The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, December 7, 1999, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State.
The following Council Members were present:
Carlton Christensen Joanne Milner Tom Rogan
Roger Thompson Deeda Seed Bryce Jolley
Keith Christensen
Kay Christensen, Deputy Mayor; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Scott Crandall, Deputy City Recorder were present.
Councilmember K. Christensen presided at and conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Jolley moved and Councilmember Seed seconded to approve the minutes of the Salt Lake City Council meetings held November 9, 1999 and November 16, 1999, which motion carried, all members voted aye.
Councilmember K. Christensen said recent progress had been made to improve the east/west light rail alignment deal. He said this was an important issue to the community and the Council hold a discussion at the December 9, 1999 Work Session meeting. He said at that time, the Council would decide whether or not the issue would be scheduled for the Regular Session on December 14, 1999. Council Members were in favor of the decision.
#3. Adopting a joint resolution with the Mayor expressing support for fluoridation.
ACTION: Councilmember Seed moved and Councilmember Rogan seconded to adopt Resolution 93 of 1999, which motion carried, all members voted aye.
The resolution was read by Councilmember Milner and presented to Kathryn Vedder, M.D., M.P.H., Executive Director of Salt Lake City/County Health Department.
(R 99-1)
#4. Adopting a joint resolution with the Mayor expressing support for the District Three Commuter Traffic Plan.
ACTION: Councilmember Seed moved and Councilmember Milner seconded to adopt Resolution 94 of 1999, which motion carried, all members voted aye.
The resolution was read by Councilmember Rogan and presented to Katherine Gardner, Richard Leonard, Mary McDonald, Bonnie Mangold and Polly Hart.
Councilmember Thompson said the principals stated in the resolution could be applied to all Council districts. He said traffic needs of the entire City needed to be considered when funds were allocated and studies were performed.
Councilmember C. Christensen said he supported the resolution and applauded the Community Councils and residents for working closely with the City's Transportation Department. He said he had some reservations as he read through the resolution concerning policy implications and fiscal issues associated with the proposed plans. He said after talking to Councilmember Rogan, he realized the intent was to continue the community's effort. He said he also thought this issue should be looked at from a City-wide perspective.
Councilmember Rogan said he commended the Capitol Hills and Greater Avenues Community Councils for working together to identify common concerns and developing ways to address those concerns. He said he hoped this would serve as a model for other areas of the City and the policy set forth in the resolution would help direct future activities.
(R 99-1)
COMMENTS TO THE CITY COUNCIL
Bruce Baird, Salt Lake City, submitted written comments and spoke concerning the proposed moratorium at 901 and 945 East 2100 South. He said he was legal counsel for Simper Development. He said this would greatly impact the developer and believed the Administrative moratorium was invalid. He said the development was vested under Western Land Equities and a fully compliant application was filed under existing zoning requirements. He said the developer's intention to proceed under those conditions and the moratorium would only create additional costs for both the developer and the City.
Neuman Petty, Salt Lake City, said his family owned the property affected by the proposed moratorium. He said he wanted the current zoning to remain in place and felt the proposed development was appropriate.
The following people spoke and/or submitted written comments in favor of east/west light rail. Barbara Brown, Bill Hanewinkel, Douglas Perkins, Lynnette Fisk, Edie Trimmer, Ryan Oakes,; Shauna Davis, Stephen Coles, Sander Lazar, Bob Farrington, Richard Chong, Jay Mumma, Amy Brunvand, Scott Cowley, Ariel Mumma, Tyson Carbaugh-Mason, David Lawver, Cameron King, Jennifer Askey, Dale Askey, all of Salt Lake City; and Benjamin McAdams, University of Utah.
The following people spoke and/or submitted written comments in opposition to east/west light rail. Brian Smoot, John Webb, Stephen Pace, William Jansen, all of Salt Lake City; Drew Chamberlain, South Jordan, and Mike Packard, Sandy, Utah.
