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12/14/2004 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 14 , 2004 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 14, 2004, at 7:11 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 Jill Remington Love Dave Buhler Dale Lambert Rocky Fluhart, Chief Administrative Officer; Cindy Gust-Jenson, Executive Council Director; Ed Rutan, City Attorney; and Chris Meeker, Deputy City Recorder were present. Councilmember Love presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance adopting the Solid Waste Management Facility budget, which has been prepared and submitted by the Salt Lake Valley Solid Waste Management Council for calendar year 2005, subject to specific policy directives. 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 Turner seconded to adopt Ordinance 91 of 2004, which motion carried, all members voted aye. (B 04-4) #2. RE: Accept public comment and consider adopting an ordinance rezoning the properties located at 1029 and 1031 South West Temple Street from commercial corridor (CC) to Residential Mixed Use (RMU) , and amending the Central Community Master Plan. Pursuant to Petition No. 400-04-04. (Jefferson School Apartments) View Attachment Councilmember Jergensen moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Jergensen moved and Councilmember Saxton seconded to adopt Ordinance 90 of 2004, and defer action to rezone property located 63 West Fayette Avenue to a public hearing on January 4, 2004 which motion carried, all members voted aye. (P 04-34) #3 RE: Accept public comment regarding a request by North Salt Lake City for a voluntary boundary adjustment and consider adopting a resolution. The requested action seeks to remove 80 acres from Salt Lake City' s municipal boundary and extend the municipal boundary of North Salt Lake to include the 80 acres pursuant to Petition No. 400-04-11. View Attachment The following spoke or submitted written comments in opposition to the request: Ralph Becker, Cindy Cromer, Rick Reese, Dennis Guy-Sell, Kurt Gee, Marjorie Chan, James Cooper, Beverly Cooper, James Webster, Michael Budig, John Bowman, Chuck Bohn, Robyn Gross, Jacquie Wood, Willie Littig, Philip Emmi, Peter Von Sivers, Georg Stuttenberger, Christian Fonnesbeck, Aaron Evans, Mark Clemens, Helen Peters, Katherine Gardner, Juan Arec-Larreta, Walter Plumb, and Joe Hansen, Shane Dwain Smith, Jim Byrne, Richard 04 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 14 , 2004 Stone, Sharyl Smith, Martin McGregor, Sandra Castagno, Penny Archibald-Stone, Jason Merrill, Lawrence Swanson and Nathan Darnall. The following spoke in support of the request: Lynn Ballard, Kay Briggs, Conrad Jacobson, Bryan Morley, James Brian Muir, Bob Fisher, Wilford Cannon, and Bill Wright The following spoke regarding the request: Dick Hunter, property owner. Councilmember Saxton moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Turner seconded to adopt a resolution expressing the intent of the Council to agree to a boundary adjustment with North Salt Lake City, with the exception of the southern most 25-acres (approximately) . Councilmember Christensen further moved that the Council request a conservation easement be provided for a part of any development agreement between North Salt Lake City and Salt Lake City. He said the conservation easement would be applied to the approximate 47-acres of open space trails, wet lands and the 23-acres for cemetery use identified in the North Salt Lake City proposed development plan, more specifically described below: • 23 acres identified for cemetery use including any buildings or support facilities. • All foothill preservation areas. • All trail alignments including the Bonneville Shoreline trail. • All other areas not specifically identified for housing development. In addition the conservation easements would include at a minimum provisions for pedestrian access, a requirement for properties in the foothill protection area being maintained in a natural state and a requirement that any future changes to the terms of the easement be agreed upon by both cities, which motion failed, Council Members Christensen and Turner voted aye and Council Members Saxton, Love, Jergensen, Buhler and Lambert voted nay. Councilmember Christensen said the issue was difficult. He said he was not convinced the preservation vision would truly take place or if the vision was sustainable. He said he was looking for balance and the ability to set forth in perpetuity the issues of greatest concern. Councilmember Turner said the Mayor and City Council of North Salt Lake could address the public's issues and