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09/16/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 16, 2003 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 16, 2003, at 7:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State, Salt Lake City, Utah. The following Council Members were present: Carlton Christensen Van Turner Nancy Saxton Jill Remington Love Eric Jergensen Dave Buhler Dale Lambert Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Council Executive Director; Ed Rutan, City Attorney and Chris Meeker, Chief Deputy City Recorder; were present. Councilmember Christensen presided at and conducted the meeting. OPENING CEREMONY #1. The Council led the Pledge of Allegiance. #2. Councilmember Turner moved and Councilmember Saxton seconded to approve the minutes of the City Council meeting held September 2 and September 4, 2003, which motion carried, all members voted aye. (M 03-1) PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance No 58 of 2003, which adopted the final budget of Salt Lake City, including the employment-staffing document, for fiscal year 2003-2004. View Attachment Councilmember Saxton moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Buhler moved and Councilmember Love seconded to adopt Ordinance 66 of 2003, amending Salt Lake City Ordinance 58 of 2003 which adopted the final budget of Salt Lake City, including the employment staffing document, for Fiscal Year 2003- 2004 and to also include the entire budget amendment with $300, 000 for the Unity Center on Initiative #2 and further moved that the Council include consideration of the Traffic Calming Program as a new Initiative # 19 in Budget Amendment No. 1 and specify that the funds for the Traffic Calming Program are available to be spent contingent on the conditions outlined in the motion on lifting the moratorium on expenditures of Traffic Calming funds. (see Initiative #19 of Budget Amendment No. 1. ) , including Councilmember Lambert's friendly amendment for legislative intent statements as follows: It is the Council' s intent the Administration plan, construct, equip and furnish the proposed Unity Center in the Sorenson expansion project with available funds received for this purpose, the total budget is not-to- exceed $4,500,329, and with respect to the Rail and Trails project which was funded as part of Initiative #18, that no funds would be spent on that project until after the planning document being prepared by Salt Lake County is completed, which motion carried, all Council Members voted aye. Councilmember Lambert explained his friendly motion regarding the Unity Center. He said it had not been clear as to whether the $4.5 million was going to be used for construction or if it would be used for construction, equipping and furnishing. He said his friendly amendment made that clear. Councilmember Saxton asked if the friendly amendment included $300,000 for project planning and design. Councilmember Buhler 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 16, 2003 said the $300, 000 was in the motion. He said the need to allocate more could happen. Councilmember Saxton discussed the scope of the project and the bid. Councilmember Christensen asked Mr. Fluhart if the $300, 000 was what had been anticipated for project planning and design in preparation for the facility. Mr. Fluhart said that was correct but it was a rough estimate. Councilmember Buhler asked Mr. Fluhart if the funding source was the same. Mr. Fluhart said that was correct. Councilmember Buhler spoke to his motion of adding Initiative No. 19. He said this would lift the moratorium on the use of traffic calming funds. He referred to a handout with 9 Council intents for traffic calming. He said he would add two exceptions, 1) the prohibition of speed tables and speed humps on emergency routs and 2) wording to read "the project is in conjunction with Salt Lake County as a joint project. Councilmember Lambert said Imperial Street ran from 2700 to 3300 South and half was in the City and half was in the County. He said there should be a common approach for this issue. Councilmember Buhler said the motion would lift the traffic calming fund moratorium, it would accept modifications to the traffic calming program presented to the Council on August 12, 2003 briefing. He said currently speed bumps and speed tables were not allowed on arterial routs. He said this would extend to emergency routes as defined on a map through the Transportation Division and the Fire Department. He there were exceptions. He said one was a project where residents were notified prior to the moratorium that their street qualified for traffic calming. He said when the City determined that a street was eligible for traffic calming the