04/19/2005 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 19, 2005
The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, April 19,
2005, 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 Nancy Saxton
Jill Remington Love Eric Jergensen Dave Buhler
Dale Lambert
Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Executive Council Director; Lynn
Pace, Deputy City Attorney; and Scott Crandall, Deputy City Recorder; were present.
Councilmember Lambert presided at and Councilmember Turner conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Youth City Government presented the Youth State of the City report. Michael
Cartier, University of Utah; Tess Wise, West High School; Suneeti Agrawal, Highland
High School, Joseph Burg, West High School, and Erik Burg, Judge Memorial High School,
presented the report. (See file M 05-1 for report)
#3. Councilmember Christensen moved and Councilmember Saxton seconded to approve the
minutes of the Salt Lake City Council meeting held April 12, 2005, which motion carried,
all members voted aye. View Minutes
(M 05-3)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance closing and
abandoning a portion of California Avenue between 300 West and the UTA/TRAX right-of-
way at 200 West, Washington Street between California Avenue and 1400 South and the
alley located between 1300 South and California Avenue (adjacent and west of the
UTA/TRAX right-of-way (200 West) pursuant to Petition No. 400-04-09. View Attachment
Councilmember Lambert moved and Councilmember Jergensen seconded to close the
public hearing, which motion carried, all members voted aye.
The public hearing was reopened to accept comment from Sam Granato who spoke in
favor of the proposal.
Councilmember Love moved and Councilmember Christensen seconded to re-close the
public hearing, which motion carried, all members voted aye.
Councilmember Love moved and Councilmember Lambert seconded to adopt Ordinance 14 of
2005.
Councilmember Christensen said he spoke with the Attorney' s Office regarding a
potential conflict of interest relating to his brother's employment with Lowe's. He
said the Attorney' s Office said the situation did not create a legal conflict and
Councilmember Christensen could participate in the formal vote. He said he felt the
proposal would make a positive change for the City and neighborhood and he would vote
in favor of the proposal.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, APRIL 19, 2005
Councilmember Love said the proposal was in her district and would be a good addition
to the City. She said the area being utilized by Lowe's was zoned for large retail and
she would support the proposal.
Councilmember Saxton said she agreed Lowe's would be a good addition and would increase
activity along 300 West. She said she wanted the words "facilitate pedestrian access"
contained in the proposed conveyance agreement changed to "convenient pedestrian
access". She said she felt it was important to stress convenience and she hoped Lowe's
would agree that it would be an advantage for them.
Councilmember Turner called for the question, which motion carried, all members voted
aye.
(P 05-10)
#2. RE: Accept public comment and consider amending Chapter 21A.38, Salt Lake City
Code, pertaining to non-conforming uses and non-complying structures, Section
21A.52.030, Salt Lake City Code, pertaining to special exceptions, Section 21A.62.040,
Salt Lake City Code, pertaining to definitions and amending the Avenues Community
Master Plan pursuant to Petition No. 400-03-34. View Attachment
The following spoke or submitted written comments on the proposed ordinance: Cindy
Cromer, Cosette Joesten, Charles Cowley, Victoria Marion, Rod Young, Elyse White, Todd
Ridgeway, and Allyn Mahoney. Comments included uneven property distribution, financing
options, conditional use criteria, potential housing loss, lending institutions
requiring rebuild letters, landscape buffers, disallow chain link fence, reduce
vandalism/noise, and impact on property values.
Councilmember Saxton moved and Councilmember Jergensen seconded to close the
public hearing, which motion carried, all members voted aye.
Councilmember Christensen moved and Councilmember Saxton seconded to adopt Ordinance
15 of 2005 amending the zoning ordinance relating to non-conforming uses and non-
complying structures to allow 100% reconstruction of structures when damaged by fire
or other natural causes, without also addressing enlargement and/or intensification of
use, and amending the Avenues Community Master Plan and further moved to refer the
proposal for enlargement, alteration or intensification of non-complying uses or non-
complying structures back to the Planning Commission for additional refinement and
request that the proposal be returned to the Council by July 1, 2005.
Councilmember Christensen said the motion approved the portion of the ordinance which
allowed property owners to rebuild existing structures to current size and conformity.
He said even though enlargement issues were addressed by the Planning staff the Council
felt there were still concerns which needed to be addressed. He said he hoped the
issues could be considered in July.
Councilmember Saxton said this was a difficult issue which had been debated for a long
time. She said the number of non-conforming and non-complying structures varied between
communities and created concerns about potential impact to residents and neighborhoods.
She said she hoped neighborhood diversity would be created with different types of
building structures and uses.
Councilmember Saxton said the second half of the motion regarding expanding non-
conforming and non-complying structures would be more difficult to address. She said
she was confident City staff would present reasonable options for the Council to
consider.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
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Councilmember Jergensen said the Avenues Community Master Plan needed to be amended
because it did not address both replacement and enlargement aspects. He said he felt
the City was headed in the right direction. He said the proposal would strengthen the
community and allow neighborhoods to retain their fabric and history.
