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08/24/2004 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24, 2004 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, August 24, 2004 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 Jill Remington Love Nancy Saxton Dave Buhler Dale Lambert Cindy Gust-Jenson, Executive Council Director; Acting Mayor Rocky Fluhart; Lynn Pace, Deputy City Attorney; and Beverly Jones, Deputy City Recorder, were present. Councilmember Love presided at and Councilmember Jergensen conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Turner moved and Councilmember Saxton seconded to approve the minutes of the City Council meeting held August 10, 2004, which motion carried, all members voted aye. (M 04-1) PUBLIC HEARINGS #1A. RE: Accept public comment and consider adopting an ordinance adopting the final rate of tax levy for the Special Library Fund for Fiscal Year 2004-2005. View Attachment (B 04-3) #1B. RE: Accept public comment and consider adopting an ordinance adopting the final rate of tax levy upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2004-2005. (B 04-8) #3C. RE: Accept public comment and consider adopting an ordinance adopting a final budget for the Library Fund of Salt Lake City, Utah for Fiscal Year 2004-2005. (B 04-3) #4D. RE: Accept public comment and consider adopting an ordinance adopting a final budget, excluding the budget for the library fund which is separately adopted, and the employment staffing document of Salt Lake City for Fiscal Year 2004-2005. (B 04-1) Councilmember Love moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. (Item A) Councilmember Love moved and Councilmember Turner seconded to adopt Ordinance 58 of 2004 adopting the final rate of tax levy for the Special Library Fund for Fiscal Year 2004-2005. Councilmember Buhler said he opposed the ordinance. He said there was an increase of approximately 39% to 50% to the acquisition budget. Councilmember Lambert said he would vote against the motion. He said the Library did need a tax increase but he felt the City went farther than was needed given the overall tax burden in the community. 04 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24 , 2004 Councilmember Turner said he supported the motion. He said he wanted the library used more, not less. He said he wanted people to be able to get needed materials. Councilmember Jergensen called for the question, which motion carried, all members voted aye except Council Members Saxton, Lambert and Buhler who voted nay. (Item B) Councilmember Love moved and Councilmember Christensen seconded to adopt Ordinance 62 of 2004 adopting the final rate of tax levy upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2004-2005. Councilmember Lambert said the motion included the judgment levy. He said since the levy had been passed before he would vote in favor of it. He said he was concerned the judgment levy had not been handled correctly given the small impact on future budgets. He said he felt the Council should not have approved the increase. Councilmember Buhler said he agreed with Councilmember Lambert. He said he wished they had not included the judgment levy because the budget could have been balanced without the levy. He said the budget needed to be right-sized and expenses needed to be in line with projected revenues. He said he would support the motion because it included funding for all City government. Councilmember Jergensen called for the question, which motion carried, all members voted aye. (Item D) Councilmember Love moved and Councilmember Christensen seconded to adopt Ordinance 63 of 2004 adopting the final budget, excluding the budget for the Library fund which is separately adopted, and the employment staffing document of Salt Lake City for Fiscal Year beginning July 1, 2004 and ending June 30, 2005 as tentatively adopted on June 22, 2004 and amended on July 6, 2004, which motion carried, all members voted aye. (Item C) Councilmember Love moved and Councilmember Turner seconded to adopt Ordinance 64 of 2004 adopting and ratifying the final budget for the Library fund of Salt Lake City, Utah for the Fiscal Year beginning July 1, 2004 and ending June 30, 2005 as tentatively adopted on June 22, 2004, which motion carried, all members voted aye except Council Members Lambert, Buhler, and Saxton who voted nay. #2. RE: Accept public comment and consider adopting an ordinance amending the budget of Salt Lake City, Utah, including the employment staffing document, for the fiscal year beginning July 1, 2004 and ending June 30, 2005. (Budget Amendment No. 1. ) View Attachment Councilmember Turner moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Love seconded to adopt Ordinance 65 of 2004 