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07/19/2011 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 19, 2011 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 19, 2011 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 Stan Penfold Jill Remington Love Luke Garrott Soren Simonsen JT Martin Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; Mayor Ralph Becker; and Beverly Jones, Deputy City Recorder; were present. Councilmember Love presided at and Councilmember Turner conducted the meeting. OPENING CEREMONY #1 . 7 : 08 : 56 PM The Council led the Pledge of Allegiance. #2 . 7 : 09:24 PM Councilmember Christensen moved and Councilmember Garrott seconded to approve the Salt Lake City Council minutes for July 12, 2011, which motion carried, all members voted except aye . View Attachment (M 11-3) PUBLIC HEARINGS #1 . RE: 7 : 09 : 50 PM Accept public comment and consider adopting an ordinance enacting Chapter 5 . 09, Salt Lake City Code, relating to false fire alarms and establishment of fire watches . False and/or nuisance alarms are characterized as alarms activated through monitored fire alarm systems that are caused by negligence or the intentional misuse of the system, mechanical failure, lack of property maintenance or any other response not caused by heat, smoke, fire or low water and result in a response from the Fire Department . (A proposal to implement a fee schedule that will defray the expense of responding to false and/or nuisance alarms . New fees would apply only to businesses and organizations . ) View Attachments Councilmember Garrott moved and Councilmember Christensen seconded to close the public hearing, which motion carried, all members voted aye . 11 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 19, 2011 Councilmember Christensen moved and Councilmember Simonsen seconded to adopt Ordinance 46 of 2011, which motion carried, all members voted aye . (0 11-16) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 7 : 12 : 04 PM Councilmember Garrott asked about the interlocal agreement with UDOT regarding the right turn lane on 1300 South and 300 West . He said the Council had discussed adding value to the area and not just accommodating vehicular traffic. He asked if the Mayor was interested in accommodating pedestrians . Mayor Becker said he was with the Council all the way. Councilmember Turner said the sidewalk on the south side of Lowe' s was approximately 4-feet. He said that could be improved to give better access to the TRAX station a block away. Councilmember Love said Council Members had received complaints about noise from fireworks . She said a couple of weeks ago they had changed the ordinance to give the Fire Department more flexibility for enforcement and guidelines . She asked how much flexibility that gave the department . She asked if the Council could have stricter regulations than the State . Martha Ellis, Fire Marshal, said an amendment to the Fire Code was made allowing the Fire Department to identify areas of greater risk from incendiary devices . Ms . Ellis said she did not feel they needed to be any more restrictive . She said the biggest problem was when fireworks were still going off at 1 : 30 a.m. She said that was an enforcement issue and there were not enough officers to respond to every call . She said more education was needed. She said people needed to exercise courtesy. Councilmember Penfold said his district was restricted from fireworks . He said that was also an enforcement issue . Ms . Ellis said the challenge was having people to respond. She said they did not want to cripple the Police Department. COMMENTS TO THE CITY COUNCIL 7 :20 : 15 PM Amir Cornell said he wanted to expand on his property and existing ordinances would not allow him to do that. Dave Jackson spoke on the increase in taxi tolls at the airport . Jaelene Myrup submitted a card but did not wish to speak on the proposed Walmart on 2100 South and Parley' s Way. 11 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 19, 2011 NEW BUSINESS #1 . RE: 7 :25 : 38 PM Adopting a resolution authorizing a loan from Salt Lake City to the Library Square Foundation for Art, Culture and Science (the Leonardo) for its operations . View Attachments Councilmember Simonsen moved and Councilmember Garrott seconded to suspend the rules and adopt Resolution 24 of 2011 , which motion carried, all members voted aye . (R 11-8) UNFINISHED BUSINESS #1 . RE: 7 :26 : 52 PM Adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and the Utah Department of Transportation (agreement with UDOT for the design and installation of a right turn lane on 300 West at 1300 South) . View Attachments Councilmember Penfold moved and Councilmember Love seconded to adopt Resolution 26 of 2011 authorizing the Mayor to sign the interlocal cooperation agreement with the Utah Department of Transportation for the design and installation of a right turn lane on 300 West at 1300 South with the following conditions related to the Administration' s next steps (1) the Administration provide to the Council a range of options and costs to enhance the pedestrian experience at that intersection and report back to the Council before any plans are finalized or bids are let. Those options may include but are not limited to widening the sidewalk, street trees, striped and/or colored pedestrian crossings and mid street pedestrian islands; (2) if extra funding is necessary for any of these options, Council will discuss appropriate funds at that time; (3) that the Administration consider pedestrian and bicycle movements as a priority in all future federal grant applications and City street construction projects and (4) , that the Administration provide a cost estimate to install 10- foot sidewalks between 1300 South 200 West TRAX station and this intersection. Councilmember Simonsen asked for clarification on