11/17/2009 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 17 , 2009
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, November 17, 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 JT Martin Eric Jergensen
Jill Remington Love Soren Simonsen Luke Garrott
The following Councilmember was absent:
Van Turner
Note: Councilmember Turner joined the Council via phone for Item
D1 relating to the Sorensen Multi-Cultural Center.
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff;
and Scott Crandall, Deputy City Recorder; were present.
Councilmember Christensen presided at and Councilmember Simonsen
conducted the meeting.
OPENING CEREMONY
#1 . 7:23:59PM The Council led the Pledge of Allegiance.
PUBLIC HEARINGS
#1 . RE : 7:24:29PM Accept public comment and consider adopting an
ordinance amending the land use designation of the Northwest Community
Master Plan Future Land Use Map for property located at approximately
356-358 North Redwood Road from Parks/Open Space to Medium Density
Residential; Juston Puchar, Crestview Holdings pursuant to Petition No.
400-08-10 . View Attachments
Jeff Salt and Ray Wheeler spoke in opposition of the proposal .
Juston Pucher spoke in favor of the proposal .
Councilmember Christensen moved and Councilmember Martin seconded
to close the public hearing and defer action to a future meeting, which
motion carried, all members present voted aye .
(P 09-19)
PUBLIC HEARING ACTION ITEMS
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#1 . RE: 7:36:49PM Adopting a resolution authorizing an Interlocal
Agreement for Salt Lake County to operate the Sorenson Multi-Cultural
Center. View Attachments
Councilmember Turner participated in the discussion/vote via
phone .
Councilmember Christensen moved and Councilmember Jergensen
seconded to adopt Resolution 63 of 2009 authorizing an interlocal
agreement with Salt Lake County to operate the Sorensen Multi-Cultural
Center with the following conditions : 1) That the agreement include a
requirement that Salt Lake County maintain the current operating hours .
2) That the agreement include a requirement that the County retain the
current programs , but have the option to propose alternate
activities/programs to the City based upon the recommendations of a
soon to be organized Citizen Board. 3) That the Citizen Board be
established with formal approval of board membership through the board
appointment processes for the respective governmental entities, Salt
Lake City and Salt Lake County and 4) That the agreement include a
requirement for the volunteer programs and community partnerships at
the Sorenson Center be retained by Salt Lake County and that every
effort is made to maintain the current relationship with the University
of Utah Bennion Center.
7:39:35 PM Council Members comments on the issue included
challenging/difficult issue, long-term interests, budget limitations,
viable option, maintain service levels, community resource, addressing
residents concerns, potential cuts, confidence in Salt Lake County' s
ability to provide/administer programs and providing after school/youth
programs .
Ms . Gust-Jenson read the attached statement prepared by
Councilmember Turner. (See file C 09-783) View Statement
Councilmember Simonsen called for the question, which motion
carried, all members voted aye, except Councilmember Garrott, who voted
nay.
(C 09-783)
#2 . RE : 7:49:17 PM Adopting an ordinance amending the text of
Section 21A. 32 . 140, Table of Permitted and Conditional Uses, to list
social clubs as a conditional use in a Mixed Use (MU) zoning district
pursuant to Petition PLNPCM2009-00045 . (Jam in the Marmalade) View
Attachments
Councilmember Garrott moved and Councilmember Love seconded to
adopt Ordinance 65 of 2009 amending the Table of Permitted and
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Conditional Uses to Salt Lake City Code to list social clubs as a
conditional use in mixed use districts with the following amendment:
That the requirements listed for social clubs that are part of the
amendment include a requirement under paragraph A-i (Small Roman
Numeral I) that the security and operations plan would include a
parking management plan that takes into consideration the impact of
parking on surrounding neighborhoods .
7:50:42 PM Council Members comments included addressing noise,
parking, trash, transportation and neighborhood issues, integrating
mixed uses, enhancing neighborhoods, using model for future conditional
use permits, and sensitivity/impact to surrounding residential areas .
Councilmember Simonsen called for the question, which motion
carried, all members present voted aye .
(P 09-18)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7:56:29 PM
Councilmember Simonsen asked Mayor Becker to report on his recent
trip to Washington. Mayor Becker said some discussion items included
transportation/transit, sustainability and cost savings and efficiency
measures . He said the Federal Government planned to combine three
departments (Department of Transportation, Housing/Urban Development
and the Environmental Protection Agency) to improve efficiencies and
coordination. He said state and local governments needed to be
included in those efforts . He said he learned some interesting things
that would help the City pursue appropriations and grants .
