The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 3, 1998, 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 Deeda Seed Tom Rogan
Joanne Milner Roger Thompson Bryce Jolley
The following Councilmember was absent:
Keith Christensen
Mayor Deedee Corradini; Roger Cutler, City Attorney; Cindy Gust-Jenson, Executive Council Director; and Beverly Jones, Deputy City Recorder were present.
Councilmember Jolley presided at and Councilmember Milner 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 October 13, October 20, and October 27, 1998, which motion carried, all members present voted aye.
(M 98-1)
CITIZEN COMMENTS TO THE CITY COUNCIL (ON ANY ITEM NOT SCHEDULED FOR A PUBLIC HEARING, AS WELL AS ON ANY OTHER CITY BUSINESS).
Scott Lazar, 1151 East 900 South, said one year ago he had founded Boulders in the Park, a non profit organization charted to put artificial bouldering gardens in City parks and recreation areas. He said the boulders would be built for safety with a safe playground approved cover underneath. He said the boulders would have a maximum height of 8 to 12 feet.
Lonny Danler, 1093 South Windsor Street, said he had been rock climbing for four years. He said socially rock climbing was a good thing because everyone could climb. He said it was expensive to buy the needed equipment to go into the canyons to rock climb.
Justin Brown, 3433 South Wasatch Boulevard, said bouldering and rock climbing had brought him closer to his family and friends. He said bouldering gave him confidence.
Mitch Zollinger, 1093 South Windsor Street, said bouldering was not limited because anyone could boulder. He said bouldering and rock climbing had taught him confidence.
Micah Nickolaisen, 128 South 850 East, Centerville, Utah, said he had not been rock climbing for long. He said rock climbing built self confidence. He said if the boulders were put into parks, they would be accessible to everyone.
Stephen Downes, 978 East Princeton Avenue, said he had heard there were plans for renovation of Liberty Park. He said it would be nice if a project such as Boulders in the Park could be included in the renovation.
Christopher Quann, 936 Princeton Avenue, said when he was first approached about this project, he asked why Liberty Park. He said Mr. Lazar said the purpose of putting boulders in Liberty Park was to expose them to the maximum number of people possible. He said he was concerned about surveillance around the boulders. He said careful site planning could solve most of the problems. He asked how the group got the City's permission to do the project and what was the next step in the process.
Councilmember Jolley said the group could talk with Rick Graham, Director of Public Services.
Councilmember Milner recognized Boy Scout Troops #792 and #78.
Kimball Goddard, 376 H Street, said he was in favor of the dog off-leash proposal in Lindsey Gardens. He said due to enforcement and conflict in the area no dog owners used the park. He said they wanted a trial period.
Jeff Rayner, 765 8th Avenue, said opponents of the Lindsey Gardens off-leash area had said the number one health hazards to children in the USA was dog bites. He said the problem was not with dog bites. He said bad owners made bad dogs because dogs were chained, confined and abused.
Tom Whelon, 725 East 7th Avenue, said he was in favor of the off-leash area of Lindsey Gardens. He said the Community Council supported the area 3 to 1. He said Councilmember Rogan had said he was not motivated to represent the Greater Avenues Community Council decision because he had no vested interest.
Councilmember Rogan said his views had been misrepresented. He said he had encouraged the people who had proposed the expansion of the off-leash area to work through the Community Council. He said that had been done and he had supported the decision of the Community Council.
Susan Rayner, 765 8th Avenue, said she supported the off-leash area at Lindsey Gardens. She said there had been talk of a trial period in the area north of the tennis courts. She said there were no lights by the tennis courts. She said they would not be able to use the off-leash area during winter months because it would be too dark.
Jaynie Brown, 817 East 17th Avenue, read some comments from Robin Kimball, who could not be present. She said the letter stated that it would be dangerous to let dogs run off-leash in Lindsey Gardens. She read that Councilmember Rogan had expressed a desire to propose a smaller area behind the tennis courts for an off-leash area. She said Ms. Kimball would support that if the area was fenced to keep the dogs away from the playground.
Councilmember Rogan said he had put forth a proposal which had been suggested to him by two neighbors in the community. He said one neighbor was in favor of the off-leash area and the other neighbor was not. He said each individual did not know who the other one was. He said he was supportive of the proposal for the dog-leash area to be located behind the tennis courts.
Robert Cummings, 387 M Street, said a few weeks ago the City Council had determined that the temporary off-leash parks should be made permanent. He said he had been told the Parks Department would work on a comprehensive plan to incorporate all comments made during meetings to determine the procedure to expand beyond the three parks. He said he opposed an off-leash park in Lindsey Gardens because it was recommended there be only one off-leash park in every Council area.
Caroline Lepreau, 767 7th Avenue, said she supported the off-leash area in Lindsey Gardens. She urged the Council to give consideration to the process which the Greater Avenues Community Council had worked through. She said the proposal had been overwhelmingly approved by local residents.
Michaela Andruzzi, 514 East 10th Avenue, said she was in opposition to the leash-free area. She said new playground equipment had been placed in the park and children had been invited to come and play. She said the City was failing to protect children and she was concerned about liability.
Susan Malmskog, 379 M Street, said she was opposed to an off-leash area in the southwest section of the park. She said there used to be 20 or 30 dogs running loose every night after work in the park. She said the unleashed dogs would come into her yard.
Suzann Maloney, 775 East 9th Avenue, said she walked her dogs on lease. She said her dogs had been attacked by other dogs running loose. She said the proposed area behind the tennis courts could work. She said she wanted another vote to come before the Greater Avenues Community Council because she felt people who did not live in the area had voted for the off-leash area.
Al Sasithorn, 8401 South 1500 West, West Jordan, Utah, said she was opposed to a dog off-leash area at Lindsey Gardens. She said safety needed to come first for dogs and children.
Nuchanaad Martin, 417 M Street, said she had a petition with 742 names who wanted dogs to be on leash for everyone's safety.
Jay Lepreau, 767 7th Avenue, said he was in support of the proposed off-leash area in Lindsey Gardens. He said he had taken a picture of the park every hour from early morning until dark. He said there had been almost no one in the park all day. He said this conflict had destroyed the neighborhood.
Susan Johnsen, 427 B Street, said they had a number of dogs off-leash on B Street because their owners were taking them to the Freedom Trail in Memory Grove. She said she could not spend time in her front yard because of unleashed dogs.
Kerry Birmingham, 824 7th Avenue, said she was in favor of the off-leash area in Lindsey Gardens. She said the park used to be filled with kids, adults and dogs. She said now no one was using the park.
Sharon Decker, 454 F Street, said she was in favor of the Lindsey Gardens off-leash area because there was no place to walