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09/09/2003 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 9, 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 Deputy Mayor Rocky Fluhart; Ed Rutan, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Pam Johnson, Deputy City Recorder were present. Councilmember Christensen presided at and conducted the meeting. #1. The Council led the Pledge of Allegiance. PUBLIC HEARINGS #1. RE: Accept public comment and consider adopting an ordinance amending the zoning ordinance Section 21A.38 and Section 21A.26 relating to non-conforming uses and non-complying structures to provide legal conforming status for single family detached dwellings, two-family dwellings and twin homes pursuant to Petition No. 400-02-23. View Attachment ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye except Councilmember Saxton who was absent for the vote. Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Ordinance 63 of 2003, which motion carried, all members voted aye except Councilmember Saxton who was absent for the vote. (0 03-20) #2. RE: Accept public comment and consider adopting an ordinance extending the corporate limits of Salt Lake City to include the Mountair area, consisting of approximately 155 acres of property located generally between 3000 South and 3300 South and between 1100 East and 1700 East, pursuant to Petition No. 400-01-07; amending the Sugar House Master Plan; and amending the Salt Lake City zoning map to zone and designate the properties within that area upon annexation to the City. View Attachment DISCUSSION: The following people spoke or submitted written comments in opposition to the annexation: Lyle Warner, Ralph Morelli, Jerald Hartle, Robert Atkinson, J. Cash Delahunty, County Councilman Joseph Hatch, Kara Cope, Liz Brown and Deputy Salt Lake County Mayor Alan Dayton. Comments included water rights, County services, tax increases, zoning issues and lack of support from the residents and business owners affected. The following people spoke or submitted written comments in support of the annexation: Marc Heileson and Mike Anderson. Comments included the progressive style of the City, the feeling of belonging to a proactive community, curbside recycling, the services provided by the City and the anticipation of a brighter future. 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 Councilmember Lambert said he wanted to speak to his substitute motion. He said until the last three months the majority of residents were in favor of the petition. He said was not ready to make a decision based on recent activity. He said comments had been made stating the City wanted to delay the decision in an effort to persuade residents to change their minds. He said legally the annexation could not be done if the majority opposed it. He said the City had not been responsible for delays in the past. He said the annexation would define the City/County boundaries clearer, but ultimately it was the residents' decision. Councilmember Christensen said he did not want to force anyone to live in the City. He said concerns had been raised about businesses in the area not complying with City zoning codes. He said the City would take those issues into consideration. He said concerns about services had been voiced. He said the City provided better services to their residents. He said he would support the motion to continue the public hearing. ACTION: Councilmember Love moved and Councilmember Jergensen seconded to close the public hearing. Councilmember Lambert made a substitute motion. He moved and Councilmember Buhler seconded to continue the public hearing until a date determined by Council, but not later than December 9 2003, which motion carried, all members voted aye, except Councilmember Saxton who was absent for the vote. (P 01-2) #3. RE: Accept public comment regarding the Salt Lake City Traffic Calming program. View Attachment DISCUSSION: The following people spoke or submitted written comments in opposition to the traffic calming program: Mary Rich, John Storrs, Lewis Wilson, Bettegene Watson, M. Hollstein, S. Hollstein, Thomas Wright, Michael Zabriskie, Steven Packman, Michele Zabriskie, Bob Siciliano, Benjamin Curtis, Dale Zabriskie, G. E. Thomas, David Curtis, R. M. Wirick and Dawn Levingston. Comments included lack of proof that safety was increased, speed bumps became obstacles in the roadways, traffic from main corridor streets traveled through small neighborhoods to avoid speed bumps, additional emission pollution, impeding traffic flow, vehicle damage, additional commute time, increased speeding, additional street damage, more interest in east side traffic problems, encouraging thrill seekers, reckless driving to avoid speed bumps, creating longer response time for emergency vehicles, and cost to City residents. Many speakers suggested the cost be spent elsewhere. The following people spoke or submitted written comments in support of the traffic calming program: Kevin Jones, Jon Robinson, David A. Galvan, Kurt Gee, Jay Ingleby, Jim Jenkin, Bill Chippendale, Karen Chippendale, Tyler Rentz, Glenda Skenkal, Jilene Whitby, Anne-Marie Wright, Stacey Cole, Julia Robinson, Jesse Draper, R. M. Wirick and Derek Payne. Comments included decreased speeding, safer travel routes for school children and other daily pedestrians, eliminating additional police enforcement, vehicle noise control, enforcement of posted speed limits, making drivers more courteous, safer for small children playing outside, increased neighborhood involvement, crime deterrent, driver calming, and the safety of pets and other animals. J. Michael Clara, Utah Transit Authority (UTA) , said although UTA remained neutral on this issue, he did want to give Council Members some facts. He said extensive testing had been done, and speed bumps did not damage City buses. He said bus routes had not been changed or eliminated on streets with speed bumps. 