dream Foundation, spoke in support of funding the summer camp program. 04 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 John Johnson spoke in support of the revitalization of Emery and Remington Way Streets. Mike Tanner, President of the Board of Trustees of the Road Home, spoke in support of funding the Road Home. Leslie Jo Abplanaup, Chris Pellegrino, James Fisher, Brian Watkins, Catherine New, Robert Hartvigsen, and Brent White spoke in support of the Liberty Wells decorative street lighting project. Mike Harman spoke in support of funding the Neighborhood House bus. Rob Peden, Alliance House member, spoke in support of funding the Alliance House. Mitzy Stewart spoke in support of funding Safe Haven. Greg Winegar spoke in support of funding the Red Cross Utilities Assistance program. Dennis Kelsey, Salt Lake County Housing Authority representative, spoke in support of funding the Housing Authority. Sherm Roquiero, Administrator for the State's Special Needs Assistance programs, spoke in support of funding the Salt Lake County Housing Assistance program. Arthur Reilly spoke in support of funding the Salt Lake Community Action Program and their HOPWA funding. Stan Penfold, Executive Director of the Utah AIDS Foundation, spoke in support of funding for HOPWA. Julie Herron, Case Manager at the Infectious Disease Clinic at the University of Utah, spoke in support of funding HOPWA and HIV case management. Linda Fagen and Pearl Nelson, Acting Chair of the Rose Park Community Council, spoke in support of funding Neighborhood Housing Services. Erika Summers, Director of Client Services and Development at People Helping People, spoke in support of funding People Helping People. James Russell, Chairman of the Board of the Northwest Multi-Purpose Center, and James Beck spoke in support of funding the Center. Elizio White, Executive Director of Community Health Centers, spoke in support of funding Community Health Centers. He spoke in support of the Liberty Wells street lighting project. Buba Roth spoke in support of funding the Utah Peace Institute. The following people submitted hearing cards but did not wish to speak: Willie Lee Dill supported funding the tennis courts at Liberty Park and the Odyssey House, Ray Pugsley supported funding Mobile Neighborhood Watch; Jacob Nuttall, Gary Eccles, Colleen Harrison, and Chris Robinson supported funding the Liberty Wells street lighting project; Joe Ann Smith supported funding housing; Nima Omer and Kina Tua supported funding teen programs; Veronica Montoya supported funding Neighborhood Housing Services; Don Anderson supported funding the Youth Gardening Program; Wendy Leppert-Horwos supported funding Strong Court Street improvements; and Mike Tanner supported funding the Road Home. 04 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 Councilmember Saxton moved and Councilmember Buhler seconded to close the public hearing and refer to April 13, 2004 for final consideration, which motion carried, all members present voted aye. (T 04-1) #4. RE: Accept public comment and consider adopting an ordinance extending the corporate limits of Salt Lake City to include the Salt Lake City School District property, consisting of approximately 12.3 acres of land for the development of the Northwest Middle School located generally at the Northwest corner of 1700 North and Redwood Road pursuant to Petition No. 400-03-24; amending the Master Plans; and amending the Salt Lake City Zoning Map to permit Public Land uses to zone the property upon annexation into the City. View Attachment Councilmember Lambert moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Christensen moved and Councilmember Turner seconded to adopt Ordinance 15 of 2004, which motion carrier, all members present voted aye. (P 04-1) #5. RE: Accept public comment and consider adopting an ordinance amending Section 11.12.020 of the Salt Lake City Code relating to disturbing the peace. Councilmember Lambert moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Buhler said this was a minor fine-tuning but felt it was worth doing. He said if there had been controversy during the public hearing, he would have wanted to wait to adopt the ordinance. Councilmember Buhler moved and Councilmember Turner seconded to adopt Ordinance 16 of 2004, which motion carried, all members present voted aye. (0 04-4) COMMENTS TO THE MAYOR FROM THE CITY COUNCIL Councilmember Christensen thanked the Mayor for his work on the Community Development Block Grant funding applications. Mayor Anderson said he felt they were all worthwhile causes. He said he did not want people in the Liberty Wells area to feel the City was not being as responsive as the residents wanted the City to be. He said he would contact the people looking for infrastructure improvements to suggest other means of approaching these needs besides CDBG. COMMENTS TO THE CITY COUNCIL Joseph Rust, Attorney representing Harper Companies, said they were opposed to rezoning properties west of Redwood Road. He said in early January they went through a process to acquire a piece of property to be used by Harper for