pedestrian and bicycle opportunities or enhancements . He asked if the Council could suggest the additional turn pocket was not appropriate . Councilmember Christensen said the funds were specified for that project . He said if the project was changed it would have to go back through the process . Councilmember Simonsen said he would vote against the motion. He said he felt they could not enhance the pedestrian environment by giving additional consideration to automobiles . Councilmember Love said she agreed with Councilmember Simonsen . She said she wanted staff to come 11 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 19, 2011 back with a solution. She said the intersection was not functional for pedestrians . Councilmember Garrott said it was not just the sidewalks and the intersections but also the road. He said bicyclists were not comfortable on the road. Councilmember Penfold said his intent was to get serious as they talked with the Administration. He said they needed to look at streets in a complete systematic way for all users . He said the Council wanted to consider options to move the City forward in that direction. He said that was his intent for adding language to the motion. Councilmember Christensen said buildings on the north side of 1300 South were built right next to the sidewalk. Councilmember Turner said he saw individuals cutting diagonal from the TRAX station through Lowe' s . He said pedestrians walked to where Lowe' s emptied into 300 West and then jaywalked. He said that was a problem. Councilmember Turner called for the question, which motion carried, all members voted aye except Councilmember Simonsen who voted nay. (C 11-379) #2 . RE: 7 : 37 : 12 PM Adopting a resolution authorizing a loan from Salt Lake City' s Housing Trust Fund to Woodruff Landmark Limited Partnership for renovation of the Woodruff Apartments located at 236 South 200 East. View Attachments Councilmember Garrott moved and Councilmember Penfold seconded to adopt Resolution 27 of 2011, which motion carried, all members voted aye . (R 11-9) #3 . RE : 7 : 37 : 43 PM Adopting a resolution appointing a Board of Equalization and Review for the North Temple Viaduct, Special Assessment Area (#109014) ; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a notice of meetings of the Board of Equalization and Review; and related matters . (The BOE hearing provides an opportunity for property owners to discuss with the Board any actual costs that are being proposed. The Board will hear and consider any objections and make corrections of any proposed assessments which the Board may deem unequal or unjust. ) View Attachments Councilmember Penfold moved and Councilmember Christensen seconded to adopt Resolution 25 of 2011 . 11 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 19, 2011 Councilmember Garrott said he would be voting against this resolution. He said the bridge did not need to be built. Councilmember Turner called for the question, which motion carried, all members voted aye except Councilmember Garrott who voted nay. (Q 09-9) CONSENT AGENDA 7 : 38 : 48 PM Councilmember Garrott moved and Councilmember Simonsen seconded to adopt the Consent Agenda, which motion carried, all members voted aye . #1 . RE: Setting the date of Tuesday, August 23 , 2011 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance closing and vacating an alley as a public right-of-way adjacent to property located at 1575 South State Street pursuant to Petition No. PLNSUB2011-00004 . (Salt Lake Community College is requesting the vacation of a north to south alley to allow for the integration of the alley into the existing South City Campus parking lot located at approximately 123 East 1700 South) . (P 11-6) #2 . RE: Setting the date of Tuesday, August 9, 2011 at 7 : 00 p.m. to accept public comment and consider adopting an ordinance amending Section 21A. 40 . 050 .A, Salt Lake City Code, pursuant to Petition No . PLNPCM2010-00782 pertaining to the City' s zoning regulations to remove the accessory structure rear yard maximum 5 ft. setback requirement in residential zoning districts . (Currently "accessory structures" like garages, gazebos and covered patios must be placed within five feet of the rear property line . The ordinance change would allow these structures to be placed in other areas of the lots . For example, a gazebo or covered patio could be placed in the center of a backyard under the new ordinance . ) (Petitioner - Mayor Ralph Becker, Petition PLNPCM2010-000782) (0 11-17) #3. RE: Setting the date of August 23, 2011 at 7 : 00 p.m. to accept public comment and consider an ordinance closing a portion of Edmonds Place as a public street at approximately 346 to 362 North pursuant to Petition No. PLNPCM2009-00591 . The applicant' s plan for the proposed street right-of-way is to use it as additional yard space that is currently being used as a drive approach for 362 Edmonds Place . (P 11-7) 11 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 19, 2011 #4 . RE: Confirming the date of Tuesday, August 9, 2011 at 7 : 00 p.m. to accept public comment and consider one or more ordinances adopting and ratifying the rate of tax levy, greater than the Certified Tax Rate, upon all real and personal property within Salt Lake City made taxable by law for Fiscal Year 2011-12 . (H 11-3) #5 . RE: Approving the reappointment of Lucy Cardenas to the Business Advisory Board for a term extending through December 30, 2013 . (I 11-13) #6 . RE : Approving the reappointment of Judy Reese to the Business Advisory Board for a term extending through December 29, 2014 . (I 11-13) #7 . RE: Approving the reappointment of Barbara Green to the Business Advisory Board for a term extending through December 29, 2014 . (I 11-13) The meeting adjourned at 7 : 39 p.m. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held July 19, 2011 . bj 11 - 6