Joyce Valdez and Tom Guinney, both of Salt Lake City, submitted written comments regarding fluoridation.
(M 99-1)
CONSENT AGENDA
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to approve the Consent Agenda, which motion carried, all members voted aye.
#1. RE: Adopting Resolution 95 of 1999 authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation: a Cooperative Agreement Design Engineering Reimbursement between the Utah Department of Transportation and Salt Lake City Corporation regarding the Jordan River Bike Path Project, California Avenue to 2100 South Phase II, 1700 South to 2100 South, identified as Project No. STP-LC35(115).
(C 99-1095)
#2. RE: Adopting Resolution 96 of 1999, authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Utah Department of Transportation: a Cooperative Agreement Design Engineering Reimbursement between the Utah Department of Transportation and Salt Lake City Corporation, regarding a project at the Jordan River Bridge at 1100 West and 1100 South, identified as Project No. BRO-LC35(113).
(C 99-1096)
#3. RE: Adopting Resolution 97 of 1999, authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Envision Utah to hire a consultant, Calthorpe Associates, to develop a transit-oriented development study for Block 37, the land area bounded by 400 South on the north, 300 East on the east, and 500 South on the south and 200 East on the west.
(C 99-1097)
#4. RE: Adopting Resolution 98 of 1999, authorizing the approval of a contract between Salt Lake City Corporation and the State of Utah Office of the Governor to hire a consultant to develop a transit-oriented development study for Block 37.
(C 99-1098)
UNFINISHED BUSINESS
#1. RE: Adopting an ordinance enacting a temporary moratorium prohibiting certain development activities on the properties located at 901 and 945 East 2100 South.
ACTION: Councilmember C. Christensen moved and Councilmember Jolley seconded to adopt Ordinance 97 of 1999, which motion carried, all members present voted aye, except Council Members K. Christensen and Thompson, who voted nay.
DISCUSSION: Councilmember Thompson said he felt the properties should be handled separately. He said the moratorium would only affect the parcel located at 901 East 2100 South. Cindy Gust-Jenson said she was told the Planning Commission had both parcels scheduled for December 9, 1999. She said Planning indicated they wanted to complete the process as soon as possible and would not take the full six months on either property. She said McDonalds needed the new zoning in order to accomplish their plans.
Councilmember K. Christensen said the applicants needed to be treated fairly and wanted Planning to address the issue quickly. He said if the process took too long the Council could remove the moratorium. He said the City did not want to lose the opportunity to be fair with existing property owners and businesses wanting to locate in the City. Ms. Gust-Jenson said the Council could address the issue as soon as the advertising requirements were met. Councilmember K. Christensen said he wanted the issue addressed during the month of January, 2000.
(O 99-37)
#2. RE: Adopting a resolution amending and restating Resolution 83 of 1999 adopted by the Salt Lake City Council on November 2, 1999, which amendment without revising any other substantive provision of Resolution 83 of 1999, changes the deadline for filing written protests, establishes a new date for a public protest hearing and eliminates any designation of assessments as taxes, so that this is a restated resolution declaring the intention of the City Council of Salt Lake City, Salt Lake County, State of Utah, to construct improvements on certain streets and public rights of way in Salt Lake City including earthwork, installation of new water lines, and sewer lines and storm drainage facilities, concrete curb, gutter and sidewalks, street lighting, median park strip with landscaping, concrete pavement, traffic signals and grading for certain medians, optional drive approaches; and other miscellaneous work which is necessary to complete the above improvements; to create Salt Lake City, Utah Special Improvement District No. 103009; to defray the cost and expenses of the Improvement District by special assessments to be levied against the property benefited by such improvements; to provide notice of intention to authorize such improvements and to fix a time and place for receiving and hearing protests against such improvements or the creation of said district; and related matters.
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to adopt Resolution 99 of 1999, which motion carried, all members voted aye.
