07/17/2007 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JULY 17 , 2007
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, July 17, 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 Dave Buhler
Nancy Saxton Dave Buhler Soren Simonsen
Jill Remington Love
Cindy Gust-Jenson, Executive Council Director; Sam Guevara, Acting
Mayor; Edwin Rutan, City Attorney; and Scott Crandall, Deputy City
Recorder were present.
Councilmember Turner presided at and Councilmember Love conducted
the meeting.
#1. 7 : 12 : 01 PM The Council led the Pledge of Allegiance.
#2 . 7 : 12 :22 PM Councilmember Christensen moved and Councilmember
Turner seconded to approve the minutes for the Salt Lake City Council
meeting held July 10, 2007, which motion carried, all members voted
aye . View Attachments
PUBLIC HEARINGS
#1. 7 : 13:25 PM RE: Accept public comment and consider adopting a
resolution accepting a study performed in compliance with Utah Code
Section 10-8-2 and approving an appropriation of $17 ,500 for planning
costs of a bicycle transit center at the intermodal hub. View
Attachments
The following people spoke or submitted hearing cards in favor of
the bicycle transit center at the intermodal hub: Polly Hart, Kirk
Huffaker, Alex Smith, Cory Bailey, Jennifer Milner, Lacey Gaechter;
James Comeford, Raymond Evans , Dr. Dan Fazzini, Jonathan Morrison, Adam
Bowles and Heidi Schubert.
Councilmember Love moved and Councilmember Turner seconded to
close the public hearing, which motion carried, all members voted aye.
Councilmember Jergensen moved and Councilmember Turner seconded to
adopt Resolution 48 of 2007 .
Councilmember Simonsen moved that the funds be specifically used
toward the rehabilitation of the north building of the intermodal hub.
There was no second.
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Councilmember Saxton asked if the building was used for retail
would that preclude the ability of the building to be used seven days a
week, 24 hours a day. Councilmember Simonsen said the building could
be subdivided to handle the intermodal center and private retail .
Jordan Gates, Mayor' s Environmental Advisor, said they had not
officially discussed sighting the location in the north building. He
said funds were going towards a plan that not only studied the location
within the intermodal hub but also alternative locations if another
location was deemed appropriate .
Councilmember Simonsen said the building had been vacant since the
hub was completed. He said it was a prime corner and located on the
200 South primary bicycle route into downtown Salt Lake City. He said
there could be other possible sites but he felt it was in the City' s
best interest to protect the long term management of the facility.
Councilmember Jergensen said he was not prepared to commit to the
use of the north building because there was not enough information. He
said the Council could approve the resolution allocating the money with
the intent there be serious consideration of the north building.
Councilmember Simonsen moved and Councilmember Buhler seconded
that along with the allocation of funds that the Council strongly
encourage the expiration of using those funds in the north building at
the intermodal hub.
Councilmember Love called for the question on the amendment, which
motion carried, all members voted aye.
Councilmember Love called for the question on the original motion,
which motion carried, all members voted aye .
(C 07-381)
#2 . 7 :22 : 10 PM RE: Accept public comment and consider adopting an
ordinance amending Section 5 . 72 . 455, Salt Lake City Code, pertaining to
maximum taxicab rates (the proposed ordinance would increase the
mileage rate taxicab drivers may charge customers from $1 . 80 to $2 per
mile . ) View Attachments
The following people spoke or submitted hearing cards in favor of
the mileage increase : John Holt and Armand J. Lacaillade.
Councilmember Christensen moved and Councilmember Jergensen
seconded to close the public hearing, which motion carried, all members
voted aye .
Councilmember Christensen moved and Councilmember Buhler seconded
to adopt Ordinance 52 of 2007 .
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TUESDAY, JULY 17 , 2007
Councilmember Saxton asked if the motion allowed for costs to go
up or down according to the cost of doing business . Russell Weeks,
Council Policy Analyst, said this set a maximum rate and cab companies
could always lower their prices if they felt there was a need.
Councilmember Christensen said the City has been in the process of
modifying how the ground transportation industry would be regulated.
He said part of that would include a more flexible scale.
Councilmember Love called for the question, which motion carried,
all members voted aye .
(0 05-2)
#3. 7 :27 : 40 PM RE: Accept public comment and consider adopting an
ordinance amending certain Sections of Chapter 5 . 71, Salt Lake City
Code, relating to permission for drivers to conduct ground
transportation business activities in the City, including requirements
for criminal history background checks, and making necessary amendments
to coordinate with certain Sections of Chapter 5 . 72, Salt Lake City
Code, relating to drivers of taxicabs and Chapter 5 . 76, Salt Lake City
Code, relating to drivers of vehicles transporting persons with
disabilities . View Attachments
Councilmember Christensen moved and Councilmember Turner seconded
to close the public hearing, which motion carried, all members voted
aye .
