08/12/2008 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 12, 2008
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, August 12, 2008 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 Van Turner
Jill Remington Love Eric Jergensen Luke Garrott
The following Councilmember was absent:
Soren Simonsen
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; Mayor Ralph Becker; and Beverly Jones, Deputy City Recorder;
were present.
Councilmember Love presided at and Councilmember Christensen
conducted the meeting.
OPENING CEREMONY
#1 . 7:10:14PM The Council led the Pledge of Allegiance .
#2 . 7:10:49 PM Adopting a joint resolution with the Mayor
recognizing the contribution of the Italian Cultural Street Fair,
Farragosto, to the City. View Attachments
Councilmember Garrott moved and Councilmember Love seconded to
adopt Resolution 35 of 2008 , which motion carried, all members present
voted aye .
(R 08-1)
#3. 7:11:41 PM Adopting a joint resolution with the Mayor naming
the park located at 14th Avenue and H Street as Kay Rees Park. View
Attachments
The resolution was read by Councilmember Jergensen.
Councilmember Jergensen moved and Councilmember Garrott seconded
to adopt Resolution 36 of 2008, which motion carried, all members
present voted aye .
(R 08-1)
#4 . 7:15:41 PM Adopting a joint resolution with the Mayor
regarding a Carbon Emission Reduction Goal for Salt Lake City' s
Municipal Operations . View Attachments
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 12, 2008
Councilmember Jergensen moved and Councilmember Turner seconded to
adopt Resolution 37 of 2008, which motion carried, all members present
voted aye .
(R 08-5)
#5 . 7:19:11 PM Councilmember Garrott moved and Councilmember Love
seconded to approve the minutes of the Salt Lake City Council meeting
held July 22 , 2008, which motion carried, all members present voted
aye . View Attachments
(M 08-3)
PUBLIC HEARINGS
#1 . 7:20:26 PM RE: Accept public comment and consider adopting
three ordinances : 1) adopting the final rate of tax levy upon all real
and personal property within Salt Lake City made taxable by law for
Fiscal Year 2008-09; 2) adopting and ratifying the final Salt Lake City
budget, excluding the Library Fund, and the employment staffing
document of Salt Lake City, Utah, for Fiscal Year 2008-09; 3) adopting
and ratifying the final budget for the Library Fund of Salt Lake City
for Fiscal Year 2008-09 . View Attachments
Councilmember Jergensen moved and Councilmember Martin seconded to
close the public hearing, which motion carried, all members present
voted aye .
Councilmember Jergensen moved and Councilmember Love seconded to
adopt Ordinance 63 of 2008 adopting the final rate of tax levy upon all
real and personal property within Salt Lake City made taxable by law
for Fiscal Year 2008-2009 with the following rates : . 002869 for the
general fund, . 000618 for the Library fund and . 000430 for repayment of
General Obligation Bonds for a total tax break of . 003917 , which motion
carried, all members present voted aye .
Councilmember Jergensen moved and Councilmember Love seconded to
adopt Ordinance 64 of 2008 adopting the final City budget, excluding
the budget for the Library Fund which is separately adopted, and the
employment staffing document of Salt Lake City, Utah for Fiscal Year
2008-2009 with the exception of the budget and staffing document
relating to the storm water fund, which motion carried, all members
present voted aye .
Councilmember Jergensen moved and Councilmember Garrott seconded
to adopt Ordinance 65 of 2008 ratifying and adopting the final budget
and staffing relating to storm water fund, which motion carried, all
members present voted aye except Councilmember Christensen who was
recused for the vote .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 12, 2008
Councilmember Jergensen moved and Councilmember Turner seconded to
adopt Ordinance 66 of 2008 adopting and ratifying the final budget for
the Library Fund of Salt Lake City for Fiscal Year 2008-09, which
motion carried, all members present voted aye .
(H 08-7)
7:24:34PM QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL
Councilmember Turner thanked the Mayor for coming to the Glendale
Night Out Against Crime party. Mayor Becker said it was a terrific
evening and there was a lot of community support.