COMMENTS TO THE CITY COUNCIL 8:00:12 PM
Jihad Al-Ali spoke and submitted written comments requesting a
hearing regarding "Culting" crimes .
Steve Alder and Cindy Cromer spoke or submitted written comments
regarding the University of Utah' s funding request relating to the
Museum of Natural History.
The following spoke or submitted written comments in opposition to
the proposed sports complex which would be located along the Jordan
River: Michael Budig, Cynthia Spigle, Amy O'Connor, Mallory
Millington, Victoria Billings, Jeremy King, Ray Wheeler, Barbara
RuFenacht, Nancy Saxton, Jeff Salt, Dan Potts, Willy Littig, Sara
Solaimanian, Tyrone Harrison, Vaughn Lovejoy and David Andreasen.
Comments included preserving the Jordan River corridor, natural
environment/bird habitat protection, relocate soccer fields, costs
associated with flood prevention, inadequate funding, rationale for
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site selection, provide options for transparent public process, assess
soccer needs, riparian corridor and location needed with better public
access .
Shyanne Samuel, Mindy Simpson, Noellia Leon, Jose Garcia, Sr. ,
Jose Garcia, Jr. and Cindy Harling spoke or submitted written comments
in opposition of transferring the Sorenson Center to Salt Lake County.
Douglas Cotant spoke concerning the need to repair a broken
sidewalk located outside the Broadway Shopping Center.
Sam Petersen spoke in opposition to Item D2 relating to social
clubs .
UNFINISHED BUSINESS
#1 . RE: 8:44:14 PM The Board of Canvassers, which includes the
Mayor and City Council, will Canvass and Declare the Results of the
Municipal General Election held on Tuesday, November 3, 2009 . The
election was held for the offices of Council Members for Council
Districts 1 , 3, 5, and 7 . The term for each of these positions is four
years .
Councilmember Garrott moved and Councilmember Christensen seconded
to recess as the City Council and convene with the Mayor as the Board
of Canvassers, which motion carried, all members present voted aye .
Councilmember Christensen moved and Councilmember Jergensen
seconded to canvass the returns and consider a motion declaring the
results of the November 3, 2009 Municipal General Election, which
motion carried, all members present voted aye .
Brian Roberts, Senior City Attorney, made a clarification
regarding "declaring" election results . He said the statue required an
active vote declaring certain candidates as elected. Councilmember
Simonsen asked if the Council needed to state each candidate' s name
separately. Mr. Roberts said yes .
Councilmember Jergensen moved and Councilmember Garrott seconded
that the Board of Canvassers consider the report from the City Recorder
and declare Carlton Christensen the winner in District 1, Stan Penford
the winner in District 3, Jill Love the winner in District 5 and Soren
Simonsen the winner in District 7, which motion carried, all members
present voted aye .
Councilmember Love moved and Councilmember Christensen seconded to
adjourn as the Board of Canvassers and reconvene as the City Council,
which motion carried, all members present voted aye .
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TUESDAY, NOVEMBER 17 , 2009
(U 09-2)
#2 . RE: 8:49:31 PM The City Council only will sit as the Board of
Canvassers for the Special Bond Election held on Tuesday, November 3,
2009 . The Special Bond Election was for the issuance of $125,000 , 000
General Obligation Bonds of the City to provide a safety administration
and operations building, an emergency operations center, and related
facilities .
Councilmember Jergensen moved and Councilmember Garrott seconded
to recess as the City Council and convene as the Board of Canvassers,
which motion carried, all members present voted aye .
Councilmember Christensen moved and Councilmember Love seconded to
accept the results in the affirmative for the Bond Election in regards
to the public safety building, which motion carried, all members
present voted aye.
Councilmember Garrott moved and Councilmember Jergensen seconded
to adjourn as the Board of Canvassers and reconvene as the City
Council, which motion carried, all members present voted aye.
(U 09-2)
#3 . RE: 8:51:00PM The City Council, as the governing body for the
Special Bond Election, will consider adopting resolution finding and
promulgating the results of a special bond election held in the City on
the question of the issuance by the City of $125,000,000 of general
obligation bonds to provide a public safety administration and
operations building, an emergency operations center, and related
facilities; and providing for related matters as the official findings
required by 11-14-207 (2) (a) . View Attachments
Councilmember Christensen moved and Councilmember Jergensen
seconded to adopt Resolution 64 of 2009, which motion carried, all
members present voted aye .
