10/14/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 14 , 2003
Elections Results, RDA and Noon Meetings
The City Council/Board of Canvassers/Governing Body of Salt Lake City, Utah, met in
Regular Session as the Board of Canvassers on Tuesday, October 14, 2003 at 7:00 p.m.
in Room 315, City Council Office, City County Building, 451 South State.
The following were present:
Carlton Christensen Dale Lambert Van Turner
Jill Remington Love Dave Buhler Nancy Saxton
Eric Jergensen
Mayor Ross C. "Rocky" Anderson; Steven Allred, Assistant City Attorney; Cindy
Gust-Jenson, Executive Council Director; and Pam Johnson, Deputy City Recorder were
present.
Councilmember Christensen presided at and Councilmember Turner conducted the
meeting.
UNFINISHED BUSINESS
#1. RE: Accept the official canvass of the October 7, 2003 Salt Lake City
Primary Election.
Councilmember Love moved and Councilmember Buhler seconded to recess as the City
Council and convene with the Mayor as the Board of Canvassers, which motion carried,
all members voted aye.
Councilmember Love moved and Councilmember Saxton seconded to adopt the motion,
which motion carried, all members and the Mayor voted aye.
Councilmember Jergensen moved and Councilmember Christensen seconded to adjourn
as the Board of Canvassers and reconvene as the City Council, which motion carried,
all members voted aye.
(U 03-1)
The meeting adjourned at 9:41 p.m.
pj
October 14, 2003
The City Council of Salt Lake City, Utah, and the Redevelopment Agency Board, met in
a Special Joint Regular Session on Tuesday, October 14, 2003 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 Dale Lambert Eric Jergensen
Jill Remington Love Dave Buhler Nancy Saxton
Van Turner
Mayor Ross C. "Rocky" Anderson; Steven Allred, Deputy City Attorney; Cindy Gust-
Jenson, Executive Council Director; Valda Tarbet, Deputy Director of the Redevelopment
Agency; and Pam Johnson, Deputy City Recorder were present.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
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Councilmember Christensen presided at and Councilmember Turner conducted the
meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Jergensen moved and Councilmember Christensen seconded to approve
the minutes of the Salt Lake City Council meeting held October 7, 2003, which motion
carried, all members voted aye.
(M 03-1)
PUBLIC HEARINGS
#1. RE: A) Accept public comment and consider adopting an ordinance rezoning
property located at 1436 South West Temple from General Commercial and Residential
Multi-Family to Residential Mixed-Use, pursuant to Petition No. 400-02-36. View
Attachment
Councilmember Love moved and Councilmember Christensen seconded to close the
public hearing, which motion carried, all members voted aye.
Councilmember Love moved and Councilmember Saxton seconded to adopt Ordinance 71
of 2003, which motion carried, all members voted aye.
(P 03-20)
RE: B) Accept public comment and consider adopting an ordinance closing and
abandoning a portion of Front Street (155 West) between 1400 South and approximately
1430 South, adjacent to property generally located at 1436 South West Temple Street
pursuant to Petition No. 400-02-37.
Councilmember Love moved and Councilmember Christensen seconded to close the
public hearing, which motion carried, all members voted aye.
Councilmember Love moved and Councilmember Saxton seconded to adopt Ordinance 72
of 2003, which motion carried, all members voted aye.
(P 03-21)
COMMENTS TO THE MAYOR FROM THE CITY COUNCIL
Councilmember Saxton said several constituents had approached her with concerns
about the City' s policy of selling crafts and art work. She said a licensing fee was
required for crafters to sell at venues such as the Framer's Market, but artisans were
allowed to sell their work without paying the same fee.
Mayor Anderson said participants in the Farmer' s Market wanted it returned to a
market with no arts and crafts. He said the City allowed local artisans to sell their
own work downtown and in the parks to enliven the City. He said some artisans were
frustrated by the fact they had to remain 100 feet from other venues. He said the City
enforced established guidelines which included remaining 100 feet from markets and
selling only their own artwork. He said outdoor selling was coming to an end this year.
He said the Council was considering a new ordinance and these issues could be addressed
in the proposed ordinance.
Councilmember Christensen said the Council was addressing the continuation of
Petition No. 400-03-20, Gateway's rezoning request. He asked for clarification on the
Mayor's position on this petition.