industrial activity. He said a contract on the property was signed on January 30, 2004. He said the purchase agreement covered approximately 41z acres in Salt Lake County and 13z acres in Davis County. Mr. Rust said due to recommendations from the Planning Commission they arranged for the purchase of another piece of property. He said they signed an agreement for one piece of property and had a strong commitment to another piece of property. He 04 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 said the formal agreement was signed on March 5, 2004. He said there were two meetings with the Rose Park Community Council. He said during discussions it was always about what Harper had to do. He said they felt they had met every requirement to justifiably rely on the purchase. He said they felt the zoning should be denied. Lawnie Mayhew, Executive Vice-President of Harper Companies, said he opposed the E-1 rezoning. He said they had worked with Planning from January 30, 2004 to the present to meet the requirements. He said he had been issued a demolition permit this morning. He asked that the Council not support the rezoning or that Harper be exempted because they were already in the permitting process. Dawn Whaley, JBR Environmental Consultants, said Harper had hired their firm to help them obtain the conditional use permit for their development along the western part of Redwood Road. She said they had met with Utah Department of Transportation (UDOT) , Salt Lake Valley Health, Utah Division of Air Quality, Rose Park Community Council, West Pointe Community Council, State Parks, and U.S. Fish and Wildlife Office to determine what the requirements were for a conditional use permit. She said the site was full of debris. She said they had found 30 square feet full of asbestos scheduled to be removed tomorrow. She said in keeping with the Rose Park plan, the approach into the City from I-215 south on Redwood Road would be cleaned up and beautified. Erin Hallenburg, Compliance Manager at JBR Environmental, said Harper hired him to ensure that they met the law. He said the property was purchased to build, construct and operate a concrete batch plant. He said they had been working closely with Salt Lake City for seven weeks. He said they had performed an environmental assessment. He said Harper was willing to clean up the site at their expense. He said three hours ago they learned about the rezoning. He said if the property was rezoned, immediate clean-up of the site would not occur and jobs would be lost to the community. He asked the Council not to support the rezoning or exempt Harper because they had already started the process. Douglas Cotant said a 13-year old boy was hit by a bus. He said he felt Utah Transit Authority (UTA) drivers needed to be more careful. The following people submitted cards but did not wish to speak: Gary Eccles was concerned about noise caused by trains at 1700 South 600 West and Willie Lee Dill was concerned about City government. NEW BUSINESS #1. RE: Adopting two legislative action items: a. initiating the rezoning of properties along the western side of Redwood Road in the vicinity of 2400 North from light industrial (M-1) to Business Park (BP) in keeping with the Rose Park Small Area Master Plan (2001) ; and b. adopt an ordinance pursuant to UCA Section 10-9-404 establishing a temporary zoning regulation for those properties. Councilmember Lambert said he did not know until this evening that Harper Excavating had an interest in the area. He said approximately six years ago he was hired by a liability ensured to represent Harper Excavating in a personal injury action. He said the Attorney' s Office said he did not have a conflict of interest in this matter because he no longer represented Harper Excavating. 04 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 Councilmember Christensen moved and Councilmember Turner seconded to initiate a rezoning of the properties along the western side of Redwood Road in the vicinity of 2400 North from Light Industrial (M-1) to Business Park (BP) in keeping with the Rose Park Small Area Master Plan and that the Council adopt an ordinance, pursuant to UCA Section 10-9-404, establishing a temporary zoning regulation to those properties. A discussion was held on the motion. Councilmember Christensen said in 1999 he initiated a planning process for the area. He said property owners at that time had an opportunity to participate in the process. He said he was not aware until the end of last week who the buyer of that particular property was and what the proposed use would be. He said having gone through a prior public process, he felt compelled to defend the process his community had gone through. Councilmember Christensen said there was also property to the south that had been annexed into the City. He said that property was the entry to the Jordan Parkway. He said he realized the proposed owner had done a lot of work but they were still in the process. He said the Planning Commission could decide if their use met the conditional use of a zoning restriction. He said he needed to pursue