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.
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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.
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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
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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
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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
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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
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