The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 14, 1999, at 6:07 p.m. in Room 315, City Council Chambers, City & County Building, 451 South State Street.
The following Council Members were present:
Carlton Christensen Joanne Milner Tom Rogan
Deeda Seed Bryce Jolley Roger Thompson
Keith Christensen
Mayor Deedee Corradini; Roger Cutler, City Attorney, Cindy Gust-Jenson, Council Executive Director; and Chris Meeker, Chief Deputy City Recorder, were present.
Councilmember K. Christensen presided at and conducted the meeting.
OPENING CEREMONY
#1. The Council lead the Pledge of Allegiance.
#2. Councilmember Jolley moved and Councilmember Seed seconded to approve the minutes of the City Council meeting held December 7, 1999, which motion carried, all members voted aye.
(M 99-1)
CITIZEN COMMENTS TO THE CITY COUNCIL
The following citizens spoke in support of the University Light Rail Transit Project on 400 South.
Richard Wirick, Downtown retailer.
Gene Carr, Center for Public Policy at the University of Utah, Urban Planning program instructure.
Sandy Held, Business manager at This is the Place Heritage Park.
Sara George, Director of the Utah Museum of Natural History and the Hansen Planetarium.
Kenneth Jackman, University of Utah student.
Rob Anderson, University of Utah student.
Jim Cook, University of Utah employee and president of the staff association.
Barbara Brown, Environmental Psychology instructor at the University of Utah.
Bill Hanewinkel, Citizen.
David Ailion, University of Utah instructor.
Jay Mumma, University of Utah.
Amy Brunvand, Librarian at University of Utah.
Scott Cowley, Citizen.
Natalie Noel, Student at the University of Utah.
Ed Lewis, President of the NAACP and local business owner.
Peter Martin, Transportation specialist and representative of the Transportation Advisory Board.
Jan Price, University of Utah student and 300 South home owner.
Bob Farrington, Executive Director of the Downtown Alliance.
Roger Borgencht, Director of Assist and Chair of Future Moves Collation.
Aaron Lefohn, University of Utah instructor, requested that light rail run on Sunday.
Professor Philip Emmi, Professor of Urban and Regional Planning at the University of Utah.
Lynn deFreitas, Property owner in the University area.
Brian Roberts, Citizen, requested a light spur line to the University stadium and to the hospitals.
Margaret Battin, Professor of Philosophy at the University of Utah.
Brandy Farmer, Citizen.
Peter Prawel, Citizen, asked the Council to make the first spur of light rail go to the North.
Peter Kraus, Librarian at the University of Utah.
Vern Cotton, Administrator for a cost to cost transportation company. Mr. Cotton asked the Council to adopt a Transportation Master Plan.
Mark Terran, 400 South resident.
Jim Webster, Council District 6, asked the Council to conduct a study to provide an incentive to people living within walking distance of light rail.
The following citizens spoke in opposition of the University Light Rail Transit Project on 400 South.
Mike RioRdan, Citizen.
Steven Lowe, District 3, submitted a copy of UTA's Salt Lake Tribune bonding ad of July 4, 1999 and the position paper by the committee to Stop East to West Light rail.
Paul Hanseen, Citizen.
Robin Petty, District 1.
Douglas Cotant, Citizen.
Richard Harkness, Citizen.
Richard Bird, 400 South property owner.
Preston Parkinson, Civil Engineer, class of 1924.
Joseph Koncurat, Citizen.
Robert Kimsey, Citizen.
Janalee Tobias, Citizen
Brian Smoot, 400 South business owner.
John Webb, 400 South business owner.
Bryan Piteck, 400 South business owner.
Jesse Sielhorst, Delivery driver.
Michael Swope, University of Utah student and 400 South business owner.
John Straley, Citizen
Richard Smoot, 400 South business owner.
Doug Wright, Member of the Fort Union Community Council.
Guy Rivingtan, Delivery driver.
Dan Niitsuma, Citizen.
Mike Fiefield, 400 South business owner.
The following citizens spoke in support of Monorail instead of the Light Rail Transit Project.
Jerry Willmore, Citizen and Transportation Specialist.
Ray Black, 400 South property owner.
John Straley, Citizen.
Laureen Russell, Citizen.
Mike Fiefield, 400 South business owner.
The following citizens were in support of the University Light Rail Transit Project on 400 South, but did not wish to speak.
Gary Harding
Vicki Colton
Janet Finney
Craig Forester
Sandra Cederholm
Kristin Kraus
Bonnie Baty
Angela Harding
Jennifer Askey
Dale Askey
Keven Rowe
The following citizens were in opposition of the University Light Rail Transit Project on 400 South, but did not wish to speak.