City would begin the process with the least restrictive method first. He said Physical traffic calming measures will be installed only after periodic enforcement and non-engineering efforts have been made and found to have not been sufficiently effective in reducing speed. He said after this determination has been made, speed-tables may be implemented. He said speed-humps would not be implemented except in the circumstances where the speed at the 85th percentile was in excess of 15 mph above the 25 mph speed limit. He said another exception was speed-humps could be used in response to a diversion of traffic. He said prior to implementing any "traffic calming" plans, the proposal shall be reviewed and approved by the Transportation Advisory Board and the Administration shall receive input from the community councils where the street was located. He said this included several legislative intents (included in attachment) . Councilmember Lambert asked what "non-engineering efforts" meant. Councilmember Love said this would include stop signs and speed limit signs. Councilmember Buhler said enforcement was another non-engineering effort. Councilmember Lambert asked if it was the Council's intent to survey other adjoining streets. Councilmember Buhler said that was included in the administrations proposed modifications. (B 03-9) #2. RE: Accept public comment and consider adopting an ordinance amending the solid Waste Management Facility Budget as prepared and submitted by the Salt Lake Valley solid Waste Management Council, for calendar year 2003, subject to specific policy directives. View Attachment Councilmember Jergensen moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye. Councilmember Jergensen moved and Councilmember Turner seconded to approve Ordinance 67 of 2003, amending the solid Waste Management Facility Budget as prepared and submitted by the Salt Lake Valley solid Waste Management Council, for calendar 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 16, 2003 year 2003, subject to specific policy directives. (B 02-4) COMMENTS Comment to the City Council. Richard Wirick spoke regarding both the Nordstrom and Target stores zoning issues. The following people spoke regarding preserving low-income housing. Douglas Cotant, Geneva Powell, Lounell Parrish, Dave Johnson; Kier Corporation, Jennifer Barger, Dawn McLachlan, Ronnie Duff, Darla Ball, Dorothy Lane, Shawn Crosby, Rudy Roca, Jesus Campos, Donald Ball, David Hughes, Donna Dorkin and Craig Akford. Rosemary Kappas, Director of the Salt Lake Housing Authority said she wanted to respond to several newspaper articles and the concern of residents. She said the City was supportive of affordable housing and many programs had been developed for preservation of housing. She said it was in the best interest of the owners of the New Grand Hotel to preserve the property or sell it and preserve the use. She said if the property were not preserved everyone living in the New Grand would receive a voucher for housing. She said the voucher allowed the resident to move anywhere in the United States. She said rent would remain the same. Bonnie Mangold spoke regarding the Capital Hill Master Plan. Devin Thorpe spoke regarding licensing of the Dead Goat Saloon as a sexually oriented business. Coach Mike spoke regarding tennis at the Dee Smith Tennis center. UNFINISHED BUSINESS #1. RE: Adopting a resolution authorizing Salt Lake City to accept the State of Utah, Utah Commission on Criminal and Juvenile Justice, Byrne Crime Scene Investigation and Technology Grant. (Budget Amendment No. 1 grant resolution) Councilmember Turner moved and Councilmember Jergenson seconded to adopt Resolution 40 of 2003, which motion carried, all members voted aye. (R 03-6) #2. RE: Adopting a resolution authorizing Salt Lake City to accept the State of Utah, Utah Commission on Criminal and Juvenile Justice, Byrne Crime Scene Investigation and Technology Grant. (Budget Amendment No. 1 grant resolution) Councilmember Love moved and Councilmember Turner seconded to adopt Resolution 41 of 2003, which motion carried, all members voted aye. (R 03-7) #3. RE: Adopting a resolution authorizing a loan from Salt Lake City' s Housing Trust Fund to the Westgate II apartment project located at 1520 West 300 South. Councilmember Lambert moved and Councilmember Turner seconded to adopt Resolution 42 of 2003, which motion carried, all members voted aye. Councilmember Turner thanked the Council and asked for their support. He said this was the second phase of the apartment complex. 