(Q 99-7)
#3. RE: Adopting a resolution of the City Council of Salt Lake City, Utah finalizing the terms and conditions of the issuance and sale of its motor fuel excise tax revenue bonds, Series 1999 in the aggregate principal amount of $5,155,000; awarding and confirming the sale of the 1999 bonds; authorizing and approving the execution and delivery of a first supplemental indenture of trust, a bond purchase contract, an official statement, and other documents required in connection therewith; ratifying the use of a preliminary official statement and authorizing a final official statement; authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; and related matters.
ACTION: Councilmember Thompson moved and Councilmember Seed seconded to adopt Resolution 100 of 1999, which motion carried, all members voted aye.
(Q 99-9)
#4. RE: Setting the date of December 14, 1999 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending 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; change wording in the existing ordinance to clarify the discontinuation of the season pass.
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to adopt a motion setting the date of December 14, 1999 for a public hearing, which motion carried, all members voted aye, except Councilmember Thompson, who was absent for the vote.
DISCUSSION: This item was held over and voted on after discussion at the Council's Work Session meeting.
(O 99-36)
#5. RE: Approving the appointment of Jeff Jonas to the Planning Commission for a term extending through July 1, 2002.
ACTION: Councilmember Jolley moved and Councilmember Thompson seconded to approve the appointment, which motion carried, all members voted aye, except Council Members Milner, Seed, and Rogan, who voted nay.
DISCUSSION: Councilmember Seed said Mr. Jonas was currently involved in a development deal in the community and felt the appointment was not appropriate. She said she felt he would not be able perform his duties objectively. She said developers involved in sensitive negotiations should not serve on the Planning Commission. Councilmember Rogan said the City needed to consider the nature of applicants business activities before making appointments. He said from a public policy perspective, it might be better for them to serve in other capacities.
Councilmember C. Christensen said he recognized the concern, however; he did not feel comfortable in penalizing people for their professional skills. He said it would be inappropriate for them to act on issues when their own business affairs were involved. He said existing City ordinances should help prevent that. He said most boards utilize an applicant's professional skills and felt the Planning Commission was no different.
Councilmember Thompson said aside from the project Mr. Jonas was involved with, he felt he would be fair and his experience and expertise would be useful to the Commission. Councilmember K. Christensen said he knew Mr. Jonas and felt he was a man of integrity. He said when a conflict arose, Mr. Jonas would need to excuse himself from participation. He said he agreed with Councilmember C. Christensen and felt Mr. Jonas's experience, discipline, and insight, would help the City.
(I 99-21)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance rezoning property located at 1120 East Kensington Avenue from Residential (R-1-5000) to Residential Business (RB), pursuant to Petition No. 400-99-32.
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Thompson moved and Councilmember C. Christensen seconded to adopt Ordinance 98 of 1999, which motion carried, all members voted aye, except Council Members Milner and Seed, who voted nay.
DISCUSSION: Cindy Cromer, Salt Lake City, said the Reaveley's business had outgrown the Residential Business zoning. She said they were out of space and needed to build a storage facility. She said the only basis for rezoning was ownership which was not a good reason.
Don Brooke, Salt Lake City, said he chaired the East Central Community Council, which voted approximately 4 to 1 against rezoning. He said he felt the planning report was written to support the petitioner's point of view and the Community Council and surrounding neighbors wanted the Council to reject the proposal.
Councilmember Seed said the assorted mix of buildings along 1100 East was an example of poor planning and zoning and eroded the integrity of the neighborhood. She said concerns expressed by the community were relevant and opposed the rezoning.
Councilmember Thompson said he was concerned about alleys located in his district. He said they needed to be maintained and remain functional. He said the interests of the petitioner needed to be balanced with the community. He said the east side of the alley would be improved with landscaping and parking.