D. Houseal
Drew Chamberlain
John Bolton
CONSENT AGENDA
ACTION: Councilmember Seed moved and Councilmember Thompson seconded, to approve the consent agenda, which motion carried, all members voted aye.
#1. Adopting Resolution 102 of 1999 authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation, Murray City Corporation and Sandy City Corporation, relating to the purchase by Salt Lake City of all outstanding non-municipally owned shares of Cahoon and Maxfield Irrigation Company; the acquisition by Salt Lake City of the Company shares owned by Murray City and Sandy City in exchange for certain water rights; the acquisition by Murray City of the Company's ditch system; and related matters.
(C 99-1116)
#2. Approving the reappointment of Maureen Wilson to the Mosquito Abatement District for a term extending through December 31, 2003.
(I 99-27)
#3. Approving the reappointment of Blaine Linck to the Mosquito Abatement for a term extending through December 31, 2003.
(I 99-27)
#4. Approving the appointment of Edwin John Kennedy to the Capital Improvements Program Board for a term extending through June 3, 2002.
(I 99-17)
#5. Approving the appointment of Kay Berger Arnold to the Planning Commission for a term extending through July 1, 2003.
(I 99-21)
UNFINISHED BUSINESS
#1. RE: Adopting an ordinance enacting Chapter 2.78, Salt Lake City Code, pertaining to the Multi-Ethnic Community Resource Board.
ACTION: Councilmember Thompson moved and Councilmember Seed seconded to adopt Ordinance 101 of 1999, which motion carried, all members voted aye.
DISCUSSION: Councilmember Milner said she appreciated other Council Members support regarding this issue.
Councilmember Seed thanked Council Members Milner and Rogan for moving this issue forward.
Councilmember Rogan said this program would accomplish great things for the human infrastructure of the City.
(O 99-38)
#2. RE: Adopting a resolution approving process and evaluation guidelines developed by the Public Services Department regarding the City's Dogs Off-Leash Program.
ACTION: Councilmember Seed moved and Councilmember C. Christensen seconded to adopt Resolution 101 of 1999, which motion carried, all members voted aye except Councilmember Jolley who voted nay.
DISCUSSION: Councilmember Thompson said it was important to ask dog owners to be responsible with regard to control of their animal.
Councilmember Jolley said his concerns were with dog owners who needed to be more responsible. He asked that the program be reevaluated. He said he opposed the resolution.
Councilmember Rogan said Councilmember Jolley raised a valid issue but the program needed to move forward. He said he supported the program and asked other Council Members to support the issue.
Councilmember K. Christensen said he had some concerns but would support the resolution. He said the issue could come back to Council in the future.
(O 97-5)
#3. RE: Adopting an ordinance amending Sections 8.04.390 and 15.08.070, Salt Lake City Code, relating to animals running at large.
ACTION: Councilmember Seed moved and Councilmember Rogan seconded to adopt Ordinance 102 of 1999, which motion carried, all members voted aye, except Councilmember Jolley, who voted nay.
(C 97-5)
#4. RE: Adopting an ordinance amending the Sugar House Master Plan, pursuant to Section 10-9-303, Utah Code annotated and pursuant to Petition No. 400-98-24.
ACTION: Councilmember C. Christensen moved and Councilmember Thompson seconded to adopt Ordinance 103 of 1999, which motion carried, all members voted aye.
(P 99-37)
#5. RE: Adopting a resolution adopting the Salt Lake City Council Housing Policy Statements.
ACTION: Councilmember Seed moved and Councilmember Milner seconded to adopt Resolution 104 of 1999, which motion carried, all members voted aye.
DISCUSSION: Councilmember C. Christensen reviewed some of the issues related to the Housing Policy Statement.
Councilmember Rogan said he was encouraged by the commitment of the Mayor elect to the issue and to the commitment from Councilmember Seed.
(P 98-35)
#6. RE: Adopting a joint resolution adopting the Salt Lake City Inventory of Capital Needs: Fiscal Year 2000-2019 (the "Twenty-Year Inventory") in order to: (1) comply with Section 11-36-201(2) of the Act; and (2) guide future capital improvement planning and budgeting decisions of the City.
ACTION: Councilmember Thompson moved and Councilmember Seed seconded to adopt Resolution 105 of 1999, which motion carried, all members voted aye.