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 16, 2003 (R 03-8) #4 . RE: Adopting a resolution authorizing a loan from Salt Lake City to facilitate the expansion of L-3 Communications, Inc. - communication Systems - West in Salt Lake City. Councilmember Buhler moved and Councilmember Turner seconded to adopt Resolution 43 of 2003, which motion carried, all members voted aye except Councilmember Jergensen who recused himself. (R 03-9) #5. RE: Adopting a motion regarding policy statements for the City's Traffic Calming Program. (G 03-19) View Attachment See Item C-1, Budget Amendment No. 1 for this issue. #6. RE: Adopting an ordinance amending Section 9.08 to allow recycling pick-up service to eligible multi-family property owners and businesses. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Ordinance 68 of 2003, which motion carried, all members voted aye. (0 02-37) #7. RE: Adopting an ordinance enacting temporary zoning regulation of sexually oriented businesses in certain zoning districts. Councilmember Buhler moved and Councilmember Saxton seconded to adopt Ordinance 69 of 2003, enacting temporary zoning regulation of sexually oriented businesses in certain zoning districts. And further that during the period of the temporary zoning regulation the City not accept or review applications or plans for and shall not issue any permit for any sexual oriented businesses in the D-1, D-2 and D-4 zoning districts, which motion carried, all members voted aye. Councilmember Christensen said he was concerned with a permit that had been issued in the Downtown District for a sexually oriented business (SOB) . He said a different distance measurement was been used for sexually oriented business permits than for other permits. He said measurements should be consistent. He said he had not realized SOB' s were permitted in the Downtown Business District. He said other Council Members had expressed concerns. He said the issue was something that needed to be looked at in depth. Councilmember Jergensen said he was in support of the moratorium. He said he was concerned with the approval process and the issue needed to be investigated thoroughly. Council Members Turner, Saxton, Lambert and Love were in support of the moratorium and a thorough investigation. Councilmember Saxton said there was an interaction between residential and commercial uses. She said she was interested in the consistency of the implementation of this use. Councilmember Lambert asked if the moratorium would affect an existing business sexually oriented businesses. Mr. Rutan said it would not. Mr. Ferguson said the legal point was that the issue needed to be a content neutral regulation rather than content based. He said the Council needed to conclude that the secondary effects would affect Salt Lake City the same as other cities with 03 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 16, 2003 the same issues. He said during the next six months the Council concluded that a permanent ordinance was needed the Council should take into account constituent concerns and any hearings. He said that would be important secondary effect evidence. Mr. Sears requested direction from the Council for the Attorney's Office. Councilmember Christensen said a sub-committee would be formed to give direction. Ms. Weyher said she was concerned with the business which had only to complete one stage before issuing a business license. She asked if this was a Planning issue or an Attorney's issue. Councilmember Christensen said he felt both Planning and the Attorney' s Office should be involved. He said there were incongruities in the existing ordinance and how measurements were made. He said the issue of a sexual oriented business being appropriate in a certain zone was also an issue. (0 03-23) CONSENT AGENDA Councilmember Lambert moved and Councilmember Turner seconded to adopt the Consent Agenda, which motion carried, all members voted aye. #1. a. RE: Setting the date of October 14, 2003 at 7:00 p.m. to accept public comment and consider adopting an ordinance rezoning property located at 1436 South West Temple Street from General Commercial and Residential Multi-Family to Residential Mixed-Use pursuant to Petition No. 400-02-36. b. RE: Setting the date of October 14, 2003 at 7:00 p.m. to 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. (P 03-21) #2. RE: Setting the date of October 9, 2003 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending the table of uses for the Gateway Mixed- Use zoning district to make department stores either a condition use of a permitted use and related matters. (P 03-22) #3. RE: Adopting Resolution 44 of 2003 appointing election judges for the 2003 Salt Lake City Primary and General Elections. (U 03-20) #4. RE: Approving the appointment of Wendy L. Rendon to the Community Development Advisory Committee for a term extending through July 3, 2006. (I 03-21) The meeting adjourned at 8:21 p.m. cm 03 - 5