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Mayor Anderson said there had been several new developments in the last week. He
said the Church of Jesus Christ of Latter Day Saints, (LDS) and Property Resource
Incorporated, (PRI) had unveiled new plans for redevelopment of the Main Street corridor
and the two malls currently located there. He said the City needed to do everything
it could to keep Nordstrom's. He said he hoped Nordstrom would look at the new plans
and find a way to be a part of historic downtown.
Councilmember Buhler asked Mayor Anderson how he would vote on the issue before
Council tonight. Mayor Anderson said his vote would depend on whether Nordstrom had
seriously reviewed all the options before them with the proposed redevelopment
downtown.
Councilmember Jergensen said he agreed that giving Nordstrom the opportunity to
review the new plans could eliminate the controversy. He said Nordstrom' s had indicated
they were not interested in that option.
COMMENTS TO THE CITY COUNCIL
The following people spoke or submitted written comments in support of the City
adopting a living wage ordinance: George Nickel, Bill Tibbitts, Kelly Gattis, Kenneth
Wulle, Anne Looser, Christine TenBarge, Paul Holmes, Gerald Haskill, George Erichson,
Kyle Wulle, and Nancy Winitzky.
Comments included preference for contractors bidding on City jobs that provided
a living wage and health care for their employees, the need for an ordinance to enforce
ethical employers, the City's common practice of taking the lowest bid without regard
for the inferior products or cheap labor used, as workers wages went down, dependence
on government assistance increased, less consumer spending from underpaid workers,
costs were paid at a higher rate on the back end, long hours required by parents to
make ends meet, creating latchkey kids, the inconsistency in governmental standards,
one branch of government indicated minimum wage standards while another indicated
families paid minimum wage would qualify for living, medical housing and food
assistance, larger incomes would provide greater spending which would stimulate the
economy, care for elderly or disabled workers falling on to tax payers, and helping
individuals and families rise out of poverty.
The following people spoke or submitted written comments in support of the City
approving the Gateway's petition and allowing Nordstrom to relocate: Richard Winters,
Brooke White, Patrick Nelson, Kathleen Allred, Nick Flores, Pam Morgan, Laura Portman,
Don Stromquist, Linda Babcock, William Garbett, Stephen Morgan, Patty Pollock, Ron
Johnson, Don Polster, Susan Vogel, Heather Kingford, Wesley McDougal, David Owen, and
Rebecca Cooley.
Comments included community service provided by Nordstrom, lack of details for
proposed changes downtown, the large amount of retail already in the City, zoning
changes allowing large retail into Gateway with the exception of Nordstrom, loss of
exceptional customer service and retail quality, loss of a large tax generator, loss
of jobs for Nordstrom employees, loss of out of state shoppers, and the elimination of
hallmark store one at a time.
The following people spoke or submitted written comments in opposition of the
City approving the Gateway's petition and allowing Nordstrom to relocate: Kadee
Nielson, Carol Baroni, Carolyn Guymon, Maha Barrani, Cheri Andrus, Anne King, K.T.
Magnusson, Robert Wyss, Ralph L. Finlayson, Amy Dishell, Anina Christine Berthold,
Michael Reed, Clint W. Ensign, Sinclair Oil Corporation, Clayton F. Foulger, Foulger
Pratt Development Incorporated, Vincent Lawrence, and Greg Geilmann.
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Comments included lack of cooperation by Nordstrom' s, the new proposal for the
downtown malls, financial aid from the City to Nordstrom, the need of anchor stores
remaining on Main Street, lack of interest from other retailers if zoning changes were
made, and no concern on Nordstrom' s part for the displacement of its employees.
Douglas Contant addressed the Council concerning a petition that was presented
to Lieutenant Governor Olene Walker. He said it was asking that vision and dental
benefits be reinstated in the Medicaid program.
Lonnie Pursifull addressed the Council concerning the activities during the
L.D.S. Church's semiannual conference held October 12, 2003.
UNFINISHED BUSINESS
#1. RE: Accept the official canvass of the October 7, 2003 Salt Lake City
Primary Election.
Refer to the minutes of the October 14, 2003 meeting of the Board of Canvassers.