(R 99-7)
#7. RE: Adopting a resolution to adopt the Capital Improvement Program Five Year Plan for fiscal year 2000/2001 through fiscal year 2004/2005.
ACTION: Councilmember Thompson moved and Councilmember Seed seconded to adopt Resolution 106 of 1999, which motion carried, all members voted aye.
DISCUSSION: Councilmember Thompson said this was a step to address infrastructure needs.
(R 99-8)
#8. RE: Adopting a resolution to adopt capital and debt management policies.
ACTION: Councilmember Rogan moved and Councilmember Seed seconded to adopt Resolution 107 of 1999, which motion carried, all members voted aye.
(R 99-9)
At this point of the meeting Councilmember K. Christensen yielded the presiding chair to Councilmember Rogan.
#9. RE: A. Adopting a resolution authorizing the approval of an Interlocal Agreement regarding operating funding of the University Light Rail Transit Project, between Salt Lake City Corporation and Utah Transit Authority.
B. Adopting a resolution authorizing the approval of an Interlocal Agreement regarding the design and construction of the University Light Rail Transit Project, among Salt Lake City Corporation, Utah Transit Authority, Utah Department of Transportation and the University of Utah.
ACTION: Councilmember K. Christensen moved and Councilmember Milner seconded to adopt Resolution 108 of 1999 and Resolution 109 of 1999, subject to the following conditions, which are to be applied to the fullest extent consistent with the law and the Constitution:
UTA will not accept funds from the Legislature that Salt Lake City otherwise would be entitled to in addition to the 10-year, 2/64 amount.
UTA agrees not to request, recommend or follow-through with a referendum to fund operations and maintenance unless all governmental entities within the light rail service area are included in the referendum.
UTA, the Utah Department of Transportation and the University of Utah will oppose any specific aspect of state legislation or the state budget that seeks to divert property tax, sales revenue generated by the 1/64th in sales tax revenue.
Sunday operations will be established as soon as is reasonably possible, which no vote was taken.
Councilmember Seed moved and Councilmember C. Christensen seconded to suspend the rules, allowing representatives from the University of Utah and the UTA to speak to the motion, which motion carried, all members voted aye.
John Inglish, Utah Transit Authority reviewed the conditions list. He said UTA had agreed on the third issue but the University had not yet agreed. Kathryn Pett, UTA General Counsel, joined Mr. Inglish at the podium. Mr. Inglish said with regard to item No. 2, UTA did not have the authority to call for a referendum. He said UTA did not disagree with the issue, but did not want a referendum to fund future operation and maintenance. He said Item No. 4, Sunday service was covered in the agreement. He said Sunday service was a high priority under the Regional Council Transit plan.
Councilmember K. Christensen said Light Rail was a regional issue. He said it was not just Salt Lake City's transit system. He said the condition list was protective for Salt Lake City.
Councilmember Thompson asked Mr. Inglish if UTA had a problem with Item No. 1. Mr. Inglish said legally UTA would not be able to turn down funding if the State Legislature passed a law.
Councilmember C. Christensen moved and Councilmember Jolley seconded to substitute a motion, to approve the interlocal agreement as written, which no vote was taken.
Councilmember Jolley moved and Councilmember Milner seconded to make a second substitute motion to approve the agreement including Item 2 of Councilmember K. Christensen's conditions that UTA agreed not to request, recommend or follow-through with a referendum to fund operations and maintenance unless all governmental entities within the light rail service area were included in the referendum, which no vote was taken.
Councilmember Jolley moved and Councilmember Seed Seconded to amend the substitute motion to include the wording "UTA agrees not to request, recommend or promote a referendum to fund operations and maintenance of the University Line, unless all governmental entities within which the light rail line physically runs, (Sandy City, Midvale City, Murray City, South Salt Lake City and Salt Lake City) are included in the referendum", which motion carried, all members voted aye.
DISCUSSION: Councilmember K. Christensen said the issue was important to all citizens. He said the agreement had improved since November 4, 1999. He stated the improvements:
Agreement by UTA to limit the City contribution to 1/64th-cent sales tax for ten years.
UTA's commitment to assume all maintenance funding after 10 years.
No curb movements east of 1050 East.
Bus service retained on 400 South.
University of Utah's commitment to build covered parking structure with spaces dedicated to public parking.
City Council control of $3.5 million in project savings on use of catenary wire.
Expanded City representation on community coordination team.
Increased community involvement through community coordination teams.
City Council advise and consent on City representation on community coordination teams.
Commitment to examine parking options for residents east of 1000 East.
