10/16/2007 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 16, 2007
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, October 16, 2007, at 7 : 00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State .
The following Council Members were present :
Van Turner Carlton Christensen Jill Remington Love
Eric Jergensen Soren Simonsen Dave Buhler
The following Councilmember was absent :
Nancy Saxton
Cindy Gust-Jenson, Executive Council Director; Sam Guevara,
Mayor' s Chief of Staff; Edwin Rutan, City Attorney; and Scott Crandall,
Deputy City Recorder; were present .
Councilmember Turner presided at and Councilmember Christensen
conducted the meeting.
OPENING CEREMONY
#1 . 7:06:27 PM The Council led the Pledge of Allegiance .
#2 . 7:06:49 PM Councilmember Simonsen moved and Councilmember
Turner seconded to approve the minutes of the Salt Lake City Council
meeting held October 9, 2007, which motion carried, all members present
voted aye . View Attachments
(M 07-3)
PUBLIC HEARINGS
#1 . 7:07:14 PM Accept public comment and consider adopting an
ordinance approving Budget Amendment No. 1 for fiscal year 2007-2008 .
View Attachments
Councilmember Love moved and Councilmember Turner seconded to
close the public hearing, which motion carried, all members voted aye .
Councilmember Jergensen moved and Councilmember Simonsen seconded
to adopt Ordinance 46 of 2007 amending the fiscal year 2007-2008 budget
as proposed by the Administration as noted on the attached summary
sheet. By way of clarification, I also move that A-1 , the seismic
retrofit and asbestos mitigation expenditure of $2 ,518,724 for the
Leonardo/Former Library Building be adopted, contingent upon receipt of
the FEMA award agreement letter in the amount of $1,025,328, with the
understanding that these FEMA funds will be reimbursed back to the City
upon completion of this seismic retrofit and asbestos mitigation phase
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TUESDAY, OCTOBER 16, 2007
of the project and that the City seek every opportunity to reimburse
the fund balance for the additional roughly $1 . 5 million in
expenditures , which motion carried, all members present voted aye .
(B 07-10)
#2 . 7:08:42 PM Accept public comment and consider adopting
ordinances rezoning property located at approximately 750 North DeSoto
Street from Foothills Protection (FP) to Foothills Residential (FR-
2/21, 780) and Natural Open Space (NOS) , amending the Capitol Hill
Community Master Plan Future Land Map and closing a portion of 700
North Street located generally between Columbus and Cortez Streets .
(Petition No . 400-06-46 and 400-07-08) View Attachments
Dan Bethel said he did not want to give up his rights regarding
the 700 North right-of-way until an alley issue with his neighbor was
settled. He said they were close to a settlement and wanted more time
to resolve the issue .
Julianne Calderon and George Stutzenberger said they owned the
property at 700 North Columbus Street . They said their dispute with
Mr. Bethel did not involve Christopher Robinson' s project and wanted
the City to allow the proposal to move forward.
Christopher Robinson said he wanted to create a subdivision which
was acceptable to the City and the community. He said the dispute was
a private matter and felt it was not necessary to withdraw Parcels D
and E because third party claims would not be extinguished by the
petition.
Councilmember Jergensen moved and Councilmember Simonsen seconded
to close the public hearing, which motion carried, all members voted
aye .
Councilmember Simonsen asked Mr. Robinson about having a private
street verses a public street and how the gate was significant to the
development. Mr. Robinson said he did not have a preconceived notion
that the street needed to be private or gated. He said an S curve in
the street would create a place for people to park and could generate
an attractive nuisance for residents . He said except for width, the
street would be designed to meet City standards and non-vehicular
access would still be available . He said he did not want the
development to create problems for future homeowners .
Councilmember Jergensen moved and Councilmember Turner seconded
to adopt Ordinance 58 of 2007 and Ordinance 59 of 2007, subject to the
following:
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TUESDAY, OCTOBER 16, 2007
1 . water, sewer and stormdrain utilities are built to City
requirements and standards and are considered official City utilities .
2 . The street be built to public street standards that are City
approved.
a. The street may be gated and considered a private street as part
of the Planned Development Process .
b. Should the community/property owners ever request that the
street become public, the street will need to be in good repair to City
standards and the gate will need to be removed, subject to its being
accepted as a public street.
c. While a private street, City snow removal, street maintenance,
trash removal and related services will not be available to residents
on the private street.
d. Appropriate easements be dedicated by the developer to provide
access to City Public Utilities for water, sewer and stormdrain line
maintenance purposes .
Councilmember Jergensen said there was a lot of discussion
regarding private versus public streets and the neighborhood was
concerned about creating another attractive nuisance . He said there
were crime related activities throughout the City and when a
development was being considered, the City needed to be thoughtful in
terms of combating neighborhood nuisances . He said he felt a gate
would provide more security and reduce unwanted activities .
Councilmember Jergensen said although this would be private
property, the developer and community council had agreed to allow
pedestrian and bike access to areas such as Little Ensign, Ensign Downs
and Ensign Peak. He said requiring the street to be built to public
standards would help facilitate the process should private property
owners petition to return the street to the City. He said this might
be a reasonable method to address private/public street dilemmas in the
future .
Councilmember Jergensen said he raised the issue of taking parcels
D and E off the table. He said after questioning City departments, he
believed Mr. Bethel had sufficient vehicular and pedestrian access to
his property and the City should avoid any involvement in the private
property dispute . He said he recommended leaving parcels D and E in
the proposal and moving the project forward with proposed caveats .