Councilmember Turner called for the question, which motion carried, all members voted
aye.
(0 03-5)
#3. RE: Accept public comment regarding a request by North Salt Lake City to
disconnect 80 acres from Salt Lake City' s municipal boundary pursuant to Petition No.
400-04-11. View Attachment
The following spoke or submitted written comments on the proposed disconnect: Kay
Briggs, North Salt Lake City Mayor, Cindy Cromer, Juan Arce-Larreta, Georg
Stutzenberger, Bob Fisher, Elise Ziegenbusch, Robyn Gross, Mark Clemens, Helen Peters,
Lynn Ballard, North Salt Lake City Council, Steven Smoot, Cliff Porter, Joel Briscoe,
Wilford Cannon, Brian Muir, North Salt Lake City Council, Larry Swanson, Sharyl Smith,
and Tracie Kirkham. Comments included open space protection, private property rights,
generating revenue, proposed cemetery, land values, residential development,
pedestrian/bike trails, missed opportunities, master plan and zoning issues, unique
property, golf course bond, conservation easement, unobstructed views, parks, joint
council discussions, no available services, property investment, trespassing,
penalizing taxpayers, precedents, school district issues, and appropriate governing
body.
Councilmember Lambert moved and Councilmember Jergensen seconded to close the
public hearing, which motion carried, all members voted aye.
Councilmember Lambert said the Council would make a decision on this petition
within the 45-day limit provided by law.
(P 04-32)
COMMENTS TO THE CITY COUNCIL
The following spoke or submitted written comments regarding the HMG
Properties/City Plaza Apartment proposal: James Wood, Gary Smith, Keith Jensen, Kevin
Keating, Chris Corroon and Bob Farrington. Comments included rental housing needs,
population demographics, high employment concentration, housing inventory, economic
benefit, accommodating growth, housing policies, affordable housing, developer fees,
market impact, long-term goals to increase housing stock, and loan restrictions.
Bob Fisher spoke concerning the City's policy regarding non-profit organizations
helping citizens obtain government information. Councilmember Turner asked if someone
would follow-up with Mr. Fisher about this issue.
UNFINISHED BUSINESS
#1. RE: Adopting a resolution authorizing a loan from the Salt Lake City' s Housing
Trust Fund to HMG Properties, LLC the City Plaza Apartment. View Attachment
Councilmember Saxton moved and Councilmember Buhler seconded to deny the loan request.
Councilmember Saxton said the Housing Trust Fund (HTF) policy generally limited loans
to approximately $300,000. She said there were limited funds and this request was
approximately three times the normal amount. She said she was concerned about the
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$800,000 the developer was taking out as a developer fee and potential vacancies
because the project was 60% of average median income (AMI) .
Councilmember Saxton said she understood 60% of AMI was the most difficult market
because of direct competition with existing at-market properties. She said the vacancy
rate for the project area was upwards of 8%. She said she was concerned about
subsidizing for-profit developers who were in direct competition with existing non-
profit entities who were trying to provide lower housing levels. She said if the
Council chose to approve the proposal, the $850, 000 request needed to be reduced to
the standard amount of $300,000.
Councilmember Saxton said the loan should be tied to the developer's ability to rent
the properties which would encourage them to keep the developer fee in the project
until the units were rented. She said the developer needed to be required to hold the
property for the length of the loan which was 15 years.
Councilmember Buhler said he felt this was a good project but he had some concerns.
He said he agreed the loan was almost triple the normal amount. He said the trust fund
had limited resources and consideration was needed on how resources could best be used
to better the City. He said the Council had a long standing policy to not loan money
on projects with income limitations as this project had. He said he would support the
motion because he was not comfortable going against that policy and the large amount
of the loan.
Councilmember Love said this was a difficult issue but she would oppose the motion.
She said she agreed the proposal went against the housing policy and was inconsistent
with previous loans but many experts said the downtown area needed more housing. She
said thousands of units were needed and she felt this proposal filled mid-level housing
needs. She said this was a large loan but the City would gain a large number of units
which were not available from past projects.
Councilmember Christensen said he agreed with Councilmember Love. He said the group
consisting of 60% of AMI was missing from the City's core downtown area and needed to
be solicited. He said he respected non-profit housing providers but he was not prepared
to exclude for-profit housing developers from HTF. He said he felt for-profit entities
played a pivotal role and taking developer fees enabled them to reinvest in other
housing projects. He said it was important for this project to be completed if the
City was going to invest money.
Councilmember Jergensen said he agreed with Council Members Christensen and Love and
would vote against the motion. He said when considering housing projects it was
important to look at existing housing in the area. He said he believed when developers
saw successful projects and the City' s commitment to downtown housing they would want
to participate. He said he thought the goal of thousands of units was not unreachable
with the City' s leadership and willingness to participate collaboratively with
developers. He said he felt this proposal met a specific need and was a good start.
