11/18/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 18 , 2003
The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November
18, 2003 at 7:00 p.m. in Room 326, City Council Chambers, City County Building, 451
South State.
The following Council Members were present:
Carlton Christensen Van Turner Eric Jergensen
Jill Remington Love Nancy Saxton Dave Buhler
Dale Lambert
Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Executive Council Director;
Edwin Rutan, City Attorney; and Beverly Jones, Deputy City Recorder, were present.
Councilmember Christensen presided at and Councilmember Jergensen conducted the
meeting.
#1. The Council led the Pledge of Allegiance.
#2. The Board of Canvassers adopted the minutes of the meetings at 12:15 and
7:00 p.m. on November 10, 2003.
Councilmember Saxton moved and Councilmember Turner seconded to recess as the City
Council, which motion carried, all members voted aye.
Councilmember Saxton moved and Councilmember Turner seconded to convene with the Mayor
as the Board of Canvassers, which motion carried, all members voted aye.
Councilmember Christensen moved and Councilmember Saxton seconded to approve the
minutes of the meetings held on November 10, 2003 at 12:15 p.m. and 7:00 p.m. , which
motion carried, all members voted aye.
Councilmember Saxton said some voting precincts had been combined during the election.
She said when combined both precincts dropped their ballots in the same ballot box.
She said when candidates wanted a breakout of votes, it was not available because of
the combined districts. She suggested Council send a directive to County Elections
asking that two ballot boxes be provided so the combined precincts could drop their
votes in the proper precinct box. She said that way statistics and information could
be disseminated. Councilmember Christensen said the County could calculate that
information based on the number of registered voters in the joint precinct.
Councilmember Saxton said the information would not be accurate.
Cindy Gust-Jenson said staff could follow-up with the Administration. She said the
City had a contract with County Elections. She said they could obtain more detailed
information. Councilmember Saxton said the City made a decision to combine districts
because it reduced election costs. Mayor Anderson said he would make an inquiry and
get back to the Council.
Councilmember Saxton moved and Councilmember Love seconded to adjourn as the Board of
Canvassers, which motion carried, all members voted aye.
Councilmember Saxton moved and Councilmember Love seconded to reconvene as the City
Council, which motion carried, all members voted aye.
(U 03-2)
#3. The Governing Body will adopt the minutes of the meetings at 12:15 and 7 :00
p.m. on November 10, 2003.
03 - 1
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 18 , 2003
Councilmember Buhler moved and Councilmember Turner seconded to recess as the
City Council, which motion carried, all members voted aye.
Councilmember Christensen moved and Councilmember Saxton seconded to convene
with the Mayor as the Governing Body, which motion carried, all members voted aye.
Councilmember Saxton moved and Mayor Anderson seconded to adopt the minutes of
the meetings on November 10, 2003 at 12: 15 p.m. and 7:00 p.m. , which motion carried,
all members voted aye.
Councilmember Saxton moved and Councilmember Turner seconded with the Mayor to
adjourn as the Governing Body, which motion carried, all members voted aye.
Councilmember Saxton moved and Councilmember Love seconded to reconvene as the
City Council, which motion carried, all members voted aye.
(U 03-2)
#4. Councilmember Love moved and Councilmember Turner seconded to approve the
minutes of City Council meetings held November 4, 2003 and November 10, 2003 at 7:00
p.m. , which motion carried, all members voted aye.
(M 03-1)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance amending the
Salt Lake City Code concerning the Land Use Appeals Board, Section 21A.06.080 (c) that
governs decision making bodies and officials, specifically the number of voting members
on the Land Use Appeals Board and compensation.
Cindy Cromer spoke in support of the proposed ordinance.
Councilmember Turner moved and Councilmember Christensen seconded to close the
public hearing, which motion carried, all members voted aye.
Councilmember Lambert moved and Councilmember Turner seconded to adopt Ordinance
77 of 2003, which motion carried, all members voted aye.
(0 98-20)
#2. RE: Accept public comment and consider adopting an ordinance amending the
Salt Lake City Code to allow for portable signs in certain zoning districts pursuant
to Petition No. 400-03-26. View Attachment
The following people spoke or submitted hearing cards in support of portable
signs in the downtown area: Richard Wirick; Pam O'Mara; and Fred Moesinnor.
The following people spoke or submitted hearing cards in opposition to portable
signs in the downtown area: Cindy Cromer and Tom McCreary.
Councilmember Saxton moved and Councilmember Turner seconded to close the public
hearing, which motion carried, all members voted aye.
Councilmember Love moved and Councilmember Christensen seconded to adopt
Ordinance 78 of 2003 amending the zoning ordinance sign chapter relating to signage
and sign standards for portable signs in certain zoning districts with changes
recommended by the City Council Exhibit C including attended portable sign language,
03 - 2
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 18 , 2003
a sunset date of November 30, 2004 and a reenactment of previous regulations on December
1, 2004, reducing the maximum size of the signs to 2-feet in width and 3-feet in
height, and removing the hours that signs may be displayed, which motion carried, all
members voted aye except Councilmember Turner who voted nay.
A friendly amendment was proposed by Councilmember Saxton and seconded by
Councilmember Christensen to amend the motion to read unobstructed sidewalk space must
be at least 6-feet in all areas, which motion carried, Council Members Christensen,
Saxton, Love and Jergensen voted aye and Council Members Turner, Lambert and Buhler
voted nay.
Councilmember Buhler spoke against the amendment. He said he felt the City was doing
very little to help businesses. Councilmember Saxton said instead of requiring six-
feet in the downtown area and 4-feet throughout the rest of the City, the Council could
maintain the six-foot requirement. She said there were federal standards for size and
widths of sidewalks for people with limitations. She said 4-feet was not wide enough
for a sidewalk and obstacles should not be allowed. She said her amendment would only
allow portable signs where the sidewalk was 6-feet or greater. Council Members Love
and Christensen said they would accept the friendly amendment.
Councilmember Buhler moved and Councilmember Lambert seconded to adopt an
ordinance amending the zoning ordinance sign chapter relating to signs and sign
standards for portable signs in certain zoning districts with changes recommended by
the City Council Exhibit B including a sunset date of November 3, 2004 and reenactment
of previous regulations on December 1, 2004; reducing the maximum size of the sign to
2-feet in width and 3-feet in height, which motion failed, Council Members Christensen,
Turner, Jergensen, Saxton and Love voted nay and Council Members Buhler and Lambert
voted aye.
Councilmember Buhler said his motion did not restrict signs to 6-foot sidewalks
and signs would not be attended. He said his motion would continue the City's current
practice for another year with the exception of reducing the sign size allowed to 2-
feet in width and 3-feet in height.
Councilmember Lambert said Councilmember Love' s motion removed the hours a sign
could be displayed. He said there was a strong public reason to have the signs removed
every night. He asked about attended portable sign language. Councilmember Love said
an attended sign would reduce clutter because someone was attending the sign at all
times.
Councilmember Buhler said the City' s experiment with portable signs had been
successful. He said businesses in the commercial zones needed assistance. He said
the inconvenience of having to step around a sign was much less than the value to the
business of being able to attract more customers.
Councilmember Christensen said he would vote against the substitute motion. He
said he shared many of the same concerns that Councilmember Love had voiced. He said
it was easier to keep something under control than to bring something back under
control.
Councilmember Saxton said she would also vote against the substitute motion. She
said she did not have much trust in enforcement so she felt it was important for signs
to be manned. She said it was irresponsible to allow as many signs as a business
wanted to put up.
Councilmember Lambert said an attended portable sign was attended by a person
03 - 3
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 18 , 2003
either 25-feet away or on the first floor of a building whose front entrance was within
25-feet of the sign. He said he did not feel it was realistic that an employee from
one business would allow someone from another business to place a sign. He said if
the Council was passing the ordinance to help businesses then it should not be so
restrictive. He said he agreed with the amendment suggested by Councilmember Buhler.
A friendly amendment was proposed by Councilmember Lambert and seconded by
Councilmember Buhler to put the hours 8:00 a.m. to 11:00 p.m. back in the ordinance,
which motion failed, Council Members Turner, Saxton, Jergensen and Christensen voted
nay and Council Members Lambert, Love and Buhler voted aye.
Councilmember Saxton said there was no enforcement when the City went home unless
the Council empowered police officers to enforce the proposed ordinance. Councilmember
Turner said he was against the proposed sign ordinance. He said he agreed with the
downtown merchants that signs helped but when it was put Citywide through commercial
areas it was the wrong thing to do.
(0 03-8)
#3. RE: Accept public comment and consider adopting a resolution with respect to the
creation of the Salt Lake City, Utah Central Business Improvement District No. DA-
CBID-03 by the Issuer to continue to promote business activity and economic development
in an area of central downtown Salt Lake City, by assessing benefited properties within
the District for the costs for such economic promotion activities for a period of three
years; and to negotiate a contract with the Downtown Alliance to manage the District.
Benjamin Lawrence spoke in support of the resolution.
Councilmember Turner moved and Councilmember Saxton seconded to close the public
hearing, which motion carried, all members voted aye.
(Q 03-7)
#4. RE: Accept public comment and consider adopting an ordinance rezoning a portion of
property located at approximately 1665 East Kensington Avenue from Open Space to
Residential pursuant to Petition No. 400-02-35. View Attachment
The following people spoke or submitted hearing cards in support of the rezoning: Carl
Erickson; David Broadbent; Cindy Cromer; Forest Hansen; Randy Green; Doug Cannon;
Daniel Jensen; Jill Pohlman; Gregg Morrow; Dean Martin; Gene Carr; Ron Molen; Christine
Madsen; Joseph Knowlton; Kathy Knowlton; Douglas Pehrson; Michael Bradley; G. LaMont
Richards; Spencer Glende; Joe Taylor; Stephen Moffat; Jason Perry; Laura Hadley; Bob
Fisher; Scott Nielsen; Tim Cunningham; Dave Erickson; and Marilyn Jones.