including an additional $10, 000 from the CIP fund balance for the 700 East project, which motion carried, all members voted aye. (B 04-12) #3. RE: Accept public comment and consider adopting an ordinance to close and abandon an alley located at approximately 2135 South between 1000 East and McClelland Street pursuant to Petition No. 400-03-35. (Requested by Armand Johansen) View Attachment 04 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24 , 2004 Councilmember Christensen moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Lambert moved and Councilmember Love seconded to adopt Ordinance 66 of 2004. Councilmember Saxton said she would vote against the motion because she was against closing alleyways and streets. She said there could be public good from maintaining alleyways. She said she wanted the City to be visionary and creative in the use of public lands. Councilmember Christensen said this was something the petitioner was asked to do by the City through the Planning Commission. He said the petitioner had fulfilled that obligation. He said closing the alley would facilitate the project. He said there was a justifiable reason to close the alley. He said he was comfortable moving this issue forward. Councilmember Lambert said the alley should be closed. He said people in Sugarhouse had overwhelming support for this project because it was part of their visionary development plans. He said currently the alley was not being used as an alley but as part of a parking lot. Councilmember Jergensen called for the question, which motion carried, all members voted aye except Councilmember Saxton who voted nay. (P 04-18) #4. RE: Accept public comment and consider adopting an ordinance amending the existing sign ordinance to allow standardized public parking lot identification/entrance signs for the downtown area pursuant to Petition No. 400-04- 06. View Attachment Councilmember Christensen moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Turner moved and Councilmember Christensen seconded to adopt Ordinance 67 of 2004. Councilmember Saxton said this would be good for the public but she was concerned there might not be enough support to bring it to fruition. She said she would vote in favor of the motion. Councilmember Turner said he supported the motion. He said many things had been tried to improve parking in Salt Lake City. He said this was a step in the right direction. Councilmember Jergensen called for the question, which motion carried, all members voted aye. (P 04-17) #5. RE: Accept public comment and consider adopting an ordinance to increase the size of outdoor television monitors in the D-1 and D-4 zoning districts from 50 square feet to 62 square feet pursuant to Petition No. 400-04-08. (A request by Mayor Ross C. "Rocky" Anderson) View Attachment Councilmember Lambert moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members voted aye. 04 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24 , 2004 Councilmember Lambert moved and Councilmember Turner seconded to adopt Ordinance 68 of 2004. Councilmember Saxton said a year ago the Council was told that 50 square feet was large enough for a monitor. She said now a year later the monitor needed to be 62 square feet. Scott Jones, Channel 2, said in order to get the needed resolution they had to add one row of pixels on the top and one row on the side of the monitor. He said that increased the size to 62-feet. Councilmember Saxton said she had some reservations on this issue. She said they were trying to get more vitality downtown. She said the City allowed very little sign creativity. She said she had asked the Administration and Planning to look into options for the City's sign ordinance. She said there had been no revisions of the sign ordinance. She said she felt that was insulting to small businesses, big businesses and private entities that had a need for creativity and more latitude for signs. She asked why technicians did not know one year ago that 50 square feet was not large enough or clear enough to have the monitor outside in the public way. She said the entity went ahead with the larger monitor and the City allowed the monitor that was against City Code to be placed on a building. She said there had been no enforcement. Councilmember Turner said he had the opportunity to go to the Gallivan Center. He said he stood by the television monitor and the news window. He said the monitor caught people' s attention. He said he thought the monitor was small. He said it was delightful to see the news channel and the news people working there. He said this would help revitalize Salt Lake City. He said he would support the motion. Councilmember Buhler said he agreed with Councilmember Saxton. He said procedurally he did