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04/15/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 15, 2003 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, April 15, 2003, 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 Nancy Saxton Dave Buhler Jill Remington Love The following Councilmember was absent: Dale Lambert Rocky Fluhart, Chief Administrative Officer; Gary Mumford, Deputy Council Director; Edwin Rutan, City Attorney; and Scott Crandall, Deputy City Recorder were present. Councilmember Christensen presided at and Councilmember Jergensen conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Turner moved and Councilmember Love seconded to approve the minutes of the Salt Lake City Council meeting held April 8, 2003, which motion carried, all members present voted aye, except Councilmember Saxton who was absent for the vote. (M 03-1) PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Code to create an alternative sign overlay district for the automobile dealership properties located at 1530 South 500 West, pursuant to Petition No. 400-02-32. (Jerry Seiner) View Attachment ACTION: Councilmember Buhler moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Buhler moved and Councilmember Turner seconded to adopt Ordinance 14 of 2003, which motion carried, all members present voted aye. DISCUSSION: Dorothy Pleshe, legal counsel for the petitioner, said the proposal was prepared through numerous meetings with the Planning Department. She said the overlay district was designed to apply to large parcels which had competing needs for signage but had a common theme. Councilmember Turner said no residential homes were located near the proposal and the impact on the neighborhood would be positive. (P 03-9) #2. RE: Accept public comment and consider adopting an ordinance rezoning property located at 1135 East 1700 South from Institutional to Residential, pursuant to Petition No. 400-02-29. View Attachment ACTION: Councilmember Love moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Love moved and Councilmember Turner seconded to adopt Ordinance 15 of 2003, which motion carried, all members present voted aye. (P 03-10) 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 15, 2003 #3. RE: Accept public comment and consider adopting an ordinance rezoning property located at 1060 South 900 West from Residential to Open Space and amending the Master Plan, pursuant to Petition No. 400-02-31. (Jordan Park) ACTION: Councilmember Turner moved and Councilmember Buhler seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Turner moved and Councilmember Love seconded to adopt Ordinance 16 of 2003, which motion carried, all members present voted aye. DISCUSSION: Councilmember Turner said the University of Utah would occupy the caretaker's house located on the south side of the property. He said the neighborhood supported the proposal and he hoped the University of Utah would continue to grow in his area. Councilmember Saxton said the City needed to pay for the loss of the house and the amount of money given to the Housing Trust Fund would set an example. (P 03-8) #4. RE: Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 44 of 2002 which approved, ratified and finalized the budget for the Library Fund of Salt Lake City, Utah for the fiscal year beginning July 1, 2002 and ending June 30, 2003. ACTION: Councilmember Saxton moved and Councilmember Love seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Saxton moved and Councilmember Turner seconded to adopt Ordinance 17 of 2003, which motion carried, all members present voted aye. (B 02-3) COMMENTS TO THE CITY COUNCIL The following submitted written comments or spoke concerning the Main Street easement: Bonnie Mangold, Lonnie Pursifull, and Eric Rounds. Comments included guaranteed access, public assets, constitutional rights, freedom of speech, and religious oppression. Douglas Cotant said he felt members of the television program "Touched by an Angel" needed to be recognized for contributions to the City. Jan Bartlett spoke concerning openness and the public's ability to provide input on community issues. He said the Administration and Council needed to be open to new and creative ideas and allow more time for community input on City issues. The following submitted written comments or spoke concerning artists: Shaun Christensen, Jeff Nye, and Gayle Parsons. Comments included artistic expression, community spirit, positive impact, constitutional rights, and ability to display and sell art. Cindy Cromer spoke concerning inadequate parking for proposed businesses at 900 South McClelland. She said the Administration needed more direction regarding the legislative action initiated by the Council concerning parking requirements for business zones. 