12/09/2008 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DECEMBER 9, 2008
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, December 9, 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 Soren Simonsen Luke Garrott
Jill Remington Love Eric Jergensen Van Turner
JT Martin
Cindy Gust-Jenson, Executive Council Director; David Everitt,
Mayor' s Chief of Staff; Edwin Rutan, City Attorney; and Beverly Jones,
Deputy City Recorder, were present.
Councilmember Love presided at and conducted the meeting.
#1 . 7:07:53PM The Council led the Pledge of Allegiance .
#2 . 7:08:27 PM Recognition of outgoing City Council Chair: Jill
Remington Love .
Councilmember Christensen presented a gift of recognition to
Councilmember Love for her distinguished service as Council Chair this
past year.
#3. 7:18:54 PM Councilmember Turner moved and Councilmember
Simonsen seconded to approve the minutes of the Salt Lake City Council
meeting held December 2 , 2009, which motion carried, all members voted
aye except Councilmember Jergensen who was absent for the vote .
(M 08-3) View Attachments
#4 . 7:12:18PM The Council will recognize Fire Chief Dennis McKone
and consider adopting a resolution with the Mayor recognizing the
accomplishments of Fire Chief McKone.
Councilmember Christensen read the resolution.
Councilmember Christensen moved and Councilmember Turner seconded
to adopt Resolution 48 of 2008 with the Mayor, which motion carried,
all members voted aye except Councilmember Jergensen who was absent for
the vote .
(R 08-1)
PUBLIC HEARINGS
#1 . 7:19:10PM RE: Accept public comment and consider an ordinance
adopting the Solid Waste Management Facility Budget, as prepared and
submitted by the Salt Lake Valley Solid Waste Management Council for
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Calendar Year 2009 subject to specific policy directives . View
Attachments
Councilmember Turner moved and Councilmember Garrott seconded to
close the public hearing, which motion carried, all members voted aye
except Councilmember Jergensen who was absent for the vote .
Councilmember Turner moved and Councilmember Garrott seconded to
adopt Ordinance 88 of 2008, which motion carried, all members voted aye
except Councilmember Jergensen who was absent for the vote.
(B 08-3)
#2 . 7:19:54 PM RE : Accept public comment and consider adopting an
ordinance extending the corporate limits of Salt Lake City to include
approximately 330 acres of land generally located between the Jordan
River to approximately 2400 West and between the existing Salt Lake
City boundary at 1700 North to 2400 North, amending the Northwest
Community Master Plan and the Northpoint and Rose Park Small Area Plans
and amending the Zoning Map pursuant to Petition No. 400-08-03 .
(Represented by BNA Realty. ) View Attachments
Councilmember Simonsen moved and Councilmember Christensen
seconded to close the public hearing, which motion carried, all members
voted aye except Councilmember Jergensen who was absent for the vote .
Councilmember Christensen moved and Councilmember Turner seconded
to adopt Ordinance 86 of 2008, which motion carried, all members voted
aye except Councilmember Jergensen who was absent for the vote .
(P 08-9)
#3. 7:21:23 PM RE : Accept public comment and consider adopting an
ordinance rezoning portions of property located at 754 North 300 West
and amending the zoning map pursuant to Petition No. 400-08-04 .
Councilmember Garrott moved and Councilmember Simonsen seconded to
close the public hearing, which motion carried, all members voted aye
except Councilmember Jergensen who was absent for the vote .
Councilmember Garrott moved and Councilmember Turner seconded to
adopt Ordinance 89 of 2008, which motion carried, all members voted aye
except Councilmember Jergensen who was absent for the vote .
(P 08-16)
7:22:28PM COMMENTS TO THE CITY COUNCIL
Marsha Merrill spoke in support of progressive zoning, Jeff Bair
and Joe and Shayla DeGooyer spoke in opposition to St . Joseph' s Villa
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TUESDAY, DECEMBER 9, 2008
expansion. Hamid Saoudian said he wanted to speak about the negative
impacts of the proposed cut of the Software Engineering Manager
position in the mid-year budget adjustment document .
The following people spoke or submitted a hearing card in favor of
the "Barlow fence" on California Avenue : Eslie Barlow; Jay Ingleby;
Gary Frech; Randy J. Sorensen; Ian Olschewski; Abe Barlow; James Morse;
Ray Kirechoffer; Janet Knudsen; Cleo Barlow; Eme Barlow; Buckley
Barlow; Debbie Wayman; Ron Wood; Gloria Udy; Jack T. Udy; Jim Murse and
Richard Bowden.
The following people spoke in opposition to the State Recycling
Market Development Zone program: Jay Ingleby and Randy J. Sorensen.
