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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. 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14 , 2003 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. 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14, 2003 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. 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14, 2003 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. 03 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14 , 2003 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 03 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14 , 2003 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. 03 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14, 2003 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 03 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14, 2003 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; 03 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14 , 2003 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) 03 - 9 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14 , 2003 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: 03 - 10 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14, 2003 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, 03 - 11 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 03 - 12