Councilmember Love thanked the Mayor and his staff for putting on
some training for the Truth and Taxation hearing.
Councilmember Garrott thanked the Mayor for the time, resources
and soul he has committed to Pioneer Park. He said the Friday night
movie series had taken off. Mayor Becker said it had been fun to watch
and participate in the recovery turn around of Pioneer Park. He said
it was happening more quickly than expected.
7:27:59PM COMMENTS TO THE CITY COUNCIL
The following people spoke in opposition of the proposed ordinance
placing a moratorium on halfway houses : Christina Coronado; Susan
Koehn; Tim Anker; Dave Copeland and Jerry Oldroyd.
The following people spoke or submitted cards in support of the
proposed ordinance on taxicab rates : Don Winder; Don Barron; Shawky
Taha; Abdi Ali Mohamed and Adawe Hussein.
UNFINISHED BUSINESS
#1 . 7:44:06 PM RE: Adopting an ordinance amending Appendix A of
Chapter 18 . 98 of the Salt Lake City Code, relating to the annual
inflationary adjustment to Impact Fees. View Attachments
Councilmember Love moved and Councilmember Turner seconded to
adopt Ordinance 67 of 2008, which motion carried, all members present
voted aye .
(0 07-17)
#2 . 7:44:59 PM RE: Adopting an ordinance granting a
telecommunications franchise to TCG, Utah to place facilities within
the City rights-of-way subject to certain conditions and securing
permits . View Attachments
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 12, 2008
Councilmember Jergensen moved and Councilmember Martin seconded to
adopt Ordinance 68 of 2008, which motion carried, all members present
voted aye .
(0 08-22)
#3. 7:45:30PM RE: Adopting an ordinance amending Section 5 . 72 . 455,
Salt Lake City Code, pertaining to maximum taxicab rates . View
Attachments
Councilmember Turner moved and Councilmember Martin seconded to
adopt Ordinance 69 of 2008 with the intent that the Administration
bring back its proposed formula for determining mileage charges and
flag drop rates that taxicab drivers may charge customers for review
and consideration by the Council in the next 60 days, which motion
carried, all members present voted aye .
(0 05-2)
#4 . 7:46:44 PM & 7:58:29 PM & 8:43:50 PM RE: Adopting an ordinance
enacting temporary land use regulations for halfway homes in excess of
six (6) residents throughout the City. View Attachments
Councilmember Love moved and Councilmember Turner seconded to
adopt Ordinance 70 of 2008 .
Councilmember Love said the temporary restriction did not have to
last six months . She said she wanted to be good partners with the
State in finding quick solutions . She said she felt the City' s zoning
ordinances were not equipped to evaluate this request . She said a
lengthy process on conditional uses had been done and they knew
criteria were not there to evaluate the request.
Councilmember Martin said he felt there was a flaw in the
ordinances . He said the petitioners had gone through the process and
found a suitable piece of property. He said the Council should trust
the Planning Commission to make the right decision. He said he felt
strongly about this and did not want to pass the ordinance .
Ms . Gust-Jenson said at the request of Councilmember Love she had
checked with Councilmember Simonsen who was out of town. She said he
had asked that the Council telephone him if there was anything
controversial . She said she did not know what his opinion was . She
said if the Council held a Closed Session Councilmember Simonsen wanted
to participate .
Councilmember Christensen said they would take a ten minute break
and move across the hall to Room 326 so Councilmember Simonsen could
participate in the discussion by phone . He said the meeting would
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 12, 2008
still be public. Councilmember Sorensen joined the meeting by phone
and Councilmember Martin brought him up to date on what had been
discussed.
Councilmember Turner said many times the Council waited a week or
more before making final decisions . He said if they looked at the
issue only as a halfway house and did not look at the broader issue,
then he felt a disservice would be done to the City, the community and
the property owners . He said transportation meant economic development.
He said they needed to step back and think about long term
possibilities in the area. He said he wanted more time to study the
issue .