action of the master plan. Councilmember Buhler said he appreciated what Councilmember Christensen was trying to do. He said maybe the property did need to be rezoned. He said there was heavy industrial areas on both sides of the road. He said on the northern border there was an automobile junkyard and to the south there appeared to be a large tanks manufacturer. He said Planning staff said if this property was rezoned permanently there would be many nonconforming properties within the zone. Councilmember Buhler said he did not feel comfortable fast tracking this issue. He said it was not fair to Harper for the City to change the rules to prevent them from going forward for several months. He said he opposed the motion. He said he hoped if the action did not pass, the Planning Commission would study this issue carefully. Councilmember Lambert said he appreciated what Councilmember Christensen was trying to accomplish. He said his instinct was to preserve an open flowing river and open space. He said he had not had the opportunity to see the land. He said he did not want to rezone the property without giving property owners an opportunity to comment. He said he would vote against the motion. Councilmember Turner said he would also be voting against the motion. He said he had not had a chance to see the property. Councilmember Love called for the question. The motion failed, all members present voted nay except Councilmember Christensen who voted aye. (G 04-8) UNFINISHED BUSINESS #1. RE: Adopting an ordinance confirming the modified and equalized assessment rolls and levying an assessment against certain properties in the Salt Lake City, Utah Central Business Improvement District No. DA-CBID-03, to promote business activity and economic development in an area of Central Downtown Salt Lake City, by assessing benefited properties within the district for the costs of such economic promotion activities for a period of three years; establishing the effective date of this 04 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 ordinance; and related matters. Councilmember Buhler moved and Councilmember Turner seconded to adopt Ordinance 11 of 2004, which motion carried, all members present voted aye. (Q 03-7) #2. RE: Adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Division of Parks and Recreation to finalize the transfer of State Park property along the Jordan River to Salt Lake City ownership. Councilmember Christensen thanked the Mayor for stepping forward on this two years ago. He said the City's stewardship on the parkway has far exceeded the State's and has served as an amenity for residents in his district. Councilmember Saxton said she was concerned about deferred maintenance and why one government entity felt they could make it pay for itself when another government entity could not. She said the City did not need to buy a golf course in order to initiate a youth program. She said this was a bad decision because the City had limited funds for maintenance. She said she would vote against the motion. Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 19 of 2004, which motion carried, all members present voted aye except Councilmember Saxton who voted nay. (C 04-109) #3. RE: Adopting a motion authorizing the Council Chair to sign an agreement with the Mayor and the Chair of the Library Square Foundation for Art, Culture and Science regarding the matching funds that the Leonardo must raise before the City would issue a general obligation bond for the refurbishment of the old library building. This item was pulled from the agenda. (C 04-403) #4. RE: (Tentative) Setting the date of April 6, 2004 at 7:00 p.m. to accept public comment and consider adopting a resolution authorizing and approving a pledge of its sales tax revenues; authorizing the execution by the City of a pledge and loan agreement and any other documents required in connection therewith; providing for the publication of a notice of pledge of excise tax revenues; providing for the running of a contest period; authorizing and approving the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters. (UTOPIA) This item was referred to March 18, 2004. (Q 04-4) CONSENT AGENDA #1. RE: Setting the date of April 6, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending the regulations contained in the Salt Lake City Zoning Code regarding places of worship pursuant to Petition No. 400-03-22. (0 04-5) #2. RE: Adopting Ordinance 12 of 2004 approving the assessment list and levying an annual assessment upon property in Salt Lake City, Utah Lighting District No. 3, 04 - 9 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 16, 2004 now known as L03; establishing the effective date of the 2004 assessment ordinance; and related matters. (Q 04-6) #3. RE: Approving the re-appointment of Daniel J.H. Greenwood to the Housing Trust Fund Advisory Board for a term extending through December 25, 2006. (I 04-12) Councilmember Lambert moved and Councilmember Buhler seconded to approve the Consent Agenda, which motion carried, all members present voted aye. The meeting adjourned at 10:02 p.m. bj 04 - 10