11/05/2009 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 5, 2009
The City Council of Salt Lake City, Utah, met in Regular Session
on Thursday, November 5, 2009 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 Eric Jergensen Luke Garrott
Jill Remington Love Van Turner JT Martin
The following Councilmember was absent :
Soren Simonsen
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 Christensen presided at and conducted the meeting.
OPENING CEREMONY
#1 . 7:05:31PM The Council led the Pledge of Allegiance .
#2 . 7:06:15PM Councilmember Turner moved and Councilmember Garrott
seconded to approve the minutes of the Salt Lake City Council meeting
held October 20, 2009, which motion carried, all members present voted
aye . View Attachments
(M 09-3)
PUBLIC HEARINGS
#1 . 7:06:42 PM RE: Accept public comment regarding an ordinance
amending the land use designation of the Northwest Community Master
Plan Future Land Use Map for property located at approximately 356-358
North Redwood Road from Parks/Open Space to Medium Density Residential
pursuant to Petition No. 400-08-10 . (Juston Puchar, Crestview Holdings)
View Attachments
Cindy Cromer said she wanted to complement the director for
separating the Master Plan amendment from the requested rezone .
Councilmember Turner moved and Councilmember Jergensen seconded to
continue the hearing to November 17 , 2009 at the request of the
Petitioner, which motion carried, all members present voted aye .
(P 09-19)
09 - 142
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 5, 2009
#2 . 7:10:22 PM RE: Accept public comment and consider adopting an
ordinance amending Titles 18 - Building and Construction and 21A -
Zoning, Salt Lake City Code, pertaining to residential condominium
conversions pursuant to Petition No. PLNPCM2008-00409 . View
Attachments
Cindy Cromer said she was concerned about nonconforming buildings
with more units than allowed by current zoning. She said there needed
to be incentives for property owners to move these poorly constructed
buildings with no historic significance out of nonconforming status .
She said the buildings needed to meet design objectives to provide
better quality of housing for first time property owners .
Councilmember Jergensen moved and Councilmember Garrott seconded
to close the hearing and refer action to a future date, which motion
carried, all members present voted aye .
(P 09-17)
#3. 7:13:21 PM RE: Accept public comment and consider adopting an
ordinance amending Section 8 . 04 . 010, Salt Lake City Code, to add
definitions related to beekeeping and enacting Chapter 8 . 10, Salt Lake
City Code, pertaining to animal control regulations to authorize
beekeeping within the City subject to certain requirements . View
Attachments
The following spoke or submitted hearing cards in favor of
beekeeping: Jilene Whitby; Annette Hansen; James Ruff and Amy Collins .
Councilmember Love moved and Councilmember Garrott seconded to
close the hearing and refer action to a future date, which motion
carried, all members present voted aye .
(0 09-23)
#4 . 7:19:44 PM RE: Accept public comment and consider adopting an
ordinance amending Sections 8 . 08 . 010, 8 . 08 . 060 and 8 . 08 . 080 and
enacting Section 8 . 08 . 065, Salt Lake City Code, pertaining to animal
control regulations to authorize the keeping of chickens in residential
districts subject to certain requirements . View Attachments
The following spoke or submitted hearing cards in support of
chicken keeping: Shane Smith; Jonathon Krausent; James Ruff; Kevin
Bell; Brit Merrill; Claire Uno; Jael Malenke; Eileen McCabe; Amy
Spendlove; Emily Montgomery; Amy Collins and Michele Hutchins .
Councilmember Love moved and Councilmember Turner seconded to
close the hearing and refer action to a future date.
09 - 143
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 5, 2009
Councilmember Love asked staff to prepare a list of suggestions
for discussion such as setback, harvesting of chickens and a sliding
scale instead of a cap. Councilmember Turner said he agreed with
Councilmember Love . He said a setback could restrict a person' s yard
or a whole neighborhood. Councilmember Martin said he wanted to
encourage the Council to work quickly to make it possible for people to
raise chickens and bees .
Councilmember Christensen called for the question, which motion
carried, all members present voted aye .
(0 09-35)
#5 . 7:43:47 PM RE: Accept public comment and consider the
conclusions of a study performed under Utah Code, Section 10-8-2 (3) ,
and making findings regarding value and public benefit, with respect to
a donation agreement between the City and the Salt Lake City Bicycle
Collective relating to unclaimed bicycles . View Attachments
The following spoke or submitted hearing cards in favor of the
donation of bicycles : David Iltis, Chair of the Salt Lake City Mayor' s
Bicycle Advisory Committee; and Jonathan Morrison, member of the Salt
Lake City Bicycle Collective .