The following people spoke or submitted hearing cards in opposition to the rezoning:
Bruce Baird; Anne Cannon; Jessica Beck; Amy Geroso; Beth Bowman; Dan Duggleby; Helen
Peters; Su Armitage; Kent Alderman; Tim Komlos; Karen McCreary; Elizabeth Bowman;
Harmony Hofstetter; Amy Thorpe; Morris Neilson; Spencer Nichols; and Stuart Howe.
Councilmember Buhler moved and Councilmember Saxton seconded to close the public
hearing and refer this issue to the next meeting, which motion carried, all members
voted aye.
(P 03-23)
COMMENTS TO THE MAYOR FROM THE CITY COUNCIL
Councilmember Turner said he took a field trip to Fulton Line where City Creek
would be brought above grade and opened up. He said this was a large project and
03 - 4
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 18 , 2003
included Grant Tower. He thanked the Mayor for his help in getting the Grant Tower/900
South tracks to interact. Mayor Anderson said this project would be good for the
entire area.
Councilmember Jergensen asked Mayor Anderson if he had met with the Governor' s
Office regarding movement of nuclear waste. He said in July of 2002, the Council
submitted a resolution regarding Yucca Mountain. He said the City could consider a
similar resolution requesting the congressional delegation and President to reconsider
moving high lethal active waste through Salt Lake City.
Mayor Anderson said he reviewed the joint resolution on Yucca Mountain to see if
it had any applicability to the present situation before Congress to move radioactive
waste. He said he did not see much applicability in the resolution. He said it was
a distressing situation and one the Council should weigh in on. He said he sent to 535
members of Congress a letter expressing the City's concern. He said the letter
recommended that instead of taking advantage of the support for the appropriations
bill as a whole, this controversial and significant matter should be considered on its
own merits in a separate bill.
COMMENTS TO THE CITY COUNCIL
Bob Fisher spoke about panhandling in the Sugar House area.
Richard Wirick said he was on the City Business Board. He spoke on creating a
unified effort to revitalize downtown.
Timothy Greenwood spoke about loitering and homelessness downtown.
Niki Allison said she wanted to encourage bicycle transportation with more
dedicated bike routes and racks downtown.
Michelle Doherty spoke about homelessness and the low-income housing crisis in Salt
Lake City.
Katrina Mustoe spoke about revitalization and housing growth in the downtown
area.
Richard Moore spoke about extending the collection of recyclable material to
condominiums and office buildings.
Eric Cook spoke about homelessness.
Dave Abraham spoke about Pioneer Park improvements.
Tom McCreary spoke about illegal signage at the 900 East and 900 South intersection.
UNFINISHED BUSINESS
#1. RE: Adopting a resolution authorizing a loan from Salt Lake City's Housing
Trust Fund to the Housing Authority for the refinancing of the Jefferson Circle Section
8 preservation project located at 1750 South Jefferson Circle. View Attachment
Councilmember Turner moved and Councilmember Saxton seconded to adopt Resolution 55 of
2003, which motion carried, all members voted aye.
(R 03-12)
03 - 5
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 18 , 2003
#2. RE: Adopting a resolution authorizing a loan from Salt Lake City's Housing
Trust Fund to the Jefferson School Apartments II project located at 1031 South West
Temple. View Attachment
Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution
56 of 2003, which motion carried, all members voted aye.
(R 03-13)
#3. RE: Adopting an ordinance amending and restating Assessment Ordinance 56 of
2003 amending the assessment list and assessment allocation schedule and reaffirming
the levy of an assessment against certain properties in Salt Lake City, Utah Railyard
Special Improvement District, for the purpose of paying the costs of improvements on
certain streets and public rights of way in Salt Lake City, Utah and completing any
miscellaneous work necessary to complete the improvements in a proper and workmanlike
manner; reaffirming the method and rate of assessments; eliminating the assessment
prepayment requirement; reaffirming the determination of the interest payable on all
unpaid assessments; reaffirming the establishment of a debt service reserve fund;
reaffirming the remedies upon default in the payment of assessments; making certain
findings with respect to the swap agreement; revising the initial assessment payment
and calculation dates; establishing the effective date of this assessment ordinance;
and related matters. View Attachment
Councilmember Christensen moved and Councilmember Turner seconded to adopt
Ordinance 76 of 2003, which motion carried, all members voted aye.
(Q 99-11)
CONSENT AGENDA
#1. RE: Consider requesting that the Administration hold a hearing regarding a
request to lease a portion of a building owned by the City located at 410-450 North
Wright Brothers Drive in the International Center.
Councilmember Saxton moved and Councilmember Turner seconded to approve the
Consent Agenda, which motion carried, all members voted aye.
(W 03-65)
The meeting adjourned at 9:34 p.m.
bj
03 - 6