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08/14/2007 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 14, 2007 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, August 14, 2007 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 Soren Simonsen The following Councilmember was absent: Jill Remington Love Cindy Gust-Jenson, Executive Council Director; Mayor Ross C. "Rocky" Anderson; Edwin Rutan, City Attorney; and Beverly Jones, Deputy City Recorder were present. Councilmember Turner presided at and Councilmember Buhler conducted the meeting. #1 . 7:06:55PM The Council led the Pledge of Allegiance . #2 . 7:07:24 PM Councilmember Turner moved and Councilmember Simonsen seconded to approve the minutes for the Salt Lake City Council meetings held July 17, July 31 and August 10 , 2007, which motion carried, all members present voted aye . View Attachments #3 . 7:28:35 PM Adopting Resolution 55 of 2007 recognizing August 18 , 2007 as Italian Day in Salt Lake City, Utah. View Attachments Councilmember Jergensen moved and Councilmember Simonsen seconded to adopt Resolution 55 of 2007, which motion carried, all members present voted aye . (R 07-1) PUBLIC HEARINGS #1 . 7:07:40 PM RE: Accept public comment and consider adopting an ordinance amending Title 2 and Title 17, Salt Lake City Code, relating to the Storm Water Sewer System; requiring a City discharge permit for certain activities resulting in discharge to the Storm Water Sewer System; authorizing enforcement action, fines and penalties for prohibited discharges and other prohibited conduct; and related matters . Councilmember Saxton moved and Councilmember Simonsen seconded to close the public hearing, which motion carried, all members present voted aye . 07 - 105 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 14, 2007 Councilmember Jergensen moved and Councilmember Saxton seconded to adopt Ordinance 53 of 2007, which motion carried, all members present voted aye . (0 07-18) 7:08:28PM QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL Councilmember Turner referred to the People' s Market at Jordan Park. He said the neighborhood was supporting the event especially people growing gardens . Mayor Anderson said he wanted to urge people from all over the City to visit the park. 7:10:01PM COMMENTS TO THE CITY COUNCIL Cindy Cromer thanked the Council for their recent actions regarding conditional uses and stream corridors . The following people spoke or submitted cards in support of the proposed dog park in Pioneer Park: Christian Harrison, Amanda O'Connor, Liz Paton, Amra Pasic, Mickelle Weber, Abigail Anderson and Allen Evershed. Jim Garside spoke on the City' s water rates . Darlene Batatian spoke on the emergency zoning ordinance enacted for temporary land use regulations for stream bed corridors . Samantha Francis said she appreciated the police officers riding their bikes up and down the park way. She asked that the police officers keep on patrolling the parkway. Diana Elliott spoke on urinating in public. She said the City' s ordinance needed to be updated. UNFINISHED BUSINESS #1 . 7:29:04PM RE: Approving the appointment of Susan T. Fleming to the Housing Advisory and Appeals Board for a term extending through December 31, 2009 . Councilmember Christensen moved and Councilmember Saxton seconded to approve the appointment, which motion carried, all members present voted aye . (I 07-16) 07 - 106 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 14, 2007 #2 . 7:29:22PM RE : Approving the appointment of Kim Thronson to the Police Civilian Review Board for a term extending through September 1, 2008 . Councilmember Jergensen moved and Councilmember Turner seconded to approve the appointment. Councilmember Saxton said she would vote against the motion. She said she had a problem with leadership and the premise in which the board operated. She said she felt it was detrimental to the public, to the City, to the police officers and the complainants . Councilmember Buhler called for a role call vote, which motion carried, all members present voted aye except Councilmember Saxton who voted nay. (I 07-23) #3. 7:30:14 PM RE: (a) Adopting a resolution authorizing the issuance and providing for the sale of the $376, 000 Salt Lake City assessment bonds, Series 2007 (900 South, 900 East Streetscape Upgrade Special Improvement District No. 106018 (The "Series 2007 Bonds") providing for pricing and terms of the Series 2007 bonds, prescribing the form of bonds; the maturity and denomination of said bonds; providing for the continuance of a guaranty fund; authorizing and approving a bond purchase agreement; and related matters . View Attachments & View Attachment (Q 05-2) Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 53 of 2007, which motion carried, all members present voted aye . 7:30:59 PM (b) Adopting a resolution authorizing the issuance and providing for the sale of the $129, 000 Salt Lake City Assessment Bonds, Series 2007 (Strongs Court #102109) and (Fenway Avenue #102129) Reconstruction Special Improvement District ( the "Series 2007 Bonds") providing for pricing and terms of the Series 2007 Bonds, prescribing the form of bonds, the maturity and denomination of said bonds; providing for the continuance of a guaranty fund; authorizing and approving a bond purchase agreement; and related matters . (Q 06-2) Councilmember Christensen moved and Councilmember Saxton seconded to adopt Resolution 54 of 2007, which motion carried, all members present voted aye . 07 - 107 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 14, 2007 #4 . 7:30:36PM RE: Adopting a resolution providing for the holding of a special bond election in Salt Lake City, at the same time as the Municipal General Election, for the purpose of submitting to the qualified electors thereof the question of whether general obligation bonds of the City, in an amount not-to-exceed $192, 000, 000, shall be issued and sold for the purpose of paying the costs of acquiring, construction, furnishing and equipping fire, police and other public safety facilities; declaring official intent with respect to certain expenditures; and providing for related matters . View Attachments Councilmember Buhler said this item had been pulled from the agenda. (0 07-7) #5. 