Councilmember Buhler moved and Councilmember Saxton seconded to
adopt Ordinance 48 of 2007 .
Councilmember Buhler said the Council had been working on this
issue for several years . He said Council Members were involved with
the airport and State Legislature . He said it was important to change
the law because of public safety.
Councilmember Simonsen said he would be voting against the motion.
He said it unfairly targeted a specific number of people . He said the
motion did not include buses, shuttles or other vehicles which operate
within the airport' s security area. He said it did not address
passengers who arrive by taxi, shuttle buses or other means .
Councilmember Saxton said if ground transportation had access to
the inner lane at the airport they all had the same background check.
Councilmember Buhler said it was different with passengers because they
were not in the inside lane day after day.
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Councilmember Love called for a roll call vote, which motion
carried, all members voted aye except Councilmember Simonsen who voted
nay.
(0 05-2)
7 : 30 :22 PM QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL.
Councilmember Christensen asked about the potential danger of
fireworks . He asked if the City still felt comfortable with the status
of the ban. Lyn Creswell, Chief Executive Officer, said he would talk
to the fire marshal and respond. He said yes they were concerned about
the safety of the community. Councilmember Jergensen asked if there
was intent to propose a ban on fireworks . Mr. Creswell said there was
no intent at this time .
7 : 31 :29 PM COMMENTS TO THE CITY COUNCIL
Cindy Cromar spoke concerning the purpose and functioning of the
Land Use Appeals Board (LUAB) .
Douglas Cotant spoke concerning skateboarders and raising the fine
to $400 .
Jim Garside asked if anyone had the number on how much profit Salt
Lake City made for surplus water sales outside the City limits to the
County.
The following people spoke in opposition to the proposed picketing
ordinance : Jasone Rose and David Berg.
The following people spoke or submitted hearing cards in support
of keeping Parley' s Historic Nature Park a permitted dog off-leash
area: Rita Lund; Julie Bryan; Corey Stone; Kris Lander; Richard Mingo;
Ken Levin; Jeremy and Janelle Heiser; Karen Guthrie; Holly Bateman;
Tonia VanMoorhem; the Bardugon family; Kyle Shannon; Bradley Edwards;
Julie Jensen; Maureen Frikke; Amanda Moore; Frosty Call; Linda M.
Houtz; Leoni Silva; Carl Fisher; Chris Aidelin; Graham Wallace; John
Griswold; Stephanie Skaggs; Deb Dolph; David Pedrazas ; Kyna O'Neill-
Pettyman; Amy Bruderer; Joanna Marusienski; Alicia Adair; Wendelyn
Sears; Chris Witty; Ellie Nicholson; Wendy Bates; Rachael Mathey;
Kimberlee C. Myers; John Fendt; Carol Shinkoskey; Greg Kirby; Misty
Patey; Sara Nye; Rebecca Vala; Layna Hurst; Marjorie Carter; Lissa
Lander; Jo Hinsdale; Michael Gibson; Katie Patterson; Hi Evan Gibson;
Keltsey Kissell; Debra Patey; Ben Sears; Duncan Reynolds; Stan Thomas;
Carrie Smith; Sophia Therese Pitakis; Aimee Williams; Marie Dickerson;
Suzanne Tronier; Karen Chang; Jennifer Milner; Julie Bjornotad;
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Jennifer de Tapia; Dereck Gibson; Carrie Gibson; Lisa Cover; Melinda
Boswell; Shannon Orr; Wendelyn Sears; Dayna Pack and Ken VanMoorhem.
The following people spoke or submitted hearing cards in
opposition to keeping Parley' s Historic Nature Park a permitted dog
off-leash area: Brenda Upright; Kyle Meadows; Jeff Salt; Ann Wechsler;
David Vala; Dri Ty Harrison; Emil Kmet; Jared Olds; Susan Upright and
W. Warren Owens .
UNFINISHED BUSINESS
#1. 8:29: 46 PM RE: Adopting a resolution authorizing the execution
of a cooperative agreement between Salt Lake City and Utah Department
of Transportation for design and construction reimbursement for
reconfiguration of tracks north of Roper Yard.
Councilmember Simonsen moved and Councilmember Saxton seconded to
adopt Resolution 49 of 2007, which motion carried, all members voted
aye .