Councilmember C. Christensen spoke to his substitute motion. He said negotiations had taken place and he believed that the agreement had alternatives which would provide reasonable ways to mitigate any issues which might come up. He said the West/East light rail was needed and would prove to be a good thing for the City.
Councilmember Jolley spoke to Councilmember C. Christensen's substitute motion. He asked that the conditions made in Councilmember K. Christensen's motion be strongly considered by the UTA, Utah Department of Transportation and the University of Utah, as part of the agreement. He said the Council had evaluated Light Rail and was comfortable that the City needed it.
Councilmember K. Christensen asked the Council to carefully consider the substitute motion made by Councilmember C. Christensen. Councilmember K. Christensen said he would give up Item No. 1. Councilmember K. Christensen said he was still concerned with Item No's. 2 and 3. He said these items would permit UTA to move forward and protect the City in a complete way. He said when operation and maintenance shortages needed to be discussed, the citizens of Salt Lake City would not be the only participants paying. He asked that the substitute motion fail and that the Council consider his motion with the removal of Item No. 1.
Councilmember Thompson said he supported Councilmember C. Christensen's substitute motion. He said Item No. 2 would require UTA to put a County-wide plan in place. He said in a discussion with UTA they had stated that UTA was not getting support from Salt Lake County, but many municipalities supported spurs through sales tax revenues. He said Item No. 3 was contrary to what state agencies could do.
Councilmember Seed said the proposal had improved in the last 30 days. She said funding issues, urban design issues, and parking issues still needed to be addressed. She said she would support Councilmember C. Christensen's substitute motion.
Councilmember Milner said she supported light rail and mass transit. She said her concerns had been addressed with the new proposal. She said the issue was whether the burden should fall totally on the citizens of Salt Lake City. She said this was a regional issue. She said she did not want to vote against light rail, but was concerned with the 1/64th tax. She said past experience had showed that the City Council should be cautious. She said she would not vote against light rail.
Councilmember Rogan said he agreed with Councilmember Milner. He said he would not vote against light rail, but would vote against the substitute motion. He said the Council could act responsibly and protect the taxpayers and citizens of Salt Lake City and still have West/East light rail. He asked the Council to support the conditions which Councilmember K. Christensen had made in his motion. He asked Council Members to vote against Councilmember C. Christensen's substitute motion and vote for Councilmember K. Christensen's motion.
Councilmember Jolley asked Councilmember K. Christensen what his concerns were. Councilmember K. Christensen said Items No. 2 and No. 3 were not covered in the agreement. He said Item No.2 was an important condition and needed to be clarified. He said he would vote in favor of the agreement if Item No. 2 was included in a seconded substitute motion.
Mayor Corradini said the proposed amendment to the seconded substitute motion concerned her. She said UTA should have input into the issue. She said the proposed amendment to the seconded substitute motion could risk the project.
Mr. Inglish said UTA did not have the authority to call for a referendum. He said that was up to Salt Lake City. He said UTA was concerned with the language "UTA agreed not to request, recommend or follow-through with a referendum". He asked if West Valley requested a referendum on transit, did this suggest that UTA would not work with West Valley City. He said the 1/64th was all UTA needed from Salt Lake City. He said if other short falls occurred UTA would cover them.
Councilmember Rogan suggested the following wording for consideration "UTA agrees not to request, recommend or promote a referendum to fund operations and maintenance of the University Line unless all governmental entities within the light rail service area, presently Salt Lake County, are included in the referendum."
Mr. Inglish suggested the following wording for consideration "UTA agrees not to request, recommend or promote a referendum to fund operations and maintenance of the University Line unless all governmental entities within which the light rail line physically runs, (Sandy City, Midvale City, Murray City, South Salt Lake City, and Salt Lake City) are included in the referendum."
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance to amend Salt Lake City Code, Section 15.16.031, to reflect the following changes: create an advanced tee time reservation fee; adjust the fees charged for tournament play; and change the wording in the existing ordinance to clarify the discontinuation of the season pass.
ACTION: Councilmember Seed moved and Councilmember Jolley seconded to close the Public Hearing, which motion carried, all members voted aye.
Councilmember Jolley moved and Councilmember Thompson seconded to adopt Ordinance 104 of 1999, which motion carried, all members voted aye.
DISCUSSION: Gary Harding was in opposition of amending Salt Lake City Code Section 15.16.031 but did not wish to speak.
(P 99-36)
#2. RE: Accept public comment and consider amending Salt Lake City Ordinance 63 of 1999, which adopted the Final Budget of Salt Lake City, including the employment staffing document, for Fiscal Year 1999-2000.