Councilmember Christensen asked if public street standards
referenced in the motion dealt with actual construction rather than
street width. Ray McCandless, Senior Planner, said that was correct.
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He said the street standards dealt with how the street was physically
constructed.
Councilmember Jergensen asked Mr. McCandless to mention right-of-
way issues . Mr. McCandless said the standard right-of-way width for a
public street was typically 50-feet. He said through the planned
development process the width could be reduced to the minimum pavement
width of 20-feet.
Jeffry Niermeyer, Acting Public Utilities Director, asked the
Council to modify the motion to include storm drain utilities .
Councilmember Jergensen and Turner were in favor of amending the
motion.
Councilmember Simonsen asked if public street standards required
installation of sidewalks in the right-of-way. Mr. McCandless said
that decision was made by the Engineering Division. He said the
sidewalk could be waived on one side of the street but he thought the
policy had been to have sidewalk at least on one side of the street.
Councilmember Simonsen said he understood attractive nuisances
existed throughout the City but was concerned about setting a precedent
that the best way to solve nuisance issues was by closing streets and
making them private . He said public access was an essential part of
connecting neighborhoods .
Councilmember Simonsen made a substitute motion for this to be a
public street.
Councilmember Buhler asked if the intent was for this to be a
public street with a gate . Councilmember Simonsen said no.
Councilmember Christensen called for a second. He said the motion
failed for lack of a second.
Councilmember Love said although she had some concerns about the
gate she felt open space areas would be further protected by having a
gate and allowing pedestrian and bicycle access .
Councilmember Simonsen said if he understood correctly that the
gate would not preclude bicycle or pedestrian access . Councilmember
Jergensen said that was correct.
Councilmember Christensen called for a roll-call vote, which
motion carried, all members present voted aye .
(P 07-8)
COMMENTS TO THE CITY COUNCIL 7:36:37 PM
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Cindy Cromer said there were numerous problems with the ordinance
which dealt with economic hardship cases associated with historic
structures . She said the Mayor created a petition for a standing
committee to consider economic hardship cases . She said the scope of
the petition needed to be expanded.
Discussion was held on how to address the issue. Ms . Gust-Jenson
said the Mayor could amend his petition, the Council could adopt a
legislative action or the Planning Department could address the issue.
UNFINISHED BUSINESS
#1. RE: 7:40:49 PM Consider the appointment of Jeffry Niermeyer to
the position of Director of the Department of Public Utilities . View
Attachments
Councilmember Love moved and Councilmember Turner seconded to
approve the appointment, which motion carried, all members present
voted aye .
(I 07-26)
#2 . RE: 7:41:17 PM Adopting an ordinance amending Section
12 . 56 . 170, Salt Lake City Code, relating to parking meter rates - to
waive fees at parking meters from November 22 , 2007 through January 1 ,
2008 to allow for two-hour parking. View Attachments
Councilmember Buhler moved and Councilmember Simonsen seconded to
adopt Ordinance 47 of 2007 , which motion carried, all members present
vote aye .
(0 07-27)
#3. RE: 7:41:55 PM Adopting the following resolutions authorizing
Salt Lake City to accept the following grants: View Attachments
Councilmember Simonsen moved and Councilmember Love seconded to
adopt Resolution 64 of 2007, Resolution 65 of 2007, Resolution 66 of
2007 , Resolution 67 of 2007, Resolution 68 of 2007, and Resolution 69
of 2007, which motion carried, all members present vote aye .
a . the U. S . Department of Energy for Solar America Initiative
Grant. (Resolution 64 of 2007)
(C 07-678)
b . the Rocky Mountain Power, Leonardo sustainable Energy Project
Award. (Resolution 65 of 2007)
(C 07-679)
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c . the State of Utah, Federal Emergency Management Agency Pre-
disaster Mitigation Grant. (Resolution 66 of 2007)
(C 07-680)
d. the State of Utah, Commission on Criminal and Juvenile
Justice Grant (Police Video Surveillance Program) . (Resolution 67
of 2007)
(C 07-681)
e . the State of Utah, Commission on Criminal and Juvenile
Justice Asset Forfeiture Award. (Resolution 68 of 2007)
(C 07-682)
f . the State of Utah, Office of Crime Victim Reparations Grant.
(Resolution 69 of 2007)
(C 07-683)
#4 . RE: 7:42:36 PM Approving the appointments of Megan Rogers and
Barbara J. Riley to the Community Development and Capital Improvement
Program; Ms . Roger' s term will extend through June 7, 2010 and Ms .
Riley' s term will extend through June 1, 2009 .
Councilmember Jergensen moved and Councilmember Turner seconded to
approve the appointments, which motion carried, all members present
vote aye .
(I 07-3)
CONSENT AGENDA 7:42:57 PM
Councilmember Turner moved and Councilmember Love seconded to
approve the Consent Agenda, which motion carried, all members present
voted aye .
#1 . RE: Setting the date of November 13, 2007 at 7 : 00 p.m. to
adopt an ordinance closing a portion of 700 South at approximately 600
West as a public street pursuant to Petition No . 400-07-02 .
(P 07-10)
#2 . RE: Setting the date of November 13, 2007 at 7 : 00 p.m. to
adopt an ordinance closing a portion of the southern half of South
Temple Street between 750 West (I-15) and 900 West as a public street
pursuant to Petition No. 400-07-10 .
(P 07-11)
#3 . RE: Approving the re-appointment of Keith Jensen to the
Transportation Advisory Board for a term extending through September
27, 2010 .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 16, 2007
(I 07-21)
The meeting adjourned at 7 : 43 p .m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
October 16, 2007
sc
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