(U 03-1)
#2. RE: Adopting a resolution authorizing a loan from the Salt Lake City
Housing Trust Fund to the Trenton Apartment Project located at 544 East 100 South.
View Attachment
Councilmember Saxton moved and Councilmember Lambert seconded to adopt Resolution 47
of 2003, which motion carried, all members voted aye.
(R 03-10)
#3. RE: Adopting an ordinance amending the table of uses for the Gateway Mixed-
Use zoning district to make department stores either a conditional use or a permitted
use and related matters pursuant to Petition No. 400-03-20.
Councilmember Buhler said after the first fact finding meeting in 2002, the
Council sent a letter to Blake Nordstrom indicating how important his store was to the
City. He said the letter outlined the fact Gateway was built to compliment not compete
with downtown. He said the letter advised a zoning change would undermine 20 years of
planning and effort and well over $100 million in public investments in the past 10
years. He said it was hoped Nordstrom would negotiate other options and remain on Main
Street. He said one year later in 2003, the L.D.S. Church purchased Crossroads Mall,
Nordstrom' s announced they had signed a letter of intention with the Boyer Company to
move to Gateway, and Mayor Anderson dropped his opposition to Nordstrom moving to
Gateway.
Councilmember Buhler said balance was important in this decision. He said he
hesitated to change rules to benefit one business at the expense of others. He said
while it was clear that Gateway would have large anchor stores would not come from
downtown. He said steps were taken to make sure this did not happen.
Councilmember Buhler said the new owner of Crossroads Mall was Property Resource
Incorporated (P RI) . He said they brought in an experienced developer who understood
the changes needed. He said PRI had committed several hundred million dollar investments
in private capitol. He said he did not want to discourage their vision by changing
established policy. He said Nordstrom remaining on Main Street would add synergy to
other fashion retail in that corridor.
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Councilmember Love said she did not support prohibiting high fashion retailers
at Gateway. She said it was the Council's role to re-look at agreements and determine
if change was needed. She said planning documents were fluid to meet the changing needs
to the community. She said she felt the City and downtown would be stronger, healthier,
and more vibrant if the petition were granted. She said most of the consultants and
stake holders agreed with that view.
Councilmember Love said Nordstrom's was a premiere upscale retailer that every
City would love to have in their downtown. She said if they were not already located
in the City, Salt Lake City would be discussing incentives to bring them in. She said
Nordstrom provided a large tax base for the City, was one of the only profitable
retailers in the Country, and provided 280 jobs. She said although she did not agree
with their decision to move from Main Street, Nordstrom needed to make the best decision
for their business.
Councilmember Love said for eight years under a prior administration, she was
assigned as a liaison to Main Street. She said she worked with downtown business
leaders daily. She said her involvement made her aware that officials had been
struggling with the fate of Main Street for 20 years. She said the City had used every
redevelopment tool available including giving away money. She said downtown still had
empty store fronts and two dilapidated malls. She said it was time to recognize downtown
was more than two blocks. She said let Nordstrom thrive at Gateway while Main Street
was redeveloped once more. She said she felt flexibility was needed now and she would
not support the motion.
Councilmember Lambert said this was a complex issue. He said Nordstrom' s leaving
would adversely impact Salt Lake City. He said redevelopment of Main Street malls might
not succeed if Nordstrom moved to Gateway. He said Gateway needed large retail anchors
to succeed.
Councilmember Lambert said Nordstrom's leaving downtown would make the City
complete with malls in the suburbs, complicating Main Street revitalization further.
He said the City would continue to try to persuade Nordstrom to remain. He said there
were compelling reasons for the Council to allow Nordstrom to remain under the store's
specified conditions. He said decisions on either side not only affected Nordstrom
employees and those in the Central Business District (CBD)
Councilmember Lambert said Gateway as well as other downtown locations had
received millions of dollars of assistance from the City and the Redevelopment Agency
(RDA) . He said it was necessary for the City as a governmental agency to exercise
control with zoning and planning to protect their citizens. He said the City had
invested for their taxpayers in the future. He said planning for the future required
more than remodeling malls. He said experts advised the success of a retail center was
established fashion anchors. He said if the retail center failed, so would other
components such as residential, business and tourism.