Councilmember Jergensen asked if the Council had to vote on this
issue tonight. Lynn Pace, Deputy Attorney, said no. He said he did
not know if a completed application had been filed. He said this
application was a request for a conditional use permit and the permit
would not be issued until it was scheduled before the Planning
Commission.
Everett Joyce, Senior Planner, said staff working on the petition
had requested more information. He said the conditional use had not
been through the City' s system or sent to the Community Council' s for
discussion.
Councilmember Jergensen said he agreed with Councilmember Turner.
He said they needed to take time to study and let the process run its
course . He said his concern was about process . He said a process had
recently been put in place to address compatibility, appropriateness of
use, master plans and particular zoning codes . He said these were used
to pass or give conditional use approval . He said it was not for the
Council to decide if a conditional use was appropriate . He said the
question was if the City' s process allowed for a meaningful hearing of
this particular case . He said if it did then the City should allow the
applicant to move forward without a moratorium. He said if the Council
felt it did not allow for a meaningful hearing then the moratorium
should be passed. He said he would be voting against the moratorium.
Councilmember Garrott said they had not had to deal with this
scale of halfway houses before . He said it was not fair to the City to
be on the frontier of new State policy to build big new halfway house
developments . He said he would be voting for the moratorium.
Councilmember Love said the police chief had asked for time to
evaluate the proposal . She said it was breaking new ground and the
City' s code never anticipated a request of this size or magnitude . She
said they had no criteria by which to judge it . She said that was why
it was important to take some time to study the issue .
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Councilmember Martin said the petitioners went to the Planning
Department in October. He said the Department told them what kind of
property they needed to look for. He said the applicant' s property was
in an industrial park flanked by I-15, industrial buildings and two
railways .
Councilmember Jergensen said the City had no obligation to the
applicant because they were not vested. Mr. Pace said that was why the
Council should vote tonight. He said if a majority of the Council
wanted to freeze status quo to study the issue they would want to do
that before a completed application was filed.
Councilmember Christensen said through the process staff had
responded as they should have . He said staff could only convey what
criteria was established in the ordinance. He said they indicated to
the applicant that a conditional use was not a vested right until the
process was completed. He said the moratorium needed to be long enough
to get needed information.
Councilmember Simonsen asked if there was a sufficient need in the
community for a facility that size . He said if there was a need he was
not sure they did justice to the community if they did not find a way
to expedite the project. He said he felt the Council had given the
Planning Commission tools with the recently adopted conditional use
ordinance . He said he did not know why the Planning Commission had to
make a decision in haste without really studying it.
Councilmember Christensen called for the question, which motion
carried, Council Members Turner, Garrott, Christensen and Love voted
aye and Council Members Jergensen, Martin and Simonsen voted nay.
(0 08-23)
CONSENT AGENDA
8:45:53 PM Councilmember Jergensen moved and Councilmember Garrott
seconded to approve the Consent Agenda, which motion carried, all
members present voted aye .
#1 . RE: Setting the date of September 9, 2008 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance closing and
abandoning a portion of 4145 West from 700 South to the Union Pacific
right-of-way pursuant to Petition No. 400-07-24 .
(P 08-12)
#2 . RE: Approving the appointment of Frank Gray to the position
of Director of Community and Economic Development of Salt Lake City.
(I 08-14)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, AUGUST 12, 2008
#3. RE : Approving the appointment of Christine Meeker to the
position of Salt Lake City Recorder.
(I 08-19)
#4 . RE: Approving the appointment of John Becker to the Library
Board for a term extending through June 30, 2011 .
(I 08-15)
#5 . RE: Approving the appointment of Brian Doughty to the
Transportation Advisory Board for a term extending through September
26, 2011 .
(I 08-16)
#6 . RE: Approving the appointment of Laura Dupuy to the Arts
Council for a term extending through July 1, 2010 .
(I 08-17)
#7 . RE : Approving the re-appointment of Sandra Fagergren to the
Sugar House Park Authority for a term extending through September 25,
2010 .
(I 08-18)
The meeting adjourned at 9 : 02 p.m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
August 12, 2008 .
bj
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