ACTION: Councilmember Jolley moved and Councilmember Thompson seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Jolley moved and Councilmember Thompson seconded to adopt Ordinance 105 of 1999, which motion carried, all members voted aye.
(B 99-14)
#3. RE: Accept public comment and hear protests concerning the proposed creation of Salt Lake City, Utah, Railyard Special Improvement District for the purpose of constructing and financing improvements identified in the Notice Of Intention approved by the City Council on November 16, 1999.
ACTION: Councilmember Thompson moved and Councilmember Rogan seconded to close the public hearing, which motion carried, all members voted aye.
(Q 99-11)
#4. RE: Accept public comment and consider adopting an ordinance enacting General Fund impact fees for roadway facilities; parks, recreation facilities, open space, and trails; and public safety facilities
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Jolley moved to table the ordinance, no second was heard, motion was lost.
Councilmember C. Christensen moved and Councilmember Rogan seconded to adopt Ordinance 106 of 1999, enacting Chapter 18.98 of the Salt Lake City Code, relating to impact fees and amend the Affordable Housing Waiver to read Affordable housing means (1) rental housing for which the annualized rent does not exceed thirty (30) percent of the annual income of a family whose income equals sixty (60) percent of the median income for Salt Lake City, as determined by the United States Department of Housing and Urban Development; and (2) non-rental housing for which the annualized mortgage payment does not exceed thirty (30) percent of the annual income of a family whose income equals the following scale;
80% of the median income-100% waiver.
90% of the median income-75% waiver.
100% of the median income-50% waiver.
As determined by the United States Department of Housing and Urban Development, which motion carried, all members voted aye except Council Members Jolley and K. Christensen.
DISCUSSION: The following citizen was in support of adopting an ordinance enacting General Fund impact fees for roadway facilities; parks, recreation facilities, open space, and trails; and public safety facilities.
Juan Arec-Larreta
The following citizens were in opposition of adopting an ordinance enacting General Fund impact fees for roadway facilities; parks, recreation facilities, open space, and trails; and public safety facilities.
Lisa Schramm, Mortgage Loan Officer with First Security Bank.
Rex Fraser, representing Ivory Homes.
John Francis, Citizen.
Willis Boyd, Commercial Developer.
Kris Longson, representing JP Realty, The Boyer Company, Howa Construction, Oakland Construction, Woodbury Corporation, Johansen-Thakeray & Company, presented a letter of opposition to the City Council and asked to have a conversation with the City Council as a group.
Cary Dunn, Architect and Commercial real-estate developer.
Stewart Knowlton, Sales Manager for Ivory Homes.
Spencer Greer, Executive Officer for Homebuilders Association of Greater Salt Lake.
Scott McCleary, Builder.
Bob Moore, Commercial real-estate business.
Dan Lofgren, Prowswood.
Robert Farnsworth, Chair of Salt Lake Board of Realtors.
The following citizens were in opposition of adopting an ordinance enacting General Fund impact fees for roadway facilities; parks, recreation facilities, open space, and trails; and public safety facilities but did not wish to speak.
Arthur Morton
Mark Wilkinson
Don Sanborn
Thom Williamsen
Glen McKay
Councilmember Jolley said he was concerned with the unresolved issues. He said he supported the concept, but was uneasy with not addressing the commercial component. He said he could not support the motion.
Councilmember C. Christensen said the Council had asked for an analysis of commercial rates as compared to other cities. He said he did not think the analysis had to be in his motion. He said the ordinance would improve the quality of life for the residents of his district. He said the ordinance would provide developers with fair opportunities and would allow growth in the City.
Councilmember Thompson said impact fees in other states were substantial. He said if developers paid their way, in terms of taxes generated, the City would be ahead. He said impact fees made fiscal sense to the City and was a vital part of the overall plan to take care of infrastructure needs. He said he wanted everyone to be clear on the fact that the ordinance stated that if a development could show that it generated more taxes than the cost of the infrastructure, then that portion would be refunded.
Councilmember Rogan said the Council had spent time on the issues within the context of the larger fiscal issues which needed to be addressed on behalf of the City. He said he was convinced that the City needed to go in this direction.
Councilmember K. Christensen said he supported impact fees, but he was also concerned about not addressing the commercial component. He said he believed that the ordinance would be out of line with regard to the commercial sector. He said the people component had not been looked at. He said infrastructure was important, as well as sales, tax dollars, and jobs. He said he would not support the motion.
The meeting adjourned at 10:03 p.m.
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