03 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 Lia Eckhardt, Salt Lake City, said traffic calming measures needed to be increased. She said 800 South had become a raceway. She said she was concerned with the safety of elderly residents in the area. She said several serious accidents had occurred resulting in property damage. Jilene Whitby, Salt Lake City, said the issue should be traffic calming, not speed bumps. She said streets with center dividers seemed to slow down traffic. Michael Zabriskie, Juvenile Court Prosecutor, said he had an increasing number of cases where joy rider' s sought out speed bumps to race across. He said speed bumps encouraged more danger than they prevented. Michele Zabriskie, Salt Lake City, said streets were created to move traffic. She said parents should teach their children not to play in the street. Dale Lund, Salt Lake City, said he was concerned about the cost of each speed bump. He said the monies should be spent hiring additional police officers. He said they could ticket speeders. He said the City would profit from the additional revenue. He said another option would be additional four way stop signs. Sarah Jenelle Monson, Salt Lake City, asked if Council monitored the extensive construction on City roads. She said construction on South Temple had created serious traffic issues for too long. Councilmember Buhler said the additional time would allow Council to review all the information. He said although there was no option that would please everyone, modifications needed to be made to the current program and the moratorium lifted. Councilmember Love said the additional time and information would help the Council make a better proposal. Councilmember Turner said each community in his district had been represented at the meeting. He said he encouraged their continued involvement in City issues. ACTION: Councilmember Buhler moved and Councilmember Turner seconded to close the public hearing, and move this item to the September 16, 2003 City Council meeting, which motion carried, all members voted aye. (G 03-19) COMMENTS TO THE CITY COUNCIL Douglas Cotant, Salt Lake City, addressed the Council concerning ticketing practices by police on the TRAX line and how the Patriot Act would influence those issued tickets. Richard Wirik, Pamela O'Mara and Fred Mosinger addressed the Council concerning the need for a-frame advertising for downtown merchants. Bonnie Mangold, Salt Lake City, addressed the Council concerning citizen involvement with art and activism. Lee Martinez, Gail Elisson, Paul Burke and David Spatafore addressed the Council in reference to the General Obligation Bonds. They gave Council several examples of programs that would benefit with the funding of the bonds. Jeff Salt, Audubon Society, and Sharon Stets, Tracy Aviary, addressed the Council 03 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 concerning the cultural portion of the bond and wildlife preserves. They asked to be included in the bond funding. Robert Jensen, Chris Hass and Lawrence Buhler addressed the Council in reference to the distribution of beer from brew pubs. They said this would allow City business owners to compete with brew pubs in other municipalities. Terry Green, Planning Manager for the Utah Division of Parks and Recreation, addressed the Council in reference to the cultural portion the bond. He said Federal guidelines prohibited wildlife preserves on land being donated to Salt Lake City. NEW BUSINESS #1. RE: Adopting an ordinance amending Section 12.80.070, of the Salt Lake City Code, relating to bicycle rules and regulations and unlawful acts, and clarifying the direction of travel of bicycles in bike lanes. ACTION: Councilmember Lambert moved and Councilmember Buhler seconded to suspend the rules and adopt Ordinance 64 of 2003, which motion carried, all members voted aye. (0 03-21) UNFINISHED BUSINESS #1. RE: Adopting a resolution providing for a holding of a special bond election on November 4, 2003 for the purpose of submitting to the qualified electors of the City the question of the issuance and sale of General Obligation Bonds of the City; and providing for related matters. View Attachment DISCUSSION: Councilmember Love said projects funded by the bond would improve the way of life in Salt Lake City. She said she hoped Council had made the wording of the bond clear enough so the public would understand what they were voting for. Councilmember Turner said projects funded by the bond would benefit everyone. He said there were programs for youth and the elderly, and projects for both the west and east sides of the City. Councilmember Lambert said he would vote against the bond initiative. He said the bond would be paid by raising taxes. He said the City's high tax rate was one issue raised by those opposing annexation. He said more businesses were moving from the City because of the high cost of being located in the City. He said the City already faced a large deficit. He said there was concern of finding funding to cover existing programs without adding new ones. He said the Council had not received enough information on most of the proposed projects. He said the public was being asked to fund project ideas rather