not feel this issue had been handled well. He said they worked hard to attract Channel 2 to Main Street and Channel 2 was a great addition. He said if the Administration had come to the Council and told them the monitor needed to be 62 square feet instead of 50 square feet, it would not have been hard to put it on the agenda and make the change rather than having to make the change several months later. He said he was disappointed on how this had been handled procedurally but he was not disappointed in the result. He said he would support the motion. Councilmember Love said she was comfortable with the change but she agreed the Council needed to take a look at the sign ordinance for creativity. Councilmember Jergensen called for the question, which motion carried, all members voted aye. #6. RE: Accept public comment and consider adopting an ordinance adopting the Bicycle and Pedestrian Master Plan pursuant to Petition No. 400-02-30. View Attachment The following people spoke in support of the Bicycle and Pedestrian Master Plan: Soren Simonsen, Christopher Quann, and Jason Bultman. Councilmember Saxton moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Buhler seconded to defer a decision until a later council meeting. Councilmember Christensen said the Council would welcome any additional input. He said they were learning as they approved master plans they wanted the plans to be 04 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24 , 2004 congruent from a budgetary and planning perspective to the degree they reasonably could. Councilmember Saxton said more time was needed because there were some important issues such as funding. She said money could be donated to different entities that the City held and donations were tax deductible. She said bike paths was one fund. Councilmember Jergensen called for the question, which motion carried, all members voted aye. (T 04-3) #7A. RE: Accept public comment and consider adopting an ordinance amending Section 5.71.010, Salt Lake City Code, pertaining to definitions for ground transportation requirements; enacting Section 5.71.025, Salt Lake City Code, pertaining to the license required for a ground transportation business; enacting Section 5.71.027, Salt Lake City Code, pertaining to the license fee required of a ground transportation business; enacting Section 5.71.028, Salt Lake City Code, pertaining to ground transportation destinations; amending Section 5.71.190, Salt Lake City Code, pertaining to inspection stickers; amending Section 5.71.180, Salt Lake City Code, pertaining to periodic inspections; enacting Article VI, Chapter 5.71, Salt Lake City Code, pertaining to driver licensing for operators of ground transportation vehicles; enacting Article VII of Title 5.71, Salt Lake City Code, pertaining to manifest for prearranged service; amending Article I, Title 5.72, Salt Lake City Code, pertaining to taxicab definitions; amending 5.72.130, Salt Lake City Code, pertaining to certificates of convenience and necessity required of operation of a taxicab; amending Section 5.72.140, Salt Lake City Code, pertaining to existing holder's certificates; amending Section 5.72.150, Salt Lake City Code, pertaining to minimum use of taxicabs; amending Section 5.72.260, Salt Lake City Code, pertaining to fingerprints required; amending Section 5.72.457, Salt Lake City Code, pertaining to annual review of maximum rates; enacting Section 5.72.602, Salt Lake City Code, pertaining to on-demand service; amending Section 5.72.605, Salt Lake City Code, pertaining to drivers to keep manifests; amending Section 5.72.610, Salt Lake City Code, pertaining to manifests forms; amending Section 5.72.615, Salt Lake City Code, pertaining to manifests - holding period - availability; and amending Section 5.72.625, Salt Lake City Code, pertaining to records accessible for examination. View Attachment (0 04-23) B. RE: B) RE: Accept public comment and consider adopting an ordinance amending Section 16.12.120, Salt Lake City Code, pertaining to revocation of use privilege; amending Section 16.60.040, Salt Lake City Code, pertaining to taxicabs and other common carriers; amending Section 16.60.070, Salt Lake City Code, pertaining to when vehicle impoundment is authorized; amending Section 16.60.080, Salt Lake City Code, pertaining to the purpose of Article II provisions; amending Section 16.60.090, Salt Lake City Code, relating to definitions for Article II, Chapter 26 regarding ground transportation businesses at the airport; amending Section 16.60.095, Salt Lake City Code, pertaining to businesses authorized to provide ground transportation; amending Section 16. 