Councilmember Lambert said Gateway had built a unique shopping center which
attracted shoppers from suburban malls. He said the misunderstanding was thinking
Gateway would complement Main Street, not compete with them. He said original plans
indicated 600, 000 to 700, 000 square feet of retail, much larger than either Main Street
mall. He said significant differences were envisioned for Gateway and for Main Street.
He said Gateway was to be anchored by restaurants and entertainment.
Councilmember Lambert read a statement prepared by the City Council. He said
"the City Council recognizes that Main Street is the core of our downtown commercial,
tourist and convention activity. To encourage the relocation of retail or other
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commercial business or other key anchors, away from Main Street will undermine these
activities to the long term detriment of downtown, including the Gateway and other
developments. The continued vitality of Main Street is essential to the economic and
cultural health of our City." He said he did not think the size limitations should be
changed, but otherwise he would support the motion.
Councilmember Saxton said the City was experiencing a domino effect at its worst.
She said the previous owner of Crossroads Mall took from their property without putting
back, now other were left to rectify the problems created by doing so. She said she
did not know if Nordstrom had sought Gateway or the other way around. She said the
City was fortunate to have someone willing to help with a redevelopment of such
magnitude.
Councilmember Saxton said master plans were guidelines and could be changed. She
said cities could change and redevelopment should be based on the City's attributes
not a master plan. She said the City's attributes were; 1) 5 million visitors a year,
2) the L.D.S. Temple, 3) the State Capitol, 4) the Beehive House, 5) the Genealogical
Library, 6) Symphony Hall, 7) the Convention Center, 8) mass transit, 9) light rail
and 10) historical buildings. She said these attributes were located on South Temple
and Main Street, the core of downtown. She said if the City was going to develop for
success it would want to develop at that core.
Councilmember Saxton said if Nordstrom closed their doors in Salt Lake, it was
by their choice because there were options. She said Nordstrom was a large tax base
for the City, but smaller stores also contributed to the tax base. She said stores
closed their doors every day, because they could not make a profit. She said even with
current conditions at the Mall, Nordstrom had remained a profitable business. She
said she had the same concerns as Councilmember Lambert. She said Council could not
allow one type of large anchor into Gateway and not another. She said she would support
the motion.
Councilmember Jergensen said downtown would never be the same as it was before.
He said the reality and the focus of Salt Lake City was different. He said along with
serious problems there were tremendous opportunities. He said all stakeholders felt
their plan would benefit the City. He said downtown needed to be envisioned extending
from 500 West to 200 East, and from North Temple to 600 South. He said the cultural,
business, retail, institutional and entertainment resources within those boundaries
were incredible. He said different activities and locations needed to be linked
together. He said transportation and pedestrian linkages could provide the seamless
connection of downtown.
Councilmember Jergensen said development should be encouraged not stifled. He
said some encouraging philosophies included concentration of light retail and office
development to one or two places in the City. He said the administration needed to
maintain efforts of articulating effective zoning practices. He said they were critical
to the success of renewing downtown. He said that would enable the City to court and
pursue desirable new business and retail entities to its core. He said size limitations
at the Gateway Center needed to be revisited, but he would support the motion.
Councilmember Christensen said prior to formal consideration of the petition, he
asked the City Attorney whether he had any legal conflicts of interest because his
employer' s client was the new owner of the Crossroads Mall. He said his employer had
never managed Crossroads Mall and did not have any property being considered in the
rezoning petition. He said the City Attorney' s Office had determined there was no
conflict of interest.
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Councilmember Christensen said he was excited about the recent announcements and
the opportunities they brought to the City. He said the proposed Development would
create an environment to help maintain the integrity of the City's commerce for years
to come.
Councilmember Christensen said the Gateway project had and would continue to be
a great asset to the City. He said the administration needed to take time to make
modifications to the development agreement under the right conditions. He said the
Planning Commission should be allowed their input. He said it was easier to move
forward slowly than to go back and change prior decisions. He said he was committed
to the success of all parts of the City. He said he was in favor of this and would
support the motion.
Councilmember Turner said when first elected to the City Council, his district
boundaries were State Street to South Temple, and 2100 South west to the City limits.
He said a lot of his attention had been on the downtown area including Gateway. He
said although his district had changed, the benefit of Gateway to the west side of
town had not.
