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03/20/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, MARCH 20, 2003 The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, March 20, 2003, at 7:05 p.m. in Room 315, City Council Chambers, City County Building, 451 South State, Salt Lake City, Utah. The following Council Members were present: Carlton Christensen Van Turner Nancy Saxton Jill Remington Love Eric Jergensen Dave Buhler The following Councilmember was absent: Dale Lambert Mayor Ross C. "Rocky" Anderson; David Nimkin, Chief of Staff; Cindy Gust-Jenson, Council Executive Director; and Chris Meeker, Chief Deputy City Recorder; were present. Councilmember Christensen presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Jergensen moved and Councilmember Turner seconded to approve the minutes of the City Council meeting held March 11, 2003, which motion carried, all members present voted aye. (M 03-1) PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance No. 32 of 2001, which adopted the Final Biennial Budget of Salt Lake City, including the employment staffing document, for Fiscal Years 2001-2002 and 2002- 2003. (Budget Amendment #12) View Attachment ACTION: Councilmember Love moved and Councilmember Jergensen seconded to close the public hearing, which motion carried, all members present voted aye. Councilmember Buhler moved and Councilmember Jergensen seconded to Adopt Ordinance 9 of 2003 amending the fiscal year 2002-2003 budget as proposed with the following exceptions: • Do not reallocate the $700,000 in Neighborhood Olympic Legacy Project funds as noted in Initiative 10. • Reduce Council Office budget by $26,500. • Add Initiative 16, the amount of $30,000 from the CIP contingency for the purpose of advertising and to identify openings for businesses along South Temple, which motion carried, all members voted aye except Councilmember Saxton who voted nay. Councilmember Saxton moved and Councilmember Love seconded to adopt an ordinance amending the fiscal year 2002-2003 budget as proposed with following additions: to allocate $3,000 from the General Fund Balance to the City's Housing Trust Fund for housing mitigation relating to the rezoning of property at 1060 South 900 West, which motion carried, all members present voted aye except Councilmember Christensen who voted nay. Councilmember Buhler moved and Councilmember Jergensen seconded to support the Mayor's establishment of an independent commission for the purpose of reviewing the investigation of the Elizabeth Smart kidnapping and to suggest procedural improvement, if any, that might help future investigations, and further move that the commission 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, MARCH 20, 2003 not convene until after a judgment has been entered in the Mitchell-Barzee case. Upon convening, the commission might recommend to the Council any resources that may be needed to assist them in their duties, and that their request be given consideration at that time in the next scheduled budget opening, which motion carried, all members present voted aye. DISCUSSION: Councilmember Saxton asked the Council to use the $30,000 for loan purposes rather than advertising and to identify openings for business. She said the issue should be tabled and discussed at another time. Ms. Gust-Jenson said the $30,000 would be in addition to the loan program. Councilmember Saxton said it had been her experience that going through the small business loan program could take time and the business had an immediate need. Councilmember Jergensen said the funding would be used to identify that businesses on South Temple were open. Councilmember Saxton said housing mitigation was needed in Salt Lake City to save housing. She said Salt Lake City should set an example with regard to housing mitigation. Council Members Buhler and Turner supported Councilmember Saxton' s motion. Councilmember Christensen said he was concerned that this motion created a precedent. Councilmember Buhler said his intention was not to second-guess the Police Department but some questions had been raised which needed to be addressed at the appropriate time. Mr. Nimkin said the Mayor had requested funding in order to explore other similar cases where suspects were not adequately pursued. (B 03-5) #2.a. Accept public comment and consider adopting an ordinance rezoning property located at 321-331 South 500 East from Residential Office (RO) and Residential Multi- Family (RMF-35) to Residential Mixed-use (R-MU) pursuant to Petition No. 400-01-37. View Attachment b. Accept public comment and consider adopting an ordinance rezoning property located at 550-558 East 300 South from Residential Office (RO) to Residential Mixed-use (R-MU) pursuant to Petition No. 400-01-37. C. Accept public comment and consider adopting an ordinance rezoning property located at 326-348 South 600 East from Residential Multi-Family (RMF-35) to Residential Mixed-use (R-MU) pursuant to Petition No. 400-01-37. ACTION: Councilmember Saxton moved and Councilmember Love seconded to adopt Ordinance 10 of 2003, Ordinance 11 of 2003 and Ordinance 12 of 2003, rezoning properties located between 300/400 South and 500/600 East as recommended by the Planning Commission with exception of the 45 foot height allowance on the 600 East portion, which motion carried, all members present voted aye. DISCUSSION: Ken Holman, President of Overland Development spoke in favor of rezoning. The following citizens spoke against rezoning: Thomas, Anna Archuleta, Chair of the Central City Neighborhood Council also submitted a letter (see file P 03-6) from the Neighborhood Council, Lois Brown and David Berg, Co-Chair of Central City Neighborhood Council. Mr. Holman asked if the word commercial meant specifically retail on the ground level or if it prohibited any other uses of the building as it went up to six stories. 