The following people spoke in support of the State Recycling
Market Development Zone program: Kate Whitbeck and Larry Gibbons .
The following people spoke in support of the temporary zoning for
a temporary homeless Shelter: Jose Lazaro and Matt Minkevitch.
The following people spoke in opposition of the temporary zoning
for a temporary homeless shelter : Christian Harrison; Pete Henderson
and Mickelle Weber.
UNFINISHED BUSINESS
#1 . RE: 9:00:43 PM Adopting an ordinance amending Salt Lake City
Ordinance 64 of 2008 which adopted the final budget of Salt Lake City,
Utah, for the fiscal year beginning July 1, 2008 and ending June 30,
2009 . (Budget Amendment No. 1) View Attachments
Councilmember Simonsen moved and Councilmember Turner seconded to
adopt Ordinance 87 of 2008 amending the budget for Fiscal Year 2009
including mid-year budget reductions as itemized per the attached key
changes schedule with the exception of the property transaction related
to Barnes Bank Building and that the Council Office budget be reduced
by 1%, which motion carried, all members voted aye .
Councilmember Simonsen moved and Councilmember Garrott seconded to
adopt the item related to the purchase of the Barnes Bank building
(total purchase price of $3 .5 million) and to be paid out of the
surplus land account to be reimbursed with sales tax bond proceeds and
with up to $2 . 7 million in tenant improvements and with up to $2
million in tenant improvements for energy efficiency related
improvements, which motion carried, all members voted aye .
Discussion held during Work Session.
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TUESDAY, DECEMBER 9, 2008
(B 08-9)
#2 . 8:08:11 PM RE: Adopting a resolution of the Salt Lake City
Council approving the submission of an application to the State
Recycling Market Development Zone program ending June 30, 2009 . View
Attachments
Councilmember Garrott moved and Councilmember Martin seconded to
adopt the resolution.
Councilmember Turner said he was opposed to the recycle zone . He
said he felt Glendale was the dumping ground for the City.
Councilmember Christensen said he would vote against the issue.
He said the Council was voting on this for a tax benefit for the
companies in the current tax year. He said he was not sure the
community realized the Council had brought this issue back.
Councilmember Simonsen said he understood there were many issues
associated with manufacturing uses within the City. He said by
creating incentives to produce clean manufacturing facilities, positive
benefits for the community would be created. He said because of
concerns raised by the community the Council could consider a
legislative intent to check buffering between manufacturing uses as
appropriate adjacent to residential uses .
Councilmember Garrott said he was sensitive to the Westside
citizens concerns . He said adverse effects on neighborhoods needed to
be mitigated. He said he would vote in favor of this issue .
Councilmember Garrott said he wanted to withdraw his original
motion and make a substitute motion.
Councilmember Garrott moved and Councilmember Simonsen seconded to
adopt Resolution 46 of 2008 with the following amendments : That the
eighth "Whereas" clause be amended to read as follows : Whereas the
City' s program will be limited to businesses located in the light
manufacturing "M-1" or heavy manufacturing "M-2" districts that are
currently operating as of the date of this resolution that are either
west of I-215 or north of 600 North and that meet the other "business
qualifications" as defined in the City' s program application to the
state. I further move that "the business qualifications" as defined in
the City' s program application to the State be amended to state that
only businesses that are currently operating as of the date of this
resolution west of 1-215 and north of 600 North qualify for the recycle
market development program.
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Councilmember Simonsen said they should decide how the proposal
could be modified so it was applicable and suitable . He said he felt
the intent was to create a zone for development of these businesses in
the future .
Councilmember Turner said the process tonight was not transparent.
He said this issue was brought to the Council as an economic
development tool to bring new businesses to the Westside . He said he
did not want more businesses of this kind on the Westside.
Councilmember Love said she would be voting for the motion. She
said she was uncomfortable this issue came to them so late . She said
there should have been more public notice .
Councilmember Jergensen said he would vote in favor of the issue .
He said he did not like the fact this issue had moved so quickly. He
said Councilmember Turner' s concerns were valid. He said this could
explode into something larger than the Council intended.
Councilmember Love called for the question, which motion carried,
all members voted aye except Council Members Turner and Christensen who
voted nay.
Councilmember Simonsen moved and Councilmember Jergensen seconded
to adopt a Legislative Intent to the Administration to evaluate some of
the impacts throughout the manufacturing zoning districts on adjacent
non-manufacturing and particularly residential districts and also to
explore the applicability of this recycling incentive program in other
appropriate zoning areas and in other locations throughout the City
that were not within the current geographic areas defined by the
ordinance .