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 15, 2003 UNFINISHED BUSINESS #1. RE: Adopting an ordinance amending Section 14.38.190, Salt Lake City Code, relating to special events and extending the expiration date of Ordinance 22 of 2002. (sidewalk entertainers and artists) ACTION: Councilmember Buhler moved and Councilmember Turner seconded to adopt Ordinance 18 of 2003 including an amendment in Section 5 extending the ordinance from August 31, 2003 to November 30, 2003, which motion carried, all members present voted aye. DISCUSSION: Councilmember Buhler said Library Square would be included in the proposed amendment and the sunset date extended to allow time for the ordinance to be refined. He said the Administration could present an ordinance to the Council prior to November but the ordinance needed to be in place before next spring. Councilmember Saxton said she wanted to make certain the proposed amendment included Library Square locations and was not just an extension. (0 02-11) #2. RE: Adopting a legislative action item requesting the Administration to reevaluate the zoning ordinance relating to the non-conforming use and non-complying structure regulations. View Attachment ACTION: Councilmember Christensen moved and Councilmember Turner seconded to adopt the legislative action item, which motion carried, all members present voted aye. DISCUSSION: Councilmember Saxton said all areas of the City had non-conforming structures and masterplans and designs for each area would be different. She said she wanted to encourage the Administration and Planning Department to meet with smaller neighborhood groups to address the issue. She said areas with heavy concentrations might require block-by-block or individual attention. Councilmember Christensen said he was concerned the City was placing property owners with non-conforming use in a position where they could not refinance or rebuild their properties. He said he agreed with Councilmember Saxton and hoped a flexible process could be found to address the issue for everyone. (0 02-11) #3. RE: Adopting an appropriation resolution adopting the one-year action plan for the 29th Year Community Development Block Grant funding (CDBG) , HOME investment partnerships program funding, Emergency Shelter Grant funding (ESG) and Housing Opportunities for Persons with AIDS funding (HOPWA) (2003-2004) and approving an interlocal cooperation agreement between Salt Lake City and the United States (US) Department of Housing and Urban Development (HUD) . ACTION: Councilmember Jergensen moved and Councilmember Buhler seconded to adopt the Tenth East Senior Citizen Center project, which motion carried, all members present voted aye, except Councilmember Saxton who was recused. Councilmember Buhler moved and Councilmember Saxton seconded to adopt Resolution 16 of 2003, (Tenth East Senior Citizen Center project adopted separately) , which motion carried, all members present voted aye. DISCUSSION: Councilmember Saxton recused herself from the formal vote on the Tenth East Senior Citizen Center due to a conflict of interest. See file M 03-4 for funding allocations. 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 15, 2003 (T 03-1) CONSENT AGENDA ACTION: Councilmember Love moved and Councilmember Buhler seconded to approve the Consent Agenda, which motion carried, all members present voted aye. #1. RE: Setting the date of May 13, 2003 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending certain sections of Chapter 18. 98 of the Salt Lake City Code, relating to impact fees. (0 99-22) #2. RE: Setting the date of May 13, 2003 at 7:00 p.m. to accept public comment and consider adopting a resolution amending Resolution 31 of 2002, changes to the Small Business Revolving Loan Fund, and approving a grant to the Microenterprise Loan Fund. (R 03-5) #3. RE: Setting the date of May 13, 2003 at 7:00 p.m. to accept public comment and consider adopting an ordinance enacting Article VII of Chapter 5.64, Salt Lake City Code, relating to mobile ice cream vendors. (0 02-30) #4. RE: Setting the date of May 6, 2003 at 7:30 p.m. , or immediately following the Mayor's Budget Presentation, to accept public comment regarding housing issues in Salt Lake City. (H 03-5) #5. RE: Approving the reappointment of Leland Myers to the Public Utilities Advisory Committee for a term extending through January 15, 2007. (I 03-9) #6. RE: Approving changing the term ending date for Tom Berggren on the Board of Adjustment to December 31, 2005. (I 03-1) The meeting adjourned at 9:13 p.m. sc 03 - 4