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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