Councilmember Love called for the question, which motion carried,
all members voted aye except Council Members Turner and Christensen who
voted nay.
(R 08-7)
#3. RE: 8:25:23 PM Adopting a resolution providing for a public
hearing on January 6, 2009 at 7 : 00 p.m. to accept public comment
relating to the issuance of sales tax revenue bonds to finance the
acquisition, improvement and remodeling of a building for use as City
offices and providing for related matters .
Councilmember Simonsen moved and Councilmember Garrott seconded to
adopt Resolution 47 of 2008 setting the date of January 6, 2009 at 7 :00
p.m. to hold the public hearing, which motion carried, all members
voted aye except Councilmember Jergensen who was recused.
(Q 08-11)
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#4 . RE: 8:25:52PM Adopting an ordinance enacting temporary zoning
regulations authorizing Homeless Shelter Overflow Use at 437 West 200
South. View Attachments
Councilmember Christensen moved and Councilmember Simonsen
seconded to adopt Ordinance 90 of 2008.
Councilmember Christensen said the Council needed to find a long
term strategy which would work better for the neighborhood. He said he
was respectful of property owners and residents who had expressed
concerns .
Councilmember Garrott moved and Councilmember Jergensen seconded
to pass the text with an amendment as stated with the time period
expiring not in six months but March 1st.
Councilmember Martin said he wanted to shorten the time period.
He said Council needed to address ongoing problems and find
alternatives to take care of the needy. Councilmember Christensen said
he was worried about the substitute motion because of freezing
temperatures in March.
Councilmember Turner said he did not want someone to freeze to
death on April 1st. He said they needed to come up with a better
program. Councilmember Jergensen said he was going to vote in favor of
the motion. He said there was a need to help and preserve life. He
said he was sensitive to the neighborhood. He said there was
commitment by the Council and the Administration to look at a long term
solution.
Councilmember Simonsen said he did not know if he would support
the substitute motion. He said he agreed long term solutions were
needed. He said it was unfortunate the Council had to use this to
address a problem that has been ongoing for a long time .
Councilmember Love called for a vote on the substitute motion,
which motion failed, Council Members Martin, Garrott and Jergensen
voted aye and Council Members Simonsen, Turner, Christensen and Love
voted nay.
Councilmember Love called for the question on the original motion,
which motion carried, all Council Members voted aye .
(0 08-29)
#5 . RE: 8:38:32PM Approving the appointment of Heather Simonsen to
the Library Board for a term extending through June 30, 2010 .
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Councilmember Turner moved and Councilmember Jergensen seconded to
approve the appointment, which motion carried, all Council Members
voted aye except Councilmember Simonsen who was recused for the vote .
(I 08-15)
CONSENT AGENDA
8:37:42 PM Councilmember Love said on the advice of the City
Attorney' s Office, Item G-9, the appointment of Heather Simonsen,
needed to be pulled off the Consent Agenda. She said the vote would be
taken under Unfinished Business .
Councilmember Jergensen moved and Councilmember Turner seconded to
approve the Consent Agenda with the exception of Item G-8, which motion
carried, all members voted aye .
#1 . RE : Setting the date of January 6, 2009 at 7 : 00 p.m. to accept
public comment and consider adopting an ordinance amending Section
21A. 24 . 190, Salt Lake City Code, pertaining to the Table of Permitted
and Conditional Uses for Residential Districts, Private Clubs in
Residential Mixed Use Zoning Districts pursuant to Petition No. 400-06-
45 (Andy' s Place) .
(P 08-17)
#2 . RE: Setting the date of January 6, 2009 at 7 :00 p.m. to accept
public comment and consider adopting an ordinance amending the sunset
provision set forth in Ordinance 74 of 2006 pertaining to the expedited
approval process for construction-related activities in a portion of
the downtown area.
(0 06-33)
#3 . RE: Approving the appointment of Esperanza Granados to the
Human Rights Commission for a term extending through December 28, 2010 .
(I 08-5)
#4 . RE : Approving the appointment of T. Christopher Wharton to the
Human Rights Commission for a term extending through December 28, 2009 .
(I 08-5)
#5. RE: Approving the appointment of Paula Carl to the Housing
Trust Fund Advisory Board for a term extending through December 21,
2009 .
(I 08-25)
#6. RE: Approving the appointment of Wayne Anderson to the Golf
Enterprise Fund Advisory Board for a term extending through December
21, 2009 .
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(I 08-21)
#7 . RE: Approving the appointment of Julia Robertson to the
Community Development Capitol Improvement Programs Advisory Board for a
term extending through June 6, 2011 .
(I 08-22)
The meeting adjourned at 9 : 30 p.m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
December 9, 2008 .
bj
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