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, MARCH 20, 2003 Councilmember Christensen said the motion allowed commercial use as previously recommended by the Planning Commission. Mr. Holman said the residents concern was that the 300 South phase of the project not become commercial development. He said the 300 South phase was a housing development and any retail would be minimal and on the ground level. He said he understood the height restriction on 600 East was 45 feet. Councilmember Saxton said it was disturbing to allow commercial development on 300 South rather than 400 South. She said she was encouraged because it was a good example of mixed-use development. She said it was important to understand the neighborhoods frustration over losing valuable housing stock. She said she was committed to change the City's boarded housing policy to limit the time a house could be boarded. She said owners needed to be encourage not to board. She said the rationalization was, by changing the zoning from RO to RMU would decrease the building height on 300 South. Councilmember Jergensen said he was in favor of the motion and in favor of mixed- use. He said he was concerned with the communities concern for housing. He said owner occupied housing made a difference in a community. He said it strengthened and stabilized the area and led to stabilization of the next block. Councilmember Christensen said the Council would be scheduling a meeting dedicated to housing issues on April 3, 2003 with a follow up a month later. (P 03-6) UNFINISHED BUSINESS #1. RE: Adopting a resolution authorizing Salt Lake City Corporation to accept the Boston Museum of Science award from the Salt Lake City Foundation for the Sorenson Center Computer Clubhouse Grant. (Resolution related to Budget Amendment No. 12) ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to adopt Resolution 12 of 2003, which motion carried, all members present voted aye. (C 03-131) #2. RE: Adopting a resolution authorizing Salt Lake City to enter into an interlocal cooperative agreement to become a member of the Utah Telecommunication Open Infrastructure Agency (UTOPIA) ; and to appoint a City representative to serve as a member of the UTOPIA Board of Directors. (Resolution related to Budget Amendment No. 12) ACTION: Councilmember Love moved and Councilmember Turner seconded to adopt Resolution 13 of 2003, which motion carried, all members present voted aye. (C 03-132) # 3. RE: Adopting a motion expressing the Council's approval of the proposed Neighborhood Olympic Legacy project for City Council District Six. ACTION: Councilmember Buhler moved and Councilmember Jergensen seconded, to adopt the motion, which motion carried, all members present voted aye. DISCUSSION: Councilmember Buhler said Yale Crest, Bonneville Hills, Indian Hills and "H" Rock Community Councils had endorsed the project. (See file G 03-11 for specific project information) . (G 03-11) 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH THURSDAY, MARCH 20, 2003 CONSENT AGENDA ACTION: Councilmember Turner moved and Councilmember Love seconded to adopt the Consent Agenda, which motion carried, all members present voted aye. #1. RE: Setting the date of April 15, 2003 at 7:00 p.m. to accept public and consider adopting an ordinance amending the budget for the Library Fund of Salt Lake City, Utah for fiscal year 2002-2003. (B 02-3) #2. RE: Approving the appointment of Daniel Levin to the Police Civilian Review Board for a term extending through September 6, 2004. (I 03-15) #3. RE: Approving the appointment of Paula Wolfe to the Police Civilian Review Board for a term extending through September 6, 2004. (I 03-15) #4. RE: Approving the appointment of Claudia Hope O'Grady to the Police Civilian Review Board for a term extending through September 5, 2005. (I 03-15) #5. RE: Approving the appointment of Mary Ann Villarreal to the Library Board for a term extending through June 30, 2005. (I 03-7) #6. RE: Approving the appointment of Elaine McDonald to the Golf Enterprise Fund Advisory Board for a term extending through July 17, 2006. (I 03-18) #7. RE: Specifying the correct term dates for the appointment of Richard Howa to the Airport Board, for a term beginning March 4, 2003 and ending January 15, 2007. (I 03-14) #8. RE: Approving the appointment of Mark Garfield to the Transportation Advisory Board for a term extending through September 26, 2005. (I 03-17) The meeting adjourned at 7:59 p.m. cm 03 - 4