(C 07-393)
#2 . 8 :30: 09 PM RE: Adopting an ordinance enacting Section
11 . 12 . 120, Salt Lake City Code, prohibiting targeted picketing of
individuals' residences.
Councilmember Jergensen moved and Councilmember Buhler seconded to
adopt Ordinance 51 of 2007 .
Councilmember Jergensen said the proposed ordinance was aimed at
harassment. He said the Constitution provided freedom of speech and
the proposed ordinance was not meant to proscribe that freedom of
speech. He said there were many opportunities in the City and in
neighborhoods for freedom of speech. He said the ordinance did not
allow specific targeting of picketing or other activities defined as
picketing in particular neighborhoods because there needed to be a
balancing of the right of freedom of speech and the right of privacy.
Councilmember Simonsen moved and Councilmember Saxton seconded to
table this item for a future Council meeting given the fact that there
were still some unresolved issues which have been part of the
discussions .
Councilmember Simonsen said the intent of the motion was to
maintain peace and an orderly atmosphere in neighborhoods . He said
people could still demonstrate because that right was guaranteed under
the Constitution. He said the ordinance moved picketing a few feet
further away from somebody' s private residence. He said he hoped the
Council would work through unresolved issues .
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Councilmember Saxton said she had similar concerns . She said the
100 foot designation would move the disturbance to an abutting property
owner. She said that was not right. She said she felt the ordinance
should be tabled for more discussion because 100 feet did not solve the
problem.
Councilmember Love said she wanted to speak against the substitute
motion. She said further study would not change the content of the
ordinance . She said the intent was to create a sense of privacy for
the individual who was being targeted and harassed in their home. She
said they were not limiting freedom of speech.
Councilmember Love called for a roll call vote on the substitute
motion, which motion failed, Council Members Simonsen and Saxton voted
aye and Council Members Buhler, Jergensen, Turner, Christensen and Love
voted nay.
Councilmember Love called for a roll call vote on the original
motion, which motion carried, Council Members Buhler, Jergensen,
Turner, Christensen and Love voted aye and Council Members Simonsen and
Saxton voted nay.
(0 07-19)
#3 . RE: 9 : 18 : 37 PM Adopting a resolution authorizing the approval
of an interlocal cooperation agreement between Salt Lake City
Corporation (City Recorder' s Office) and Salt Lake County (County Clerk
Election' s Division) regarding the County providing election assistance
services to the City.
Councilmember Christensen moved and Councilmember Turner seconded
to adopt Resolution 47 of 2007 .
Councilmember Buhler expressed his concern about elimination of
polling places as well as some polling places picked by the County
Clerk. He said he felt they were limiting access to the polls making
it more difficult for people to exercise their right to vote . He said
hopefully the Administration would work to educate the voters about
where the new polling locations were, how they could vote early and how
to obtain absentee ballots .
Councilmember Christensen said he thought they should continue to
advocate . He said as issues on the ballots became more County-wide,
the County needed to look at the proportion of costs . He said the City
should receive an equal amount of credit as those in the unincorporated
County. He said there was no reason the City' s residents should have
to pay twice for the right of someone else to vote .
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Councilmember Simonsen said he felt particularly disenfranchised
in District 7 because they appeared to have lost a significant number
of polling stations compared to other City districts . He said they
should consider forwarding a resolution to the State of Utah indicating
their dissatisfaction with how this general referendum has been handled
and funded.
Councilmember Saxton said she was going to be voting aye in
protest .
Councilmember Love called for the question, which motion carried,
all members voted aye .
(C 07-378)
#4 . 8 : 39 :22 PM RE: Adopting an ordinance, resolution or motion to
a proposal to amend sections of Salt Lake City Code that would
designate Parley' s Historic Nature Park as a permitted dog off-leash
area.