Councilmember Turner said as the RDA Chair, his focus had been on Main Street
between 300 and 400 South. He said several large projects such as the Gallivan Center
and the relocation of the Channel 2 television station had been completed. He said the
Grand America Hotel on Main Street was a viable anchor for the south. He said
construction of the new Library encouraged travel downtown. He said he asked
constituents who lived near Gateway if they wanted additional retail in that area. He
said most constituents had indicated that more residential areas were needed. He said
he would support the motion.
Councilmember Buhler moved and Councilmember Christensen seconded that the City
Council specify that it will not amend the text of the Zoning Ordinance to allow for
large-scale high-fashion retail uses of over 100,000 square feet-such as Nordstrom,
Meier and Frank, Dillard's or Saks-to locate in the Gateway Mixed-Use Zone, and that
Council table Petition No. 400-03-20, until it receives the Planning Commission's
recommendation regarding its petition relating to the department store definition (s) .
I further move that we request that the Planning Commission, in its evaluation:
1) Recommended sub-categories to the department store definition to include
terms used in the retail industry;
2) Express its recommendation regarding which sub-categories of department
stores-other than large-scale high fashion retail uses of greater than 100,000 square
feet-would be appropriate for inclusion in Gateway Mixed-Use Zone;
3) Recognize that refining the existing definition of department store to
permit other appropriate large retail goods establishments which may constitute
department stores under the existing zoning law to locate within the Gateway Mixed-Use
District is desirable for the benefit of downtown and its consistent with the January
2003 City Council Policy Statement on the Future Economic development of downtown.
In addition, I move that the City Council adopt the following legislative intents:
1) After the City Council acts on the Planning Commission' s recommendation
regarding the definition of "department stores" that the Redevelopment Agency Board of
Directors adopt Option No. 4 Resolution 572.01 which would rescind the Third Amendment
to the Participation and Reimbursement Agreement between the Agency and Gateway
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Associates, based on the RDA staff' s recommendation.
2) The City Council urges the Planning Commission that in its evaluation of
the term "department store" that the Commission examine the terms "fashion retail,"
"large-scale fashion-retail," "value retail," and other terms used in the retail
industry as possible subcategories of the term "department store."
3) The City Council urges the Planning Commission that in its review
regulations relating to the location of department stores to examine the enactment of
specific zones for fashion retail stores based upon criteria such as a store's square-
foot capacity, merchandise, and retail type, and a location' s compatibility with City
policies and master plans.
4) It is the City Council' s intent that the Downtown, Gateway, and Central
city master plans be reviewed and updated to insure that the master plans are in
harmony with each other so they provide clear guidelines for land use and economic
development throughout a greater downtown.
5) It is the City Council' s intent that the City facilitate collaboration
among downtown stakeholder, organizations representing downtown businesses, property
owners and residents, and City officials to develop a downtown action plan with
timelines and definitions of roles and responsibilities to guide future economic
development, including retail, in the downtown defined in the January 2003 City Council
Policy Statement on the Future Economic Development of Downtown.
6) The City Council considers Gateway's success to be important to the success
of the overall downtown. The Council urges the Redevelopment Agency and City
Administration Staffs to continue to review ways to provide more flexibility for
Gateway, such as evaluating the language in the zoning ordinance's text of the Gateway
Mixed-Use District relating the current regulation requiring 50% residential use in
all buildings along 500 West Street and weighing that regulation against requiring
mixed uses among buildings rather than mixed uses within buildings.
7) The Council wishes to make clear that it has no intention to adopt a zoning
change that would allow stores such as Nordstrom to relocate to the Gateway Mixed-Use
District. However, the Council expresses its gratitude to Nordstrom for the
contributions it has made to Salt Lake City and, again, urges Nordstrom to seriously
consider remaining in the City-but within the Main Street area.
8) It is the City Council's intent that the Administration evaluate
opportunities to work with the Utah Transit Authority and other entities to foster
mass transit connections between the Gateway area and the Main Street corridor and
that the Redevelopment Agency examine ways to help fund the mass transit connection.
The connection may be a precursor to finished light-rail loop addressed in environmental
impact statements for the intermodal hub at 600 West 200 South and the Airport to
University light rail line, which motion carried, all members voted aye, except
Councilmember Love who vote nay.