than actual projects. Councilmember Buhler said the Council considered each project extensively. He said approximately 1/3 of the programs had been cut. He said by putting the bond on the election ballot, the citizens of the City would be the ones to decide the merit of each project. He said this would allow residents the opportunity to choose. Councilmember Saxton said her concern was the additional tax burden on the elderly. She said a few dollars made a big difference to those living on fixed incomes. She said the City was operating in the red and next year it would be worse. She said the City needed to operate within its budget. Councilmember Jergensen said he was concerned about the financial burden this 03 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 would place on the elderly in his district. He said of his constituents most were in favor of the proposed projects. Councilmember Christensen said when the new City Library was proposed, it was proposed in a bond and without plans. He said only a proposal was presented to City residents. He said the result was the positive new building more residents use than they did the old library. He said he felt projects proposed in the bond would benefit the residents of the City in the same way. He said many decisions were made as a value choice. He said he wanted the citizens to be able to make that choice. ACTION: Councilmember Love moved and Councilmember Jergensen seconded to adopt Resolution 39 of 2003, which motion carried, all members voted aye, except Council Members Saxton and Lambert, who voted nay. (Q 03-6) #2. RE: Adopting a legislative action requesting the Administration to draft amendments to Salt Lake City Ordinances to allow brew pubs to produce and wholesale no more than 500 barrels of beer a year. View Attachment DISCUSSION: Councilmember Turner said he felt the brew pubs were being shortsighted. He said rather than enlarging each small operation, the brewer's should work together to become a major producer selling Statewide. He said he was not against this type of business and wanted to see them in a location that could handle their growth. ACTION: Councilmember Love moved and Councilmember Saxton seconded to adopt the legislative action, which motion carried, all members voted aye, except Councilmember Turner who vote nay. (0 03-22) #3. RE: Adopting an ordinance amending temporary zoning regulations for portable signs in certain districts. DISCUSSION: Councilmember Turner said he was not in favor of allowing off premise signs. He said while he understood the importance signs on the corner made to the business on 100 South, he had to look at the entire City. He said competing businesses placing signs in front of their neighbor' s business made for an undesirable business community. Councilmember Saxton said it was important for those who made the laws to uphold them. She said during elections, campaign signs were often in violation. Councilmember Christensen said he would vote against the ordinance. He said he was concerned this would create consequences. ACTION: Councilmember Lambert moved and Councilmember Buhler seconded to adopt Ordinance 65 of 2003 amending the temporary zoning ordinance, to define the business hours and change the definitions of any persons. Councilmember Jergensen made a friendly amendment, asking the language in Section 2 Part C, 'and Mixed Use (MU) ' , be omitted from the ordinance, which motion carried, all members voted aye, except Council Members Turner and Christensen who voted nay. (0 03-8) CONSENT AGENDA ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to approve 03 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 9, 2003 the Consent Agenda, which motion carried, all members voted aye. #1. RE: Setting the date of October 9, 2003 at 7:00 p.m. to accept public comment and consider adopting an ordinance creating an airport landscaping overlay district and adopt related changes to the Salt Lake City Code pursuant to Petition No. 400-00-21. (P 03-19) #2. RE: Setting the date of September 16, 2003 at 7:00 p.m. to accept public comment and consider adopting an ordinance 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. (Budget Amendment No. 1) . (B 03-9) #3. RE: Setting the date of September 16, 2003 at 7:00 p.m. to 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. (0 03-20) #4. RE: Approving the reappointment of Melissa Barbanell to the Community Development Advisory Committee for a term extending through July 3, 2006. (I 03-21) #5. RE: Approving the appointment of Susan Cain Webster to the Police Civilian Review Board for a term extending through September 5, 2005. (I 03-15) #6. RE: Approving the appointment of Eligio G. White to the Police Civilian Review Board for a term extending through September 4, 2005. (I 03-15) #7. RE: Approving the appointment of Masood Ul-Hasan to the Police Civilian Review Board for a term extending through September 4, 2006. (I 03-15) #8. RE: Approving the appointment of Nancy Applebee to the Police Civilian Review Board for a term extending through September 4, 2006. (I 03-15) #9. RE: Approving the appointment of Teddi Velarde to the Police Civilian Review Board for a term extending through September 4, 2006. (I 03-15) #10. RE: Approving the appointment of Rebecca Phillips Guervara to the Business Advisory Board for a term extending through December 25, 2006. (I 03-19) #11. RE: Approving the reappointment of Scott R. Christensen to the Historic Landmark Commission for a term extending through July 14, 2006. (I 03-2) The meeting adjourned at 9:46 p.m. pj 03 - 6