Councilmember Jergenson moved and Councilmember Turner seconded to
adopt a motion establishing the Parley' s Historic Nature Park as an
off-leash area with the following legislative intents with the
understanding that modifications may be based upon the findings of the
short term interim management plan and upon the long term findings of
the master plan/management plan developed later: 1) accept the attached
Parley' s Historic Nature Park' s working group' s findings and
recommendations including: a) develop a master plan/management plan for
the park including a time length for implementation subject to Council
approval, b) appoint a Park Advisory Board to provide stewardship for
the park, c) provide financial resources for implementation of the
master plan/management plan including strong enforcement within the
park, d) recognize that the park has multiple, legitimate users, e)
develop and strengthen partnership with the County with respect to
maintenance and management of the park; 2) accept the proposal from
Utah Open Lands to perform a baseline assessment, including
documentation of the current ecological conditions, to be completed
without delay; 3) as part of the working group' s recommendations ,
develop an interim management plan to be put in place within 30 days ,
in coordination with the City Council subcommittee, to identify
environmentally sensitive areas that are to be closed to access during
interim period nesting areas or other sensitive wildlife areas that are
to be closed on a seasonal basis, while leaving other areas open for
off-leash, BMX and other specific uses . This plan would have timelines
for the achievement of specific goals; during the interim period. Also
during the interim period the trail and abutting areas from the
entrance just east of Tanner Park from the trailhead to the bridge in
the park shall be designated as an on-leash area until the alternate
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on-leash entrance can be established; 4) develop a long term master
plan/management plan, subject to Council approval . The plan would
recommend long term preservation items including but not be limited to:
a) Protection of environmentally sensitive areas off main trails; b)
protection and management of stream beds; c) identification of
boundaries for a recognized BMX area; d) protection and preservation of
wetlands; e) planning for main "junction" areas likely to be heavily
trafficked and other issues relating to the varying intensities of uses
around the park; f) enforcement of closed areas and other park rules;
g) remediation and cleanup of asphalt pieces , tar, and other debris , as
identified in the master plan/management plan; h) addressing ADA
accessibility issues and identifying options; i) identification of
areas that could be best protected by boardwalks; j) identification of
necessary financial resources to address the goals of the master
plan/management plan; k) evaluating opportunities to work with other
government agencies including Salt Lake County, UDOT, and other federal
agencies to: i) remediate environmental issues caused by previous
actions of those entities; ii) find collaboration with enforcement;
iii) find joint opportunities to provide financial resources . h)
Identification of potential additional parking areas and evaluation of
how to manage special circumstances such as drought conditions ; 5)
explore opportunities to establish an additional entrance to Parley' s
Historic Nature Park at the northeast corner of Tanner Park that could
be combined with additional sections in the western area of the park by
streambed, designated as an on-leash area and, with proper engineering,
an ADA access area, and I further move that the Council express its
commitment to identify additional areas within the City that can be
designated or acquired as off-leash areas according to the evaluation
criteria in the present City resolution.
Councilmember Saxton requested that an enforcement person
specifically earmarked for this park be funded immediately. She said
she had visited the park many times and rules were not enforced. She
asked Councilmember Jergensen to include the number of dogs allowed at
any one time and a total number of dogs allowed in the park on any
given day to the motion.
Councilmember Christensen said this item dealt with a balance of
the right of privacy, the pursuit of liberty and free speech. He said
after walking through the park he noticed many competing demands . He
said until the Council was able to achieve a balance, the proposed
ordinance was a place to start . He said off-leash was an appropriate
use in the park.
Councilmember Turner said the City needed a better management
plan. He said people bought their homes close to the area because they
wanted to walk to the park. He said this should be a neighborhood
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park. He said residents should not have to clean up after the whole
County. He said he supported the motion.
Councilmember Simonsen said there was a 30-day provision to
prepare an interim management plan. He said his concern was that it
might take 30 days to put a group together. He said he wanted to make
sure they had enough time to assemble a group and accomplish the work.
Councilmember Jergensen said the idea was that the Administration
would work under Rick Graham' s direction. He said some ground work was
already in place with FIDO' s and with neighbors . He said an interim
management plan would not take 30 days to develop.
Councilmember Simonsen moved and Councilmember Buhler seconded to
strike the restriction that Councilmember Jergensen put on for on-leash
only on the trail leading down to the park to the point of the bridge .
Councilmember Buhler said he supported the amendment. He said he
felt this detail should be worked out in a Management Plan.
Councilmember Jergensen said the idea was to identify some way for
people in wheelchairs or who required ADA access to come down from the
east parking lot.
Councilmember Simonsen said he would be comfortable designating
other entrances into the park such as the BMX bike area to the south or
entrances that were in the process of being developed. He said if a
person entering the park was going down a steep embankment with large
dogs in tow, the large dogs could suddenly take off dragging a person
with them.
Councilmember Love called for a roll call vote on the amendment to
the motion, which motion failed, Council Members Simonsen, Buhler, and
Love voted aye and Council Members Saxton, Jergensen, Turner and
Christensen voted nay.
Councilmember Simonsen read a statement.
Councilmember Buhler said he supported the motion because it
designated Parley' s as off-leash and accepted the working group' s
recommendations . He said even though the group was not able to resolve
all issues and come to consensus on everything, he was encouraged by
the positive things they recommended. He said he needed to state for
the record he was not in total agreement with all of the legislative
intents, but the Council needed to do something. He said hopefully the
committee would be able to produce a solid management plan. He said he
wanted to see a Park Authority put together with Salt Lake County to
manage this resource . He said Tanner Park and Parley' s Historic Nature
Park should be joined under one management . He said then day to day
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issues could be resolved to make sure this remained a special place for
multiple uses .