60.097, Salt Lake City Code, pertaining to ground transportation destinations; amending Section 16.60.100, Salt Lake City Code, pertaining to passenger pickup zones; amending Section 16.60.130, Salt Lake City Code, pertaining to payment of fee by ground transportation vehicles; amending Section 16.60.150, Salt Lake City Code, pertaining to staging areas for taxis; repealing Section 16.60.160, Salt Lake City Code, pertaining to prearranged fares for taxis; amending Section 16.60.170, Salt Lake City Code, pertaining to taxicab stand restrictions; amending Section 16.60.180, Salt Lake City Code, pertaining to ground transportation booths; amending Section 16.60.190, Salt Lake City Code, pertaining to staging and parking of ground 04 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24 , 2004 transportation vehicles; and amending Section 16.60.200, Salt Lake City Code, pertaining to signs. (0 04-24) The following people spoke on the ordinances: Douglas Cotant; Ralph Elnes; Johathan Bakker; Jim Curtis; Keith Burnham; Raymond Ridge; Christopher Wood; Nathanael Ridge; R. Russell Ridge; Charles Free; Ken Wulle; Hildegard Ahlstrom; Saleem Afridi; Amanda Hays; Karl Hofmann; Ghulam Patel; Abdul Afridi; Gail Milliken; Milovan Savic' ; Ron Carey; Dr. Iqbal Hossain; Kenneth Robertson; Lee Anne Walker; Laura Briggs; Jerry Ellerman; Clint Lewis; Cindy Vega; Barbara Toomer; Lopeti Penima'ani; Graydon Pearson; Mila Dintimille; and Tyler Hepworth. Councilmember Love moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Buhler moved and Councilmember Turner seconded to adopt Ordinance 70 of 2004 containing the proposed amendments to Title 16 with the exception of Section 16.60.110 and Ordinance 69 of 2004 with the proposed amendments to Section 5.71.025, titled License Required and Article VI of Chapter 5.71, titled Driver Licensing except for Section 5.71.415 and defer action on other proposed amendments until after further study. I further move that the calendar dates in Section 5.71.250, titled License Required for Operators reflect that applicants must submit their applications for a ground transportation vehicle driver's license within 30 days of the publication of the ordinance. Councilmember Buhler said the motion involved Title 16 amendments regulating the Airport. He said the amendments would put the Airport in compliance with Homeland Security. He said part of the motion included Section 5.71.025, License Required, and Article VI, Driver Licensing. He said the excluded section prohibited payment for furnishing of passengers. Councilmember Buhler said he did not think there was any other business in Salt Lake City that was regulated the way ground transportation was. He said it was important to people who needed access to this kind of transportation. He said he wanted to continue to move forward. He said they had heard in work sessions that compliance reports were filed and never read or audited by the City. He said the City needed to look at customer choice, service levels and safety. He said they needed to address the Americans With Disabilities Act (ADA) . He said 14 years after this law was passed, the City still did not have accessible taxicabs. Councilmember Saxton said she would vote for the motion. She said it was important to decide what was needed in addition to what the City already had. She said they needed to know how the City was doing presently with what was in place. She said an important message had been sent to cab companies. She said with a little effort, standards could be raised and the public' s perception could be changed. Councilmember Saxton said she wanted to emphasize to the administration that before she would be willing to pass changes to the ordinance, there needed to be a proposal to address the City' s special needs. She said it did no good to add more competition to what already existed and was regulated. She said people should not be stuck somewhere because there was no ground transportation available. Councilmember Christensen said he supported the motion. He said there were a number of issues raised during discussions that would take more in-depth study. He said those issues could be identified at a later date. He said one concern he had was the process in which the City chose those industries that would be regulated. 