(Q 09-6)
#4 . RE: 8:51:23 PM Setting the protest hearing date of Tuesday,
January 12 , 2010 at 7 : 00 p.m. to consider adopting a resolution of the
City Council of Salt Lake City, State of Utah (the "City") , designating
an Assessment Area for the purpose of levying assessments against
properties within the Assessment Area to continue to promote business
activity and economic development in an area of Central Downtown Salt
Lake City by assessing benefited properties within the Assessment Area
for the costs of such economic promotion activities for a period of
three years (the "Assessments") ; to negotiate a contract with the
Downtown Alliance to manage the Assessment Arca; and to fix a time and
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place for protest against the Assessment Area and its assessment, and
related matters . View Attachments
Councilmember Garrott moved and Councilmember Love seconded to set
the date and adopt Resolution 65 of 2009, which motion carried, all
members present voted aye .
Ms . Gust-Jenson said the agenda language contained the phase "to
negotiate a contract with the Downtown Alliance to manage the
Assessment Area" . She said that language needed to be removed.
The Council clarified the motion by removing the reference "to
negotiate a contract with the Downtown Alliance to manage the
Assessment Area" from the proposal .
(Q 09-10)
#5 . RE: 8:51:51 PM Adopting an ordinance amending Chapter
2 . 52 . 120, Layoffs. View Attachments
Pat Peterson, PEC Chair, submitted written comments in opposition
of the proposal .
Councilmember Garrott moved and Councilmember Love seconded to
adopt Ordinance 66 of 2009, which motion carried, all members present
voted aye .
(0 09-38)
#6 . RE : 8:53:59 PM Adopting an ordinance amending Chapter 2 .24 ,
Employee Appeals Board. View Attachments
Pat Peterson, PEC Chair, submitted written comments in opposition
of the proposal .
Councilmember Garrott moved and Councilmember Christensen seconded
to adopt Ordinance 67 of 2009, which motion carried, all members
present voted aye .
(0 03-25)
CONSENT AGENDA 8:54:19 PM
Councilmember Christensen moved and Councilmember Love seconded to
approve the Consent Agenda, which motion carried, all members present
voted aye .
#1. RE: Setting the date of Tuesday, December 1 , 2009 at 7 : 00
p.m. to accept public comment regarding a resolution adopting the 2009
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Water Conservation Master Plan, as required by Section 73-10-32 of the
Utah Code . View Attachments
(T 09-3)
#2 . RE: Setting the date of Tuesday, December 1, 2009 at 7 : 00
p.m. to accept public comment regarding a proposed ordinance enacting
Chapter 5 . 15, establishing the Landlord/Tenant Initiative Program and
making related changes to Chapter 5 . 04, Business Licenses, and Chapter
5 . 14, Rental Dwellings .
(0 09-39)
#3. RE: Setting the date of Tuesday, December 1, 2009 at 7 : 00
p.m. to accept public comment regarding an ordinance amending Section
6. 08 . 084, pertaining to spacing of brewpubs and microbreweries,
exempting those located within both liquor District A and a D-1, D-2,
D-3 or D-4 zone from the requirement that only one brewpub or
microbrewery may be located on either side of a major street; and
amending Section 6 . 08 . 120, setting forth location restrictions for
class C beer licenses and class B and C private club licenses, to
eliminate spacing restrictions between licensed establishments that are
within both liquor District A and a D-1, D-2, D-3 or D4 zone. View
Attachments
(0 09-40)
#4 . RE: Setting the date of Tuesday, December 1 , 2009 at 7 :00
p.m. to accept public comment regarding an ordinance amending the Salt
Lake City Library operating and capital budget for Fiscal Year 2009-
2010 . View Attachments
(B 09-2)
#5 . RE: Approving the appointment of Dave Richards to the
Historic Landmark Commission for a term extending through July 14,
2012 .
(I 09-16)
#6 . RE : Approving the appointment of Thomas Carter to the
Historic Landmark Commission for a term extending through July 14 ,
2012 .
(I 09-16)
#7 . RE : Approving the appointment of Jerod G. Johnson to the
City and County Building Conservancy and Use Committee for a term
extending through July 15 , 2013 .
(I 09-8)
The meeting adjourned at 8 : 54 p .m.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 17 , 2009
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
November 17, 2009 .
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