Councilmember Saxton said this park had not been maintained by the
City even prior to it being designated off-leash. She said issues were
not unique to this park because there were other areas where people ran
their dogs' off-leash illegally. She said the park was dedicated for a
reason and it was the City' s responsibility as stewards of City
property to do everything to keep the park in the same condition as it
was when it was donated. She said she would be voting against the
motion. She said she would continue to look for more off-leash dog
areas in and outside the City.
Councilmember Jergensen recommended there be a real effort to find
common ground. He said the park had made a tremendous amount of
improvement. He said much of that improvement came from the partners
that participated. He said it was a beginning and the City could get
something done with all sides participating. He suggested three
principles : 1) the idea of peer policing and peer enforcement, 2)
collaboration, and 3) the opportunity of a group of people with
differing objectives and ideas on how to achieve those objectives . He
said they could create a model for the County, the State and most
importantly, Salt Lake City.
Councilmember Love said she understood how special the park was
for dogs and dog owners . She said a sense of community was there . She
said because of that she was willing to support the motion. She said
she understood what a wonderful amenity this park was to the City.
Councilmember Love called for a roll call vote, which motion
carried, Council Members Simonsen, Buhler, Jergensen, Turner,
Christensen and Love voted aye and Councilmember Saxton voted nay.
(0 07-20)
#5. RE: 9:21 :59 PM Adopting an ordinance enacting temporary land
use regulations regarding conditional use permits on residentially
zoned properties and on properties which abut residentially zoned areas
throughout the City.
Councilmember Saxton moved and Councilmember Turner seconded to
adopt Ordinance 49 of 2007 .
Councilmember Buhler moved and Councilmember Jergensen seconded
that the Council defer this item until the next Council meeting.
Councilmember Christensen asked if the moratorium was adopted,
would there be anything to preclude the Council from creating some
allowances in August. Edwin Rutan, City Attorney, said exceptions
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could be added to the draft ordinance . Councilmember Christensen said
he wanted to look at the ordinance at the first meeting in August.
Councilmember Buhler said he wanted to withdraw his motion but
make a different substitute motion.
Councilmember Buhler moved and Councilmember Christensen seconded
to exclude utilities from the moratorium.
Councilmember Jergensen asked if they could exclude other
conditional type uses without going through the Planning Commission
process . Cindy Gust-Jenson, Executive Council Director, said the
Council could reduce what was currently prohibited. She said uses
could be added as early as 24 hours from when the Council decided to
schedule a meeting. Councilmember Buhler said he wanted to support
this item but he was concerned about issues that had been raised. He
said he wanted time to work through the issues .
Councilmember Love called for a vote on the substitute motion,
which motion carried, all members voted aye .
(0 07-22)
#6 . 9 :28 : 41 PM RE : Adopting an ordinance enacting temporary land
use regulations for above ground streambed corridors .
Councilmember Buhler moved and Councilmember Christensen seconded
to adopt Ordinance 50 of 2007 .
Councilmember Buhler said a moratorium was a tool they were given
for exceptional circumstances . He said the City did not have many
natural open stream corridors . He said there was a flaw in the current
ordinance because there was no special protection for areas around
streambeds such as Emigration Creek. He said for six months the
moratorium would require a 100-foot buffer of any development near a
creek. He said this would give the Council a chance to study this
issue more thoroughly to consider what kind of buffer should be there
and what protection was needed.
Councilmember Saxton asked if the motion excluded or included
fences . Councilmember Love said fences were included in the motion.
Councilmember Buhler said he wanted fences excluded from the
prohibition.
Councilmember Love called for the question, which motion carried,
all members voted aye .
(0 07-21)
CONSENT AGENDA
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9 : 32 : 18 PM Councilmember Jergensen moved and Councilmember
Simonsen seconded to approve the Consent Agenda, which motion carried,
all members voted aye, except Councilmember Saxton who voted nay.
#1 . RE : Approving the appointments of the following to the Police
Civilian Review Board:
■ Anne Albaugh for a term extending through September
3, 2007 .
■ Rick Webber for a term extending through September 1,
2008 .
■ Ronald Bartee for a term extending through September
1, 2008 .
■ Ralph C. Petty for a term extending through September
3, 2007 .
(I 07-23)
The meeting adjourned at 9 : 34 p.m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held July
17, 2007 .
bj
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