Councilmember Lambert said he would support the loan. He said the City had both high-
end and low-end housing but lacked housing similar to what was being proposed. He
said the proposed project was designed for people who earned below AMI. He said he was
a proponent of more downtown housing although he had concerns about the size of the
proposed design. He said this was a sizable loan but he felt HTF was committed to
using their funding wisely. He said HTF supported the proposal and he had confidence
in their judgment.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
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Councilmember Lambert said he was not concerned about the for-profit nature of the
proposal because he felt more housing units needed to be built by for-profit groups
where the primary financing was coming through tax credits. He said that was not the
model the City was accustomed to but felt the City needed to learn to use this tool.
Councilmember Turner called for the question, which motion failed, all members voted
nay, except Council Members Saxton and Buhler, who voted aye.
Councilmember Jergensen moved and Councilmember Christensen seconded to adopt
Resolution 20 of 2005 authorizing $850,000 loan from the Salt Lake City Housing Trust
Fund to Workforce Housing Utah I, LLC for the City Plaza Apartments project, provided
the loan documents reflect the following restrictions: (1) restrict the General
Partner's ability to sell its interest in the Development while the Housing Trust Fund
loan remains outstanding, and (2) the developer agrees to defer receipt of at least
$850,000 of its developer fee and further moved that the loan be released after the
developers provide appropriate documentation showing that construction was at least
50% complete.
Councilmember Saxton asked if the motion contained a provision requiring the petitioner
to hold the property for a specific length of time. Councilmember Jergensen said the
first restriction in the motion addressed that issue. Councilmember Saxton said she
wanted the Council to reconsider lowering the amount to $300,000.
Councilmember Turner called for the question, which motion carried, all members voted,
except Council Members Saxton and Buhler, who voted nay.
(R 05-4)
#2. RE: Consider adopting a resolution adopting the Five-Year Consolidated Plan for
2005-2010, which includes the One-Year Action Plan for 2005-2006, and the Citizen
Participation Plan for Community Development Block Grant (CDBG) funding, Home
Investment Partnerships Program (HOME) funding, Emergency Shelter Grant (ESG) funding,
Housing Opportunities for Persons with AIDS (HOPWA) funding, and American Dream
Downpayment Initiative (ADDI) funding (Fiscal Year 2005-06) and approving interlocal
cooperation agreement between Salt Lake City and the U.S. Department of Housing and
Urban Development (HUD) . View Attachment
Councilmember Christensen moved and Councilmember Lambert seconded to adopt Resolution
21 of 2005, which motion carried, all members voted aye.
(T 05-1)
#3. RE: Setting the date of May 3, 2005 at 7:00 p.m. to hold a public hearing amending
Section 5.72.455, Salt Lake City Code pertaining to maximum taxicab rates.
Councilmember Jergensen moved and Councilmember Saxton seconded to set the date of May
3, 2005 for a public hearing, which motion carried, all members voted aye.
(0 05-2)
CONSENT AGENDA
#1. RE: Setting the date of May 10, 2005 at 7:00 p.m. to accept public comment
and consider adopting an ordinance rezoning the properties generally located at 238
West and 250 West 600 North from Residential Multi-Family (RMF-35) to Special
Development Pattern Residential (SR-1) , and amending the future land use map of the
Capitol Hill Master Plan pursuant to Petition No. 400-02-42.
(P 05-12)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
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#2. RE: Setting the date of May 10, 2005 at 7 :00 p.m. to accept public comment and
consider adopting an ordinance amending Section 21A.42.070 (E) , Salt Lake City Code,
pertaining to permitted temporary uses pursuant to Petition No. 400-04-18.
(0 05-3)
#3. RE: Approving the appointment of Maged Senbel to the Open Space Lands
Advisory Board for a term extending through March 1, 2008.
(I 05-13)
#4. RE: Approving the appointment of John E. Norman to the Open Space Lands Advisory
Board for a term extending through March 1, 2007.
(I 05-13)
#5. RE: Approving the appointment of Sue Stahle to the Business Advisory Board for
a term extending through December 29, 2008.
(I 05-7)
#6. RE: Approving the appointment of Daniel Glenn May to the Police Civilian Review
Board for a term extending through September 5, 2005.
(I 05-14)
#7. RE: Approving the appointment of Patti Esham to the Police Civilian Review
Board for a term extending through September 5, 2005.
(I 05-14)
#8. RE: Approving the appointment of David Richardson to the Board of Appeals and
Examiners for a term extending through March 1, 2010.
(I 05-15)
Councilmember Christensen moved and Councilmember Saxton seconded to approve the
Consent Agenda, which motion carried, all members voted aye.
The meeting adjourned at 8:59 p.m.
sc
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