Councilmember Jergensen moved and Councilmember Love seconded in the capacity as
the Redevelopment Agency, the Board adopt Resolution No. 572 .01, approving the sixth
amendment to the participation reimbursement between the Redevelopment Agency and
Gateway Associates to state:
1) Paragraph 401B in the third amendment to the participation reimbursement
agreement be eliminated, thus allowing a retail facility to exceed 45, 000 square feet;
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2) Paragraph 5.3 M-2 in the third amendment to the participation reimbursement
agreement be eliminated, thus rescinding an additional penalty for relocated retailers;
3) Exhibit F Titled Development Improvements attached to the fourth amendment
of the participation reimbursement agreement, permit the area designated for hotel use
to be used for any permitted use termed;
4) Amendments may also contain minor modifications to clarify terms of the
agreement as may be recommended by the agencies legal counsel, which motion carried,
all members voted aye, except Councilmember Lambert, who voted nay.
Councilmember Lambert proposed and spoke to a substitute motion. He moved and
Councilmember Saxton seconded in the capacity as the Redevelopment Agency, the Board
adopt Resolution No. 572.01, approving the sixth amendment to the participation
reimbursement between the Redevelopment Agency and Gateway Associates to state:
1) Paragraph 4.1B in the third amendment to the participation reimbursement
agreement be eliminated, this allowing a retail facility to exceed 90,000 square feet;
2) After the City Council acts on the Planning Commission' s recommendations
regarding the definition of department stores, the Redevelopment Agency will consider
additional changes to the participation reimbursement agreement, for the purposes of
allowing additional flexibility for larger retail stores, which motion failed, all
members voted nay, except Council Members Lambert, Saxton, and Christensen, who voted
aye.
Councilmember Lambert said the focus of this petition had been the relocation of
Nordstrom's. He said Council Members agreed changes needed to be made in zoning at
Gateway. He said the previous motion relied on zoning ordinances and at this time they
did not know how successful that could be. He said until it could be determined if the
square footage requirement worked, it should not be eliminated. He said if the desired
result could not be met through zoning ordinances it would need to be made through the
reimbursement agreement. He said it would be a mistake to remove size limitations at
this time.
Councilmember Saxton said she would vote in favor of the substitute motion. She
said she had questions, but she felt this would allow for a clearer City policy.
Councilmember Jergensen said the current square foot retail limitation was a
number chosen without research. He said by eliminating that it would give time to
evaluate the size that worked for Gateway. He said this would take the agreement back
to the original intent. He said he would not support the substitute motion.
Councilmember Christensen said he was not prepared at this meeting to determine
what was best for the City. He said the Planning Commission needed to provide Council
with their findings. He said the 90,000 square foot limitation would allow Gateway
retail to move forward until that time. He said he would support the substitute
motion.
Councilmember Buhler said the current administration stipulated the 45,000 foot
limitation and extra penalties on retail at Gateway. He said Councilmember Jergensen' s
motion simply reversed restrictions put in place after the original agreement was made.
He said he would support Councilmember Jergensen' s original motion. He said he would
vote in favor with the knowledge he would not adopt planning recommendations he did
not agree with.
(P 03-22)
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CONSENT AGENDA
#1. RE: Adopting Resolution 48 of 2003, approving a request by Sandy City to
annex territory into Sandy City, which request was made pursuant to a boundary agreement
between Salt Lake City and Sandy City; and authorizing the execution of a document
evidencing such approval.
(R 03-11)
#2. RE: Adopting Resolution 49 of 2003, authorizing the approval of an
interlocal cooperation agreement between Salt Lake City Corporation and the United
States Environmental Protection Agency for performance of vulnerability assessments
and related security improvements at drinking water facilities. View Attachment
(C 03-719)
#3. RE: Approving the reappointment of Richard Lee to the Golf Enterprise Fund
Advisory Board for a term extending through July 16, 2006.
(I 03-18)
#4. RE: Approving the appointment of Bonnie Mangold to the Transportation
Advisory Board for a term extending through September 25, 2006.
(I 03-17)
#5. RE: Requesting the Administration consider not hold a hearing, regarding a
request to exchange easements to facilitate development of the University of Utah
orthopedic hospital, on Wakara Way.