7:31:17 PM RE: Adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City and Salt Lake County regarding Hogle Zoo. View Attachments Councilmember Christensen moved and Councilmember Saxton seconded to adopt Resolution 56 of 2007 as outlined in Plan B with the addition of limiting non-substantive changes of items . Edwin Rutan, City Attorney, said he had not heard what Salt Lake County' s positions were on the deal . He said the two resolutions before the Council were referred to as Plan A and Plan B. He said Plan A was a higher level conceptual statement of willingness to enter into an agreement with the County. He said it specified conditions or terms to be included in the agreement. Mr. Rutan said Plan B was a detailed structure taken from the discussion draft. He said he had not received feedback from the County indicating whether or not they agreed with the draft. He said Plan A did not include the City' s right to approve ballot language . Councilmember Buhler asked if they could readopt the resolution if substantial changes were made by the County. Mr. Rutan said if the Council wanted that mechanism then the resolution needed to be changed to say "subject to approval by the Council" . Councilmember Buhler said he wanted to go with Plan A. Mr. Rutan said under Plan A an agreement needed to be drafted by next week. Councilmember Saxton asked about new improvements . Mr. Rutan said the way the resolution was drafted, the County could not take part of the proceeds and use them for an aquarium at a different location. He said if the zoo decided to install its own aquarium at the current location, the resolution did not prohibit that. He said if the Council wanted to say no aquarium at the current location then Section D needed to be changed. Councilmember Saxton said they had already talked about 07 - 108 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 14, 2007 limited space at the zoo. She said they understood from zoo management that they might do some aquatic interaction but not an aquarium. Councilmember Saxton said if an aquarium was included in the agreement then other aquatic uses should be allowed. Councilmember Buhler said his only concern was that people could argue over the meaning of aquarium. Councilmember Simonsen asked if the intent was to preclude Hogle Zoo from developing major exhibits that would compete with other aquariums or aviaries in the area. He said the aquarium had been discussed over the past years . He said there seemed to be an alliance to the aquarium by the County. Councilmember Christensen said he was comfortable with the County Mayor making minor adjustments that were in harmony with the outline in Plan A. Mr. Rutan said wording should be added to read "with such non- substantive changes consistent with" . Councilmember Jergensen moved to bring this issue back next Tuesday for review and discussion if there were changes and then the Council could take a look at it. There was no second. Councilmember Christensen said Hogle Zoo had a rich tradition in the community and had shown they were able to increase visitation and help the school system. He said having the zoo go County-wide was an appropriate way to fund this . He said as residents of the County, the City would get its fair share if not more based on taxable property values . He said this demonstrated good faith to the County Council that the City with reasonable guidelines was ready to move forward. He said he hoped this would encourage the County to do the same . Mr. Rutan said Plan B, Paragraph 11 did have language that the City Council would have the right to approve ballot initiative language which he felt the Council was comfortable eliminating. Councilmember Jergensen moved and Councilmember Christensen seconded to eliminate that section, which motion carried, all members present voted aye . Councilmember Buhler spoke in favor. He said voters of Salt Lake City stepped forward four years ago to approve a $10 million bond. He said the bond added much needed improvements for the animals and cemented the zoo' s commitment to stay in Salt Lake City on Sunnyside Avenue . He said he hoped this would be seen by the County Council as a positive signal from the City Council . He said they could adopt an agreement with the understanding that if there were modifications the Council could consider those . He said he hoped the County Council would vote to put this on the ballot so all voters in Salt Lake County could express their support for the zoo. 07 - 109 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 14, 2007 Councilmember Buhler called for the question, which motion carried, all members present voted aye (C 07-462) . #6 . 7:51:31PM RE: Adopting a resolution appointing Election Judges for the 2007 Salt Lake City Primary and General Elections . View Attachments Councilmember Jergensen and Councilmember Simonsen seconded to adopt Resolution 57 of 2007 , which motion carried, all members present voted aye . (U 07-1) CONSENT AGENDA 7:51:54 PM Councilmember Turner moved and Councilmember Simonsen seconded to approve the Consent Agenda, which motion carried, all members present voted aye . #1 . RE: Setting the date of September 4 , 2007 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Chapter 5 . 65, Salt Lake City Code, pertaining to vending carts . (0 07-24) #2 . RE: Approving the appointment of Donna Land Maldonado to the Open Space Lands Advisory Board for a term extending through March 1, 2008 . (I 07-20) #3 . RE. Approving the appointment of Bill Bennion to the Business Advisory Board for a term extending through December 29, 2008 . (I 07-22) #4 . RE: Approving the appointment of Barbara Green to the Business Advisory Board for a term extending through December 27, 2010 . (I 07-22) #5 . RE: Approving the reappointment of Nancy Pace to the Housing Trust Fund Advisory Board for a term extending through December 28, 2009 . (I 07-7) The meeting adjourned at 7 : 51 p .m. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held August 14, 2007 . 07 - 110 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 14 , 2007 bj 07 - 111