Councilmember Jergensen moved and Councilmember Martin seconded to
close the public hearing, which motion carried, all members present
voted aye .
Councilmember Garrott moved and Councilmember Turner seconded to
adopt Resolution 58 of 2009 with the amendment that the maximum cap of
200 bicycles per calendar year donated to Salt Lake Bicycle Collective
be increased to 400 bicycles a year with the understanding that the
Police Department has the discretion of which bicycles go and that the
collective was not obliged to accept any of those bicycles, which
motion carried, all members present voted aye .
(C 09-719)
#6 . 7:49:35 PM RE: Accept public comment and consider adopting an
ordinance amending the text of Section 21A. 32 . 140, Salt Lake City Code,
Table of Permitted and Conditional Uses, to list social clubs as a
conditional use in a Mixed Use (MU) zoning district pursuant to
Petition No . PLNPCM2009-00045 . (Jam in the Marmalade . ) View
Attachments
The following spoke or submitted hearing cards in opposition of
social clubs as a conditional use : Nephi Kemmethmueller; Minta Brandon;
Katherine Gardner; Lorelei Dolpit; Abby West and Sam Petersen.
09 - 144
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 5, 2009
The following spoke or submitted hearing cards in support of
social clubs as a conditional use : Bob McCarthy; Todd Krause; Jeff
Bair; Michael Westley; Anthony Antoccia; Brian Morris; Mitchell Talbot;
Joshua Kunz; Tiffanie Provost; Matt Templeton; Michael Paap; Josh
Burton; Michael Babbitt and Christopher Wharton.
Councilmember Jergensen moved and Councilmember Turner seconded to
close the public hearing and refer action to a future date, which
motion carried, all members present voted aye .
(P 09-18)
#7 . 8:21:37 PM RE: Accept public comment and hear public protest
to: (a) finance the cost of certain infrastructure improvements
consisting of sidewalks, pavement, curb and gutter, driveway approaches
and all other miscellaneous work necessary to complete the improvements
in a proper and workmanlike manner; (b) defray the cost and expenses of
improvements by assessments to be levied against the properties
benefited by such improvements; and (c) provide notice of intention to
designate an assessment area to authorize such improvements and to fix
a time and place for protests against such improvements or the
designation of said assessment area; and related matter. (Job No.
102154) View Attachments
The following spoke or submitted hearing cards in opposition to
the sidewalk improvement district : Ken Wheadon; Rick Golden; Mark
Baranowski; Allan Flandro; Karen Hayes; Carmen von Bothmer and Thora
Hutchison.
Councilmember Love asked about the process after the district was
referred to Engineering. Jan Aramaki, Constituent Liaison/Research and
Policy Analyst, said after the district was tabulated if Council agreed
to move forward, a resolution would be adopted creating the district .
She said the Council could reduce the size of the area or cancel the
whole district.
Councilmember Love moved and Councilmember Martin seconded to
close the public hearing and kill the SAA between 1500 East to 1900
East, 1300 South to 1700 South and send the areas on the south side of
Princeton Avenue and the north side of Herbert Avenue between 2000 and
2100 East to Engineering for tabulation.
Councilmember Love said she and Councilmember Martin had tried to
get information to their constituents but felt they were only reaching
10 to 12% of them. She said because of the economy the assessments
were too large for residents living in the area. She said she hoped
this area would have another opportunity in the near future and not
have to wait 20 years .
09 - 145
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 5, 2009
Councilmember Martin said 11% was a large number compared to other
improvement areas . He said he wanted to make sure the area of Herbert
and Princeton Avenues would come back to the Council because he wanted
to make sure that was what those residents wanted. He said he wanted
to hold a discussion with the Council or the Administration to find out
if the process could be improved because it was becoming more
controversial .
Councilmember Christensen called for the question, which motion
carried, all members present voted aye .
(Q 09-1)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL 8:51:14PM
Councilmember Turner thanked the Mayor, the Administration, the
Fire Chief and Police Chief for their hard work on Proposition One for
a new Police Station. Mayor Becker said thankfully the residents and
taxpayers were willing to pay for it.
COMMENTS TO THE CITY COUNCIL 8:53:03 PM
Hakim Ellis said he was originally from New Jersey. He said he
could not find a job and asked the Council for help. Jose Garcia spoke
in opposition to the City turning the Sorensen Multi-Cultural Center
over to Salt Lake County. Jeff Bair said he understood and agreed with
the need for the new Police Station but everyone he asked gave him
different answers on the location. He said he was against locating the
building on 300 East.