04 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24 , 2004 Councilmember Lambert said he supported the motion. He said there were some technical changes and ambiguities that needed to be clarified. He said he wanted to adopt more of the ordinances and cut the few issues out about which no consensus was reached. He said he was concerned that this much effort had gone into the taxicab ordinance and ADA needs had not been addressed. Councilmember Jergensen called for the question, which motion carried, all members voted aye. COMMENTS TO THE CITY COUNCIL Douglas Cotant said he felt complaints should be investigated further before accusing a person wrongly. Gail Milliken said rights had been taken away from every individual to have access to public access television. She said the Council had misappropriated franchise fee funds for public access television. She said the money was put into the City's general fund. She said the funds needed to be reestablished by the City for access. Councilmember Jergensen asked Rocky Fluhart, Acting Mayor, to check into this issue and get back to the Council in a reasonable amount of time. Robert Jensen spoke on brew pubs. He said major manufacturers of beer, microbreweries and brew pubs formed a committee which met with the Planning Commission a few months ago. He said some details had been worked out on the proposed ordinance. He said there was a unanimous consensus of all concerned parties. UNFINISHED BUSINESS #1. RE: Adopting a resolution of the Board of Trustees of the Municipal Building Authority of Salt Lake City, Salt Lake County, Utah, providing for the redemption of certain outstanding lease revenue bonds; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution. View Attachment Councilmember Buhler moved and Councilmember Love seconded to recess as the City Council and convene as the Municipal Building Authority, which motion carried, all members voted aye. Councilmember Buhler moved and Councilmember Christensen seconded to adopt Resolution 47 of 2004. Councilmember Christensen said this was a financially prudent thing for the City to pursue. He said the savings could be utilized this year. Councilmember Jergensen called for the question, which motion carried, all members voted aye. Councilmember Lambert moved and Councilmember Christensen seconded to adjourn as the Municipal Building Authority and reconvene as the City Council, which motion carried, all members voted aye. (Q 04-11) #2. RE: Adopting a resolution authorizing the issuance and confirming the sale 04 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24 , 2004 of up to $19, 000, 000 Salt Lake City, Salt Lake County, Utah Sales Tax Revenue Refunding Bonds, Series 2004 for the purpose of refunding certain lease revenue bonds of the Municipal Building Authority of Salt Lake City, Salt Lake County, Utah; authorizing the execution and delivery of a master trust indenture and a first supplement trust indenture to secure said Series 2004 Bonds; authorizing a purchase contract and a remarketing agreement with Lehman Brothers Inc. ; authorizing the taking of all other actions necessary for the consummation of the transactions contemplated by this resolution and related matters. View Attachment Councilmember Buhler moved and Councilmember Christensen seconded to adopt Resolution 46 of 2004, which motion carried, all members voted aye. (Q 04-9) #3. RE: Adopting a resolution conditionally accepting bids for purchasing of materials and construction work and, subject to approval of the City Engineer and/or the City Purchasing Department, authorizing execution of a contract for construction and a contract for materials. Respectively, with the apparent responsive bidder for construction of improvements of Salt Lake City, Utah Rose Park Special Improvement District (the District) providing for construction improvements consisting of the installation of decorative street lighting poles, the removal of existing wooden street lighting poles and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner; to levy an assessment to operate and maintain said street lighting facilities; all other miscellaneous work necessary to complete the improvements; for issuance of interim warrants and for the addition of interest thereon to assessable costs and related matters. View Attachment Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 48 of 2004. Councilmember Christensen said construction bids came back higher than anticipated. He said residents could pay up to $43 or $44 a year for the lighting. He said residents had gone from opposing the special improvement district (SID) to wondering why the lighting was not in yet. He said some money had accumulated over time and the rest would be paid over the period of the SID. Councilmember Jergensen called for the question, which motion carried, all members voted aye. (Q 04-3) #4. Re: Adopting an ordinance amending Chapter 21A.24 of the Salt Lake City Code to create two zoning districts RMU-35 and RMU-45 to encourage residential development while allowing for a variety of non-residential support services pursuant to Petition No. 400-99-49. View Attachment Councilmember Lambert moved and Councilmember Christensen seconded to adopt Ordinance 71 of 2004, which motion carried, all members voted aye. (P 04-15) #5. RE: Adopting a motion authorizing the Council Chair to sign an agreement with the Mayor and the Chair of the Library Square Foundation for Art, Culture and Science regarding the matching funds that The Leonardo must raise before the City will issue a general obligation bond for the refurbishment of the old library building. View Attachment Councilmember Buhler moved and Councilmember Love seconded to approve the agreement with one amendment involving Section 4 to read "the parties agree that the 04 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24 , 2004 Foundation shall have no more than five years from the date of this agreement to raise the full $10 million in matching funds. If the matching funds are not secured and documented according to the terms of this agreement within five years of this agreement's execution date, the Foundation shall relinquish any and all claims to the bond funds approved by the voters. This deadline is an outer limit, and this provision shall not be interpreted to preclude Salt Lake City from negotiating with the Foundation an earlier deadline for securing the matching funds, or from setting fundraising milestones that would require the $10 million in matching funds to be raised sooner than five years from the date of this agreement. Any such milestones shall be negotiated with the Foundation and committed to writing in an agreement between the Foundation and Salt Lake City. Until such time as matching funds are secured under the terms of this agreement, Salt Lake City shall have the right to use the former main library building as it sees fit". Councilmember Saxton asked if the City had talked to the entities. Councilmember Buhler said the entities had raised the concern with Councilmember Jergensen. Councilmember Christensen said he felt residents had an expectation but the Council's hope was to strike a balance between the Leonardo's efforts to produce and the City' s willingness to allow them to do so. Councilmember Lambert asked why the Leonardo would want a shorter period to collect matching funds. DJ Baxter said his understanding was the Council wanted to set an outer limit beyond what the City would not hold the bond funds for them to raise the matching funds. He said they all agreed five years was an appropriate limit to set. He said he felt it was wise from the City's perspective to allow flexibility to set up fundraising schedules. Councilmember Jergensen called for the question, which motion carried, all members voted aye. (C 04-403) #6. RE: Adopting a resolution authorizing Salt Lake City to accept the National Endowment for the Arts Grant awarded to Global Artways for the Dance, Learn, Celebrate Program. Councilmember Buhler moved and Councilmember Love seconded to adopt Resolution 49 of 2004, which motion carried, all members voted aye. (R 04-12) #7. RE: Adoption a resolution authorizing Salt Lake City Corporation to accept the Utah Department of Workforce Services Grant awarded to Salt Lake City for the World Refugee Day. Councilmember Buhler moved and Councilmember Love seconded to adopt Resolution 50 of 2004, which motion carried, all members voted aye. (R 04-13) #8. RE: Adopting a resolution authorizing Salt Lake City Corporation to accept the Bank-One contribution awarded to the Salt Lake City Foundation for Modesto Park improvements. Councilmember Buhler moved and Councilmember Love seconded to adopt Resolution 51 of 2004, which motion carried, all members voted aye. (R 04-14) 04 - 9 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, AUGUST 24 , 2004 CONSENT AGENDA Councilmember Buhler moved and Councilmember Love seconded to approve the Consent Agenda, which motion carried, all members voted aye. #1. RE: Setting the date of September 14, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance closing a portion of Bellflower Street (3130 West) between the railroad right-of-way and 700 South and a portion of 700 South between Fulton Street (approximately 3000 West) and Bellflower Street pursuant to Petition No. 400-03-19. (Requested by BFI/Burbs LLC) View Attachment (P 04-20) #2. RE: Setting the date of September 7, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending the definition of brew pub to allow for limited wholesale off premises sales of beer pursuant to Petition No. 400-03-33. (Legislative Action item by Council Members Love and Saxton) (P 04-21) #3. RE: Setting the date of September 14, 2004 at 7:00 p.m. to accept public comment and consider amending the East Bench Community Master Plan and to rezone the property located at 2665 East Parley's Way from Commercial (CB) to Residential Multi- Family (RMF-35) pursuant to Petition No. 400-04-02. (Requested by Rick Plewe) (P 04- 22) The meeting adjourned at 9:42 p.m. bj 04 - 10