desires. He said he felt that North Salt Lake needed a cemetery. He said protection of wet lands and water sources could be done. Councilmember Lambert said he appreciated the compromise proposal and wanted everyone to work toward a solution. He said he wanted to stop the ever expanding encroachment on the foothills of Davis County. He said the open space zone was a great benefit to the residents of North Salt Lake, Davis County and Salt Lake City. He said he did not want to change the character of the land. He challenged open space advocates to purchase the lands in question. Mr. Fluhart said Mayor Anderson's recommendation was to deny the disconnect petition. He said he took exception to North Salt Lake's statement that Salt Lake City could not provide services to the area. He said for a long time Salt Lake City had provided the important services of open space. He said Salt Lake City had insured that the land was maintained as open space for everyone to enjoy. 04 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 14 , 2004 Mr. Fluhart said Salt Lake City was pursuing funding to acquire the property from North Salt Lake. He said North Salt Lake was not interested in working with Salt Lake City to provide a method and the dollars to purchase the property. He asked North Salt Lake City to partner with Salt Lake City in raising funds for the purchase of the property. Councilmember Jergensen moved and Councilmember Saxton seconded to deny the petition for a voluntary boundary adjustment between North Salt Lake City and Salt Lake City, which motion carried, all Council Members voted aye, except Council Members Christensen and Turner who voted nay. Councilmember Jergensen said he did not consider the hearing a vote against North Salt Lake City or Davis County. He said it was a difference in interpretation of what should happen to a certain piece of property. He said the vote was about valuing open space or changing a significant element of the foothills forever. He said a collaborative effort by both cities could be made. Councilmember Saxton said there was intrinsic value in open space land. She said in 1997 North Salt Lake and Salt Lake City had been allies in the discussion and desire to preserve the area. She said open space brought more to a community than developing it. She said leaving something for those who would come after us was important. Councilmember Buhler said open space was a value to the community and residents had voted by a 70% margin to raise property taxes to purchase open space. He said North Salt Lake City had the right to file a petition to disconnect. He said it was important to note that under the current open space zoning, North Salt Lake City could legally build a cemetery which could change the character of the land. He said he hoped an agreement could be reached. Councilmember Love said the property was one of the most valuable pieces of open space left in the City. P 04-32 COMMENTS TO THE CITY COUNCIL Bob Fisher commented regarding a rally of kids who were sluffing school in front of the City and County Building. He said they did not have a permit. Juan Arce-Larreta commented regarding the change in traffic on Beck Street by adding a new lane. UNFINISHED BUSINESS #1. RE: Amending Section 5.72.457, Salt Lake City Code pertaining to annual review of taxicab maximum rates. View Attachment Councilmember Christensen moved and Councilmember Buhler seconded to reconsider the item, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Ordinance 92 of 2004 with the wording changes suggested by staff, which motion carried, all members voted aye. (0 04-23) #2. RE: a. Adopting an ordinance repealing Chapter 2.70, of the Salt Lake City Code, relating to the Youth City Government Advisory Board. View Attachment 04 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 14 , 2004 b. Adopting an ordinance repealing and reenacting Chapter 2.37, Salt Lake City Code, relating to the Youth and Family Recreation and Programs Advisory Board. Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 93 of 2004 and Ordinance 94 of 2004, which motion carried, all members voted aye. Councilmember Saxton said she had concerns about shifting the policy for youth programs as being a designated area, and continuing with budget issues. (0 04-29) #3. RE: Adopting a motion to reconsider a request by Mr. Jack Plumb to amend the Avenues Community Master Plan and rezone property located at 518 East 3rd Avenue from residential multifamily (REF-35) to neighborhood commercial (CN) pursuant to Petition No. 400-04-02. (Jack Plumb) . View Attachment Councilmember Jergensen moved and Councilmember Buhler seconded to reconsider the motion, which motion carried, all members voted aye. Councilmember Jergensen moved and Councilmember Turner seconded to table Petition 400-04-02 to a future Council meeting, which motion carried, all members voted aye. Councilmember Jergensen said the concern was that Mr. Plumb had already gone through the City process for zoning. He said he expected Mr. Plumb to re-apply for zoning and he saw no reason for him to go through the whole process again. (P 04-29) #4. RE: Adopting a resolution approving the appointment of Sydney Jayne Magid, Part-time Justice Court Judge for a term extending through January 2008. Councilmember Turner moved and Councilmember Jergensen seconded to, approve the appointment and adopt Resolution 68 of 2004, which motion carried, all members voted aye. (I 04-29) #5. RE: Adopting a resolution approving the appointment of L. G. (Buz) Cutler as a Part-time Justice Court Judge for a term extending through January 2008. Councilmember Lambert moved and Councilmember Saxton seconded to, approve Resolution 68 of 2004, with the condition that Mr. Cutler continue to serve as part-time judge until a full-time vacancy occurs, which motion carried, all members voted aye. (I 04-29) CONSENT AGENDA Councilmember Jergensen moved and Councilmember Saxton seconded to adopt the consent agenda, excluding Item G-3, which motion carried, all members voted aye. See Item G- 3 for motion. #1. RE: Requesting that the Administration not hold a hearing regarding a lease agreement for the encroachment of balconies, two stairs with handrails, and landscaping improvements located on the 500 South side of Library Square Condominiums. View Attachment (W 04-4) #2. RE: Requesting that the Administration not hold a hearing regarding a lease 04 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, DECEMBER 14 , 2004 agreement with the new owner of an existing building at 324 South State Street. The owner is constructing a parking structure to the rear of the building, and will install a sand trap under the sidewalk to prevent grease, oils and contaminants from getting in the storm drain system. View Attachment (W 04-4) #3. RE: Requesting the Administration hold a hearing regarding an easement to facilitate the extension of a secondary gas line to be installed, and allow the City to provide for future utility needs within Liberty Park. Lease is consistent with City policy and compensation will be tendered. View Attachment Councilmember Christensen moved and Councilmember Jergensen seconded to request a hearing, which motion carried, all members voted aye. Councilmember Love said there had been concern by neighbors surrounding the tennis court regarding the gas line. She said this would give them a chance to speak about concerns. Ms. Gust-Jenson said the lease proposal should have come to the Council before being executed as required by ordinance. She said in this case it did not come to Council in advance. She said the gas line had been installed and residents felt frustration with the City over this. (W 04-4) #4. RE: Requesting that the Administration not hold a hearing regarding a lease agreement for the encroachment of an advertising sign which extends over the public sidewalk by approximately six feet. The sign existed prior to 1984 zoning changes that would forbid such signs. However, it was damaged by a storm, and the permits counter has reviewed the condition of repair. View Attachment (W 04-4) #5. RE: Requesting that the Administration not hold a hearing regarding a lease agreement for the encroachment of an ingress/egress ramp to comply with ADA requirements. The ramp will project into the public way on the 400 South side of the building, but will not impede pedestrian access. View Attachment (W 04-4) #6. RE: Setting the date of January 4, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 63 of 2004 which approved, ratified and finalized the budget of Salt Lake City, Utah, for the fiscal year beginning July 1, 2004 and ending June 30, 2005. (Budget Amendment No. 4) (B 04-15) #7. RE: Setting the date of January 4, 2005 at 7:000 p.m. to accept public comment and consider adopting an ordinance rezoning the properties located at 63 Wast Fayette Avenue from Commercial Corridor (CC) to Residential Mixed Use (RMU) , and amending the Central Community Master Plan pursuant to Petition No. 400-04-04. (Jefferson School Apartments) (P 04-34) #8. RE: Adopting a motion authorizing the Council Chair to sign a contract with Tennessee Transportation and Logistics Foundation (TTLF) for certain ground transportation consulting services. View Attachment (C 04-791) The meeting adjourned at 9:06 p.m. cm 04 - 5