UNFINISHED BUSINESS
#1 . 9:02:49PM RE Adopting a resolution approving (1) the terms of
an interlocal agreement with the Redevelopment Agency of Salt Lake
City, Salt Lake County, and the Salt Lake City School District Board of
Education to authorize use of a portion of tax increment to support the
reconstruction of the North Temple Viaduct and; View Attachments
(C 09-781)
(2) Approving an interlocal agreement with the Redevelopment
Agency of Salt Lake City pursuant to which the Redevelopment Agency of
Salt Lake City agrees to pay Salt Lake City all tax increment received
from Salt Lake County with respect to the North Temple Viaduct CDA
Project Area.
(C 09-782)
Councilmember Jergensen moved and Councilmember Garrott seconded
to adopt Resolution 59 of 2009 . A roll call vote was taken with Council
09 - 146
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 5, 2009
Members Martin, Love, Jergensen, Turner and Christensen voted aye and
Councilmember Garrott voted nay, which motion carried.
#2 . 9:00:59 PM RE: Adopting a legislative action item requesting
the Administration prepare an ordinance that would codify in the Salt
Lake City Code an executive order requiring all transportation
facilities in the public right-of-way owned by Salt Lake City on which
bicyclists and pedestrians are permitted by law to be designed, built,
operated and maintained so that users, including people with
disabilities can travel safely and independently. (Complete Streets -
Legislative Action by Councilmember Luke Garrott. ) View Attachments
Councilmember Garrott moved and Councilmember Jergensen seconded
to adopt a Legislative Action and direct the City Attorney' s Office to
prepare an ordinance to enact the Legislative Action, which motion
carried, all members present voted aye .
(G 09-21)
#3. 9:01:48PM RE: Adopting a resolution expressing the support of
the City Council for the City to apply for the 911 emergency ambulance
services license for the geographic area of Salt Lake City. View
Attachments
Councilmember Jergensen moved and Councilmember Turner seconded to
adopt Resolution 60 of 2009, which motion carried, all members present
voted aye .
(R 09-18)
#4 . 9:13:36 PM RE: Setting a protest hearing date of December 8,
2009 at 7 : 00 p.m. and adopting a resolution to: (a) finance the cost of
certain infrastructure improvements consisting of the replacement of
the existing North Temple Viaduct with an auto/light rail viaduct and
related improvements together with all other miscellaneous work
necessary to complete the improvements in a proper and workmanlike
manner, (b) defray the cost and expenses of a portion of the cost of
said improvements by assessments to be levied against properties
benefited by such improvements; and (c) provide notice of intention to
designate an assessment area, to declare the City' s official intention
to reimburse itself for expenditures paid by it prior to the issuance
of tax-exempt bonds; to authorize advertisement of construction bids;
and related matters . (Job No. 109014, North Temple Viaduct) View
Attachments
9:13:59 PM Council Members Jergensen and Martin were recused for
the discussion and vote .
09 - 147
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, NOVEMBER 5, 2009
Councilmember Love moved and Councilmember Turner seconded to
adopt Resolution 61 of 2009 and set the protest hearing date of
December 8, 2009 at 7 : 00 p.m. , which motion carried, all members
present voted aye except Council Members Martin and Jergensen who were
recused.
(Q 09-9)
CONSENT AGENDA
9:02:34 PM Councilmember Love moved and Councilmember Garrott
seconded to approve the Consent Agenda, which motion carried, all
members present voted aye .
#1 . RE: Approving the appointment of Paul Murphy to the Community
Development and Capitol Improvement Programs Advisory Board for a term
extending through June 4, 2012 .
(I 09-22)
#2 . Approving the appointment of Barbara Riley to the Community
Development and Capitol Improvement Programs Advisory Board for a term
extending through June 4, 2012 .
(I 09-22)
#3 . RE: Confirming the date of Tuesday, November 10, 2009 at 7 : 00
p.m. to accept public comment and consider adopting two ordinances
enacting a new Chapter 10 . 04, Salt Lake City Code, relating to unlawful
discrimination in employment practices based on sexual orientation or
gender identity and enacting Chapter 10 . 05, Salt Lake City Code,
relating to unlawful discrimination in housing practices based on
sexual orientation or gender identity.
(0 09-36 - Chapter 10 . 04 and 0 09-37 - Chapter 10 . 05)
#4 . RE: Confirming the date of Tuesday, November 10, 2009 at 7 : 00
p.m. to accept public comment and consider adopting a resolution
authorizing an interlocal agreement for Salt Lake County to operate the
Sorenson Multi-Cultural Center.
(C 09-783)
The meeting adjourned at 9 : 18 p .m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
November 5, 2009 .
bj
09 - 148