(W 03-65)
#6. RE: Requesting the Administration consider not hold a hearing, regarding a
grant of preservation easement encumbering City property know as Gilgal Garden located
at approximately 749 East 500 South, in order to protect the open space property.
Title to the property will be held by Salt Lake City Corporation, Utah Heritage will
hold the easement as Grantee.
(W 03-65)
Councilmember Lambert moved and Councilmember Saxton seconded to adopt the
consent agenda, which motion carried, all members voted aye.
The meeting adjourned at 9:41 p.m.
pi
October 14, 2003
Noon Meeting
The City Council of Salt Lake City, Utah, met in Regular Session as the Board of
Canvassers on Tuesday, October 14, 2003 at 12:15 p.m. in Room 326, City Council Office,
City County Building, 451 South State.
The following Council Members were present:
Carlton Christensen Dale Lambert Van Turner
Jill Remington Love Dave Buhler Nancy Saxton
The following were absent:
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Mayor Ross C. "Rocky" Anderson and Eric Jergensen
Boyd Ferguson, Assistant City Attorney; Cindy Gust-Jenson, Executive Council
Director; and Pam Johnson, Deputy City Recorder were present.
Councilmember Christensen presided at and conducted the meeting.
UNFINISHED BUSINESS
#1. RE: The City Council and the Mayor will convene as the Board of Canvassers
at their regular meeting place to examine the validity of the absentee ballots then
direct the absentee ballots and the provisional ballots to be counted electronically
by the Salt Lake County Election Clerk. The Board of Canvassers will charge the City
Recorder' s Office to prepare a canvass to be presented to the Board of Canvassers at
the regularly scheduled City Council meeting at 7:00 p.m. on October 14, 2003.
Councilmember Love moved and Councilmember Saxton seconded to recess as the City
Council and convene with the Mayor as the Board of Canvassers, which motion carried,
all members present voted aye.
Sonya Skyles, Chris Meeker and Kendrick Cowley briefed the Council. Ms. Skyles
said State Code required absentee ballots to be reviewed by the Board of Canvassers.
She said absentee ballots could be received up until noon on the day of the official
canvass and still be counted in the final total.
Ms. Skyles said there were two categories of unacceptable ballots. She said the
first were ballots postmarked too late. She said the second category were those where
the signatures on the application and envelope did not match.
Ms. Skyles said after the Board had reviewed and deposited the acceptable ballots
into the ballot box, she would take them to the County Clerk's office to be tabulated.
She said a final tally of votes would be presented at the Council meeting that evening.
The Board of Canvassers reviewed the questionable absentee ballots individually.
Ms. Meeker briefed the Board as to the validity issues and each ballot was discussed.
Councilmember Christensen said there were two validity issues. He said he wanted
to vote separately on the questionable signatures and on a ballot signed with an `X' .
Councilmember Saxton moved and Councilmember Lambert seconded to accept absentee
ballots with questionable signatures, which motion failed, Council Members Buhler,
Love, Turner and Christensen voted nay, Council Members Lambert and Saxton voted aye,
Mayor Anderson and Councilmember Jergensen were absent for the vote.
Councilmember Buhler said while these citizens were well intentioned, the ballot
clearly stated the voter's signature was required. He said he opposed the motion.
Councilmember Saxton said every effort to vote should be counted as long as they were
postmarked within the correct time frame. She said the ballots in question could be
from elderly citizens or those with language issues. Councilmember Christensen said
this would set a precedent. He said it would be difficult to accept questionable
ballots in one election and not the other.
Councilmember Lambert moved and Councilmember Saxton seconded to accept an
absentee ballot with an 'X' signature, which motion carried, Council Members Buhler,
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 14, 2003
Lambert, Love and Saxton voted aye, Council Members Turner and Christensen voted nay,
Mayor Anderson and Councilmember Jergensen were absent for the vote.
Councilmember Buhler moved and Councilmember Love seconded to authorize the approved
absentee ballots be given to the Salt Lake County Election Clerk's Office for tabulation
and the canvass presented to the Board of Canvasser' s at 7:00 p.m. meeting, which
motion carried, all members present voted aye.
Councilmember Saxton moved and Councilmember Turner seconded to adjourn as the
Board of Canvassers and reconvene as the City Council, which motion carried, all
members present voted aye.
The meeting adjourned at 12:42 p.m.
pi
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