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11/05/2002 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 5, 2002 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 5, 2002, 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 Eric Jergensen Jill Remington Love Nancy Saxton Dave Buhler Dale Lambert Rocky Fluhart, Chief Administrative Officer; Cindy Gust-Jenson, Executive Council Director; Michael Sears, Council Budget and Policy Analyst; Steven Allred, Acting City Attorney; and Scott Crandall, Deputy City Recorder were present. Councilmember Buhler presided at and Councilmember Lambert conducted the meeting. #1. The Council led the Pledge of Allegiance. #2. Councilmember Buhler moved and Councilmember Turner seconded to approve the minutes of Salt Lake City Council meetings held October 15, 2002 and October 17, 2002, which motion carried, all members voted aye. (M 02-1) QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL Councilmember Christensen said a spill occurred on 900 West. He said the street was closed and asked if Mr. Fluhart had information about what had spilled and when the clean-up would be finished. Mr. Fluhart said the substance was a deicing chemical. He said based on the concentration, the chemical was icing up, which was opposite to what it was supposed to do. He said the company which caused the spill, was taking full responsibility. He said they brought in consultants to help with containment and clean up. He said they were still working on the clean-up and he did not know when it would be done. COMMENTS TO THE CITY COUNCIL Randell Gardner and Aaron Titus, Salt Lake City, spoke concerning the new library. Comments included retail space restrictions, providing food and beverages, study areas, preventing strip mall development, creating an informal setting, and encouraging participation from local businesses and non-profit organizations. Bryce Jolley, Salt Lake City, spoke about his Fourth of July show and issues relating to the Main Street easement with the Church of Jesus Christ of Latter-Day Saints. He said the easement was a difficult issue and hoped it could be resolved for the betterment of downtown. He said he produced a Fourth of July show because he wanted something good for the City. He said he was not receiving support from the City. He said without support the show would have to be moved to West Valley. The following people spoke or submitted written comments regarding the Main Street easement: Douglas Grant, Charles Bytheway, Donna Busath, Kurt Van Gorden, Cindy Van Gorden, Gary Gabrielson, Brent Ward, Mark Garfield, Brent Hardy, and Gail Garfield, Salt Lake City. Comments included relinquishing the easement, free speech, the right to prevent uses, pedestrian passage, development costs, City parks, time, place and manner restrictions, honoring agreement, offensive behavior, literature distribution, political issues, tourism, foul language, picketing, downtown planning, 24 hour access, demonstrations, protests, public and civil rights, preferential treatment, religious 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 5, 2002 discrimination, restricting missionary activities, Utah Gospel Mission, distinctions between missionaries and protestors, first amendment rights, Downtown Planning Association, Second Century Plan, intent of agreement, pedestrian plaza, prohibited activities, equitable solution, fairness, mutual respect, and equal community representation. Douglas Cotant, Salt Lake City, spoke concerning the need to have a voting location closer to his residence. Beverly Nelson, Salt Lake City, spoke concerning a mediation agreement between the neighborhood and Greek Row relating to fraternity and sorority activities. She said the University of Utah said they did not have time, staff, or money to implement the agreement. She said she did not know if that was true and wanted the City to address the issue. She said everyone was interpreting the ordinance differently. She said she felt the term "activities" in the ordinance caused confusion and needed to be defined. Emmy Bajayo, Jeff Bajayo, and Mary Bajayo, Salt Lake City, spoke concerning the Gallivan Center ice rink. Comments included the need to keep the skating rink open, limited activities for kids, delaying construction, holiday traditions, and creating more downtown activities. Jan Bartlett, Salt Lake City, said he felt decisions regarding Main Street and Gallivan Center were made without enough public input. He said the Hoberman Arch would not withstand 40 mph winds and the Council needed to reconsider the Salt Lake Olympic Committee' s (SLOC) proposal. He said he felt SLOC needed to provide at least a five- year guarantee against damage. He said public input was needed and the Council should reconsider the decision. PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance closing a portion of Keysor Place (445 South) between 250 East and 300 East on the Library Block, pursuant to Petition No. 400-01-65. ACTION: Councilmember Buhler moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Christensen moved and Councilmember Saxton seconded to adopt Ordinance 69 of 2002, which motion carried, all members voted aye. (P 02-12) #2. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City zoning code relating to flag lot requirements and planned development standards pursuant to Petition No. 400-01-47. ACTION: Councilmember Saxton moved and Councilmember Jergensen seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Buhler moved and Councilmember Christensen seconded to adopt Ordinance 70 of 2002, which motion carried, all members voted aye. DISCUSSION: Gayen Wharton said she chaired the land use and zoning subcommittee for the Sugarhouse Community Council. She said the community supported the proposal but were concerned about potential problems such as existing irrigation ditches. She said housing infill was needed but the City needed to consider ways to maintain healthy 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 5, 2002 neighborhoods. She said the Yalecrest Neighborhood zoning overlay needed to be completed. She said she felt the overlay would help protect the residential character of the community. She said she felt variations of the overlay could be applied to other Sugarhouse areas. Councilmember Christensen said he visited potential flag lots sites. He said he expected flag lot homes to be substandard but some homes in the Sugarhouse area were better than the originals. He said he felt the proposal would improve neighborhood compatibility. Councilmember Turner said the Glendale community had originally felt flag lots might be an improper use. He said as flag lots were developed, neighborhood feedback had been positive. He said flag lots improved the community and attracted new residents. Councilmember Lambert said he felt the proposal made improvements but still protected neighborhoods. He said he supported the motion with the understanding the Administration and Planning staff would continue to look at issues raised by the Sugarhouse Community Council with respect to flag lots and planned unit developments. (0 02-32) UNFINISHED BUSINESS #1. RE: Adopting a resolution approving the Salt Lake Valley Solid Waste Management Facility Long Term Strategic Plan. View Attachment ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to adopt Resolution 62 of 2002, with the following Legislative Intent: That the Salt Lake Valley Solid Waste Management Facility provide to the Salt Lake City Council timely updates to the Salt Lake Valley Solid Waste Management Facility Long Term Strategic Plan, and that future versions of the strategic plan include detailed goals, objectives and expansion plans for the future operation of the Solid Waste Facility. In addition, it is the Council's intent that the Salt Lake Valley Solid Waste Management Facility provide to the Salt Lake City Council: Major Goal and Program Reports, Progress Reports, Statistical Summaries and other relevant reports and publications when available, which motion carried, all members voted aye. (T 02-2) #2. RE: Adopting an ordinance rezoning property located at 669 South 1300 East from Public Lands (PL) to Institutional (I) , pursuant to Petition No. 400-01-28. View Attachment ACTION: Councilmember Saxton moved and Councilmember Jergensen seconded to adopt Ordinance 71 of 2002, contingent on the completion of the sale of the property by the Salt Lake City School District to the McGillis School, which motion carried, all members voted aye. DISCUSSION: Julia Robertson and Glenn Anderson submitted written comments in favor of the proposal. Councilmember Saxton asked if an earnest agreement or contract had been signed by McGillis School and the Salt Lake School District. Denise Goldsmith, McGillis School, said they were planning on doing that this week. Councilmember Saxton said the contingency was not meant to cast aspersions but to encourage the completion of the transaction. She said if the deal was not completed, she wanted to leave the current zoning in place and wait for another proposal. 02 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, NOVEMBER 5, 2002 Councilmember Christensen asked if the zoning created financial problems for securing the property. Ms. Goldsmith said no. (P 01-20) #3. RE: Adopting a resolution authorizing Salt Lake City to sign the interlocal cooperation agreement between Salt Lake City and Salt Lake County to provide building improvements for the Odyssey House Therapeutic Child Development Center. (Corresponding resolution for funds allocated during Budget Amendment No. 9. ) View Attachment ACTION: Councilmember Saxton moved and Councilmember Turner seconded to adopt Resolution 63 of 2002, which motion carried, all members voted aye. Councilmember Lambert was recused. DISCUSSION: Councilmember Lambert said the Director of the Odyssey House was a relative and he wanted to recuse himself. (C 02-748) CONSENT AGENDA ACTION: Councilmember Christensen moved and Councilmember Buhler seconded to approve the Consent Agenda, which motion carried, all members voted aye. #1. RE: Adopting Ordinance 72 of 2002 approving the assessment list; levying an annual assessment upon property in Salt Lake City, Utah Special Lighting District No. 2 (the "District") ; establishing the effective date of the 2002 Assessment Ordinance; and related matters. View Attachment (Q 02-7) The meeting adjourned at 8:10 p.m. sc 02 - 4