Councilmember Rogan said in opposition to the Community Council's interests, he felt the interests of the immediate neighbors in this situation should be a priority and supported the proposal. He said with regard to development along 1100 East and similar streets, a larger policy issue had been raised which would be worth considering. Councilmember C. Christensen said he agreed with Councilmember Rogan. He said some immediate residents spoke to him prior to the meeting and expressed support of the proposal. He said he felt this was an appropriate use of the property.
(P 99-38)
#2. RE: Accept public comment and consider adopting an ordinance rezoning property located at 1106 East 2700 South from Residential Multi-Family RMF-30 to Neighborhood Commercial CN, pursuant to Petition No. 400-98-24.
ACTION: Councilmember Jolley moved and Councilmember Thompson seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Thompson moved and Councilmember Jolley seconded to adopt Ordinance 99 of 1999, which motion carried, all members voted aye.
(P 99-37)
#3. RE: Accept public comment and consider adopting an ordinance enacting Section 12.56.515, Salt Lake City Code, relating to neighborhood parking limitations, and amending Section 12.56.550 relating to penalties for unauthorized use of streets, parking lots and other areas.
ACTION: Councilmember Seed moved and Councilmember Rogan seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Thompson moved and Councilmember Seed seconded to table the item until December 14, 1999, which motion failed, all members voted nay, except Council Members Milner, Seed and Thompson, who voted aye.
Councilmember Jolley moved and Councilmember C. Christensen seconded to adopt Ordinance 100 of 1999, which motion carried, all members voted aye, except Councilmember Seed, who voted nay.
DISCUSSION: Councilmember K. Christensen said there were misconceptions concerning this issue. He said the ordinance would provide the right to park one car on the street per licensed driver per residence, not one car per residence.
The following people spoke or submitted written comments. Robert Howard, David Tew, Dick Schooler, Anatol Oblezov, Marsha Thatcher, and Pamela Jolley, all of Salt Lake City. Comments included availability of off street parking, enforcement, exemptions, theft, inconvenience, and vandalism.
Councilmember C. Christensen asked if the ordinance provided an appeal process for hardship situations such as a person with a work vehicle and a personal vehicle. Rick Graham, Public Services Director, said there was a provision. Councilmember Jolley asked about the 1000 foot provision. Mr. Graham said the provision allowed an individual to park additional vehicles 1000 feet from their property. He said the intent of the ordinance was to allow residents to park in front of their homes. He said this ordinance did not take the place of the street for storage ordinances already in existence.
Councilmember Rogan asked about the effect of deleting the 1000 foot provision. Ms. Gust-Jenson said she understood the 1000 foot provision would not apply as long as there were licensed drivers. Mr. Graham said that was correct. Councilmember Jolley said the provision did not resolve issues he was concerned about. He said City streets should not be used for storage of individuals recreational and other vehicles. The motion was amended with the removal of the 1000 foot provision. Councilmember Thompson proposed delaying action on the ordinance until new language could be drafted.
Councilmember Milner said she was concerned about how the ordinance would be implemented and enforced. Councilmember Rogan said he felt the ordinance would be reactively, rather than actively enforced and would help protect neighborhoods. Councilmember Seed said she felt the ordinance was burdensome, impossible to enforce and would cause trouble between neighbors. She said she thought the street for storage ordinances adequately covered the problem. She said it was not good public policy to address a specific issue with a broad policy.
Councilmember Jolley said the street for storage ordinance was revised in an effort to solve the problem. He said the revision was not effective. He said he realized enforcement was problematic but if done on a complaint basis, he felt the City would be able to work with residents to find a solution to the problem. Councilmember C. Christensen said he initially had the same reaction as Councilmember Seed but in the interim, similar incidents had occurred in his district. He said an effective tool did not exist to deal with the situation. He said he agreed with Councilmember Rogan concerning reactionary enforcement which would be used in extreme circumstances and could ultimately be beneficial. Councilmember K. Christensen said if the Council found the ordinance was unfair, an amendment could be considered.
(O 99-33)
The meeting adjourned at 9:06 p.m.
Sc