03/22/2011 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22 , 2011
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, March 22, 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
Luke Garrott Soren Simonsen J T Martin
Jill Remington Love
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff;
and Beverly Jones, Deputy City Recorder; were present.
Councilmember Love presided at and conducted the meeting.
OPENING CEREMONY
#1 . 7 : 04 : 47 PM The Council led the Pledge of Allegiance.
Councilmember Love said Scout Troops #524 and #687 were in the
audience . She said one scout member would lead the Pledge of
Allegiance . She had the troops stand and introduce their selves .
#2 . 7 : 06: 18 PM Former Councilmember Dave Buhler addressed the
Council to encourage donations to Matsumoto City, a Sister City for
over 50 years, to assist with rebuilding after the devastation in
Japan. Several have voiced interests in reciprocating the generosity
of Matsumoto, who made a donation to New York City, through our Sister
City relationship, following the 9/11 attacks .
#3. 7 : 15:55 PM Councilmember Garrott moved and Councilmember
Turner seconded to approve the Salt Lake City Council minutes for
March 1 and March 8 , 2011, which motion carried, all members voted
aye . View Attachments
(M 11-3)
PUBLIC HEARING
#1 . RE : 7 : 16: 12 PM Accept public comment and consider adopting an
ordinance amending Chapter 2 . 44, Salt Lake City Code, relating to
Conflict of Interest, also referred to as the "Ethics Ordinance" .
This ordinance establishes standards of conduct for Salt Lake City
municipal officers, elected officials, employees, suppliers, service
providers and individuals who serve on committees, agencies and boards
and commissions . The ordinance specifies prohibition relating to
certain actions and gifts and require that actual or potential
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22 , 2011
conflicts of interest are disclosed when public duties and personal
interest overlap. View Attachments
Councilmember Christensen moved and Councilmember Turner
seconded to close the public hearing, which motion carried, all
members voted aye .
Councilmember Christensen moved and Councilmember Penfold
seconded to adopt Ordinance 11 of 2011, which motion carried, all
members voted aye .
(0 07-2)
#2 . RE: 7 : 18 : 52 PM Accept public comment regarding an ordinance
relating to the proposed Public Safety Building, amending the text of
Section 21A. 32 . 140, Salt Lake City Code, pertaining to communication
towers in the Public Lands zoning districts and amending the zoning
map to rezone a portion of the land bounded by 400 South and 500 South
Streets and 300 East and 400 East Streets from Transit Corridor (TC-
75) , Residential Mixed-Use (R-MU) and Residential/Office (RO) to
Transit Corridor (TC-75) and Public Lands (PL-2) pursuant to Petition
No. PLNPCM2009-01424 . (Related provisions of Title 21A - Zoning, may
also be amended as part of this petition. ) View Attachments
Tom Mutter, Central City Neighborhood Community Council Chair,
read comments from the Community Council concerning the communication
tower.
Councilmember Garrott moved and Councilmember Penfold seconded to
close the public hearing, which motion carried, all members voted aye.
Councilmember Love said this item would be referred to a future
meeting.
(0 11-4)
#3. 7 :25 : 29 PM RE: Accept public comment regarding an
appropriation resolution adopting the One-Year Annual Action Plan for
2011-2012 that includes Community Development Block Grant (CDBG)
funding, Home Investment Partnerships Program (HOME) funding,
Emergency Shelter Grant (ESG) funding and Housing Opportunities for
Person with AIDS (HOPWA) funding and approving an interlcoal
cooperation agreement between Salt Lake City and the U.S. Department
of Housing and Urban Development (HUD) . View Attachments
Roger Borgenicht spoke in support of funding for ASSIST; Darin
Brush spoke in support of funding for Community Development
Corporation (CDC) and affordable housing; Billy Palmer and Rob
Pedersen spoke in support of funding for NeighborWorks Salt Lake; Kyle
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22, 2011
LaMalfa and Jeff Salt spoke in support of funding for CDBG Parks
(Jordan Park defined activity areas) and ADA (Riverside Access
Study/Alzheimer Park) ; and Mahina Tuaone-Folay, Ifa Motuliki, Randy
Sorensen, Melaia Blake, Ariana Otukolo, ; Lesieli Folau, Sosaia Lutui
and Eliot Sykes spoke in support of funding for construction of a
Glendale Tennis Complex restroom.
Jamaal Hamid of the Refugee and Immigration Center, spoke in
support of funding for the Asian Association; Michele Beckstrand and
Allison Barclay spoke in support of funding for Big Brothers Big
Sisters school-based mentoring programs and building improvements;
Kathryn Brussard spoke in support of funding for Catholic Community
Services programs; Danny Jasperson, Sharon Abegellen, Keri Schwab and
Genevieve Campbell spoke in support of funding for the Community
Action Plan (CAP) programs/CDBG Building improvements; and Dexter
Pearce spoke in support of funding for Community Health Centers .
Stephanie Jensen, Executive Director of Salt Lake Donated Dental
Services, spoke in support of funding for Salt Lake Donated Dental;
Cathy Barnheartt spoke in support of funding for the English Skills
Learning Center; Mariah Griffith spoke in support of funding for the
Family Support Center; Stewart Ralphs spoke in support of funding for
the Legal Aid Society; Kathleen Zeitlin, Enrique Arce-Larreta, Jonah
Bolton, Tauna Latu and Desi Alires spoke in support of funding for
Peer Court; and Heather Stringfellow spoke in support of funding for
the Rape Recovery Center.
Celeste Eggert spoke in support of funding for Road Home; Jacelyn
Romano spoke in support of funding for the Utah Health & Human Rights
project; Claire Uno spoke in support of funding for Wasatch Community
Gardens; Jennifer Hyvonen spoke in support of funding for the Wasatch
Homeless Health Care (4th Street Clinic) ; Marsha Prantil spoke in
support of funding for the YMCA; Pam Boede spoke in support of funding
for YWCA; and Stephanie Mackay spoke in support of funding for
Columbus Community Center.
Michael Westore, Director of Duel Immersion Academy, and Jeremy
King spoke in support of funding for the Duel Immersion Academy
building improvements; Kali Mower spoke in support of Odyssey House
Building improvements; and Staci Stephens spoke in support of funding
for Valley Mental Health and Safe Haven.
The following submitted cards but did not wish to speak: Zachary
Bale in support of Volunteers of America and Laura Findley in support
of the Housing Authority of the County of Salt Lake.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22 , 2011
Councilmember Simonsen moved and Councilmember Christensen
seconded to close the hearing, which motion carried, all members voted
aye except Councilmember Martin who voted nay.
(T 11-1)
POTENTIAL ACTION ITEMS
#1 . RE : 8 :53:30 PM Adopting an ordinance proposing revisions to
the zoning regulations Intent Statement for the commercial zoning
districts and revisions to the purpose statements for Residential,
Commercial, Manufacturing, Downtown, Gateway and Special Purpose
zoning districts pursuant to Petition No . PLNPCM2009-00173 . (Related
provisions of Title 21A, Zoning, may also be amended as part of this
petition:
• Remove contradictory statements;
• Ensure that each zoning district provides direction in
implementing adopted master plan policies;
• Ensure consistency with the general purpose and intent of
the Zoning ordinance and the goals of each zoning
classification;
• Strengthen the role that master plans play in administration
of the zoning ordinance; and
• Improve decision making processes .
(Mayor Ralph Becker - Zoning Purpose Statements) View Attachments
Councilmember Garrott moved and Councilmember Penfold seconded to
adopt Ordinance 12 of 2011, which motion carried, all members voted
aye .
(0 11-2)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 8 : 54 : 14 PM
Councilmember Christensen said one year from today the new City
Creek Center would open. He said there was a new countdown clock on
South Temple . He said he hoped by working with downtown merchants and
the Downtown Alliance the Administration could take advantage of the
opening.
COMMENTS TO THE CITY COUNCIL 8 : 56 : 00 PM
Clotilde Houchon spoke on government transparency. She referred
to a packet she had provided to the Council . See file M 11-1 for
information. Linda Petersen, Chair of the Utah Foundation for Open
Government, said she wanted to respectively request Mayor Becker and
his Administration to rescind the Administrative Rule which stated the
City did not grant fee waivers .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22 , 2011
Douglas Cotant asked the Council to move "Comments to the City
Council" before the public hearings on the agenda. He said he did not
know why the Governor signed House Bill 477 because it automatically
closed access to State records . Jeff Salt spoke on open government and
access to public records . He said it was time to repeal the policy
former Mayor Rocky Anderson adopted in 2005 to deny all fee waivers
and restrict public access to records . Eric Harvey said excessive
fees for information could limit access . He said transparency was
needed in government.
Mayor Becker said the Administration and the Council had
aggressively pursued open and transparent government . He said the
policy questioned related to whether under certain circumstances the
cost of providing copies of records should be charged. He said he
would continue the efforts of Salt Lake City as it related to Open
Government and transparency regardless of what the legislature might
do to restrict access to records at the State level .
Councilmember Garrott asked about the fact that charging might
exclude people with limited incomes . Mayor Becker said in his mind
they should always weigh in favor of providing access to public
records . He said when people made a broad request they tried to work
with them to refine the request so it did not pose an undue burden and
cost on taxpayers . He said it was important for the City to consider
and work with those making the requests .
Councilmember Simonsen said there would be instances when the
City needed to charge people for records . He said that decision was
made after a lot of careful deliberation by the City as a whole .
Edwin Rutan, City Attorney, said both City Code and State statute
permitted the City to pursue an appeal to District Court.
Councilmember Sorensen said it would be useful to understand how much
the City spent initiating the lawsuit against providing records . He
said he felt the amount of money spent fighting the fee waiver well
exceeded the cost of the documents would have been to provide in the
first place . He asked if it would be possible to see a cost
breakdown.
Councilmember Garrott said tax money was not going to open access
for people who could not afford to get copies of public documents .
Councilmember Love said government could come to a standstill because
of one citizen' s request . She said the City did make an effort to
work with whoever was making the request but they would not always be
able to satisfy a request.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22, 2011
Councilmember Martin said this discussion had been going on
before House Bill 477 . He said a person could have records but not
shut down government for their own personal requirements .
NEW BUSINESS
#1 . RE: 9 : 19 :26 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 Elections' Division) regarding the County providing election
assistance services to the City. View Attachments
Councilmember Garrott moved and Councilmember Simonsen seconded
to suspend the rules and adopt Resolution 10 of 2011 , which motion
carried, all members voted aye .
(C 11-136)
UNFINISHED BUSINESS
#1 . RE: 9 : 19 : 54 PM Adopting a resolution authorizing the approval
of an interlocal cooperation agreement between Salt Lake City
Corporation and the Utah Department of Transportation (1300 South
Viaduct Rehabilitation) . View Attachments
Councilmember Penfold moved and Councilmember Turner seconded to
adopt Resolution 11 of 2011 with the understanding that the
Administration come back to the Council throughout the design process
to report on the various design and cost options for varying levels of
seismic upgrades, full and partial, as well as design and cost options
for the full replacement of the bridge.
Councilmember Penfold said it was important to consider all
options including a full seismic upgrade . He said he was hopeful the
Administration would take this opportunity to look at seismic upgrades
to a level sufficient to survive the expected earthquake event along
the Wasatch Front .
Councilmember Turner said the Council should consider full
replacement and the neighborhood wanted to see it done in one piece .
Councilmember Love said she supported the motion because they all
agreed it was important to get the resolution and interlocal signed so
the City could move ahead.
Councilmember Love called for the question, which motion carried,
all members voted aye .
(C 11-137)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22 , 2011
#2 . RE: 9:22 : 38 PM Adopting a resolution authorizing the approval
of an interlocal cooperation agreement between Salt Lake City
Corporation and the Utah Department of Transportation (sidewalk
construction between UDOT and SLC Corporation regarding SR-171 (3300
South) , 1100 East to 1200 East, north side) . View Attachments
Councilmember Christensen moved and Councilmember Simonsen
seconded to adopt Resolution 12 of 2011, which motion carried, all
members voted aye .
(C 11-138)
#3 . RE: 9 :23 : 05 PM Adopting a resolution authorizing the approval
of an interlocal cooperation agreement between Salt Lake City
Corporation and the Utah Department of Transportation (sidewalk
construction between UDOT and SLC Corporation regarding SR-68 (Redwood
Road) , north of 400 South, east side) . View Attachments
Councilmember Turner moved and Councilmember Penfold seconded to
adopt Resolution 13 of 2011, which motion carried, all members voted
aye .
(C 11-139)
#4 . RE: 9 :24 : 12 PM Adopting a resolution authorizing the approval
of an interlocal cooperation agreement between Salt Lake County, Utah
and Salt Lake City Corporation ratifying actions previously taken.
(The resolution will grant the Mayor authority to enter into the
agreements for the Sugar House Draw project contingent on final plat
approval . The agreements secure trail access from Sugar House Park,
under 1300 East and into Hidden Hollow Open Space . ) View Attachments
Councilmember Simonsen moved and Councilmember Garrott seconded
to adopt Resolution 14 of 2011, which motion carried, all members
voted aye .
(C 11-140)
#5. RE: 9:25: 16 PM Adopting a joint resolution recognizing Salt
Lake City' s existing relationship with the American Federation of
State, County and Municipal Employees, Local 1004, AFL-CIO (AFSCME) ;
the International Association of Firefighters, Local 1645, AFL-CIO
(IAFF) ; and the Salt Lake Police Association, International Union of
Police Associations, Local 75, AFL-CIO (SLPA) , authorizing the
continuation of those relationships, recognizing the role collective
bargaining plays in those relationships and establishing the
guidelines for collective bargaining. View Attachments
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22 , 2011
Councilmember Garrott moved and Councilmember Christensen
seconded to adopt Resolution 15 of 2011, which motion carried, all
members voted aye .
(R 11-4)
#6. RE: 9:25:39 PM Adopting a clarifying motion relating to
authorized expenses in Item A-15, (Barnes Bank bond proceeds) of
Budget Amendment No. 3 for Fiscal Year 2010-2011, specify use of
$3, 473, 000 toward renovations in City-owned Plaza 349 and the balance
of bond money to be determined at a later date . View Attachments
Councilmember Christensen moved and Councilmember Simonsen
seconded to adopt a clarifying motion relating to the authorization of
expenses in Item A-15, Barnes Bank Bond proceeds of Budget Amendment
No. 3 for Fiscal Year 2010-2011 and specify the use of $3,473,000
toward renovation in the City-owned Plaza 349 and the balance of the
bond money to be determined at a later date, which motion carried, all
members voted aye .
(B 11-4)
CONSENT AGENDA 9 :26 : 48 PM
Councilmember Garrott moved and Councilmember Simonsen seconded
to approve the Consent Agenda, which motion carried, all members voted
aye .
#1 . RE: Setting the date of April 5, 2011 at 7 : 00 p.m. to accept
public comment regarding an ordinance to update and provide clarity to
the City' s zoning regulations pursuant to Petition No. PLNPCM2010-
00064 . (Related provisions of Title 21A - Zoning, may also be amended
as part of this petition. ) The proposed changes include:
• Allowing an accessory structure in the side yard behind the
primary structure.
• Removing the proper names "Delta Center" and "Franklin Quest
Baseball Stadium" from the sign regulations and adding the
terms "sports arena", "sports stadium" and the address of
the facilities .
• Clarifying the definition of a Fraternity and Sorority to
read "a building which is occupied only by a group of
university or college students who receive lodging and/or
meals on the premises in exchange for compensation, and are
associated together in a fraternity/sorority that is
officially recognized by the university or college, and that
has a national affiliation.
• Providing a definition for a pitched roof.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22, 2011
• Removing the outdated summary of yard area and size
requirements for the zoning districts .
(Mayor Ralph Becker - Zoning Code Maintenance) .
(P 11-4)
#2 . RE: Setting the date of April 5, 2011 at 7 : 00 p.m. to accept
public comment regarding an ordinance to rezone properties located at
approximately 1260, 1274, 1282 , 1292 and 1306 North Redwood Road from
Single-Family Residential (R-1/7000) to Open Space (OS) pursuant to
Petition No . PLNPCM2010-00328 . (Petitioner - Mayor Ralph Becker (Rose
Park Golf Course driving range expansion) ) .
(P 11-3)
#3 . RE: Setting the date of April 5, 2011 at 7 : 00 p.m. to accept
public comment regarding an ordinance to rezone properties located at
approximately 1374 and 1380 South West Temple Street from Residential
Business (RB) to Residential Mixed Use (R-MU) pursuant to Petition No.
PLNPCM2010-00549 . This would allow the property to be redeveloped with
a mix of uses including, but not limited to, a restaurant, offices and
residential units . (Petitioner Sattar Tabriz, SNT Enterprises)
(P 11-2)
#4 . RE: Setting the date of April 5, 2011 at 7 : 00 p.m. to accept
public comment regarding an ordinance changing the City' s zoning
regulations to prohibit electronic billboards and regulate changing
existing billboards to an electronic format pursuant to Petition No.
PLNPCM2010-000717 . (Related provision of Title 21A, Zoning, may also
be amended as part of this petition, Mayor Ralph Becker) .
(0 11-7)
#5 . RE: Setting the date of April 5, 2011 at 7 : 00 p.m. to accept
public comment regarding proposed changes to the City' s zoning
regulations relating to greenhouses , cold frames and hoop houses for
gardening and small solar and wind energy systems (e.g. solar panels
and wind turbines) pursuant to Petition No. PLNPCM2010-01338 . (Related
provisions of Title 21A, Zoning, may also be amended as part of this
petition. Petitioner Mayor Ralph Becker)
(0 11-5)
#6 . RE: Setting the date of April 5, 2011 at 7 : 00 p.m. to accept
public comment regarding proposed changes to the City' s zoning
regulations relating to urban farms, community gardens, seasonal farm
stands and large renewable energy generation equipment (e .g. solar
arrays and large wind turbines or windmills) pursuant to Petition No .
PLNPCM2010-01337 . (Petitioner Mayor Ralph Becker - Sustainable City
Code Initiative) .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MARCH 22 , 2011
(0 11-6)
#7 . RE: Adopting Ordinance 10 of 2011, approving an assessment
list and levying an annual assessment upon property in Salt Lake City,
Utah Lighting District No. 3, now known as L03 (District L03) ;
establishing the effective date of the 2011 assessment ordinance;
providing for a procedure to contest an assessment; and related
matters . View Attachments
(Q 11-1)
The meeting adjourned at 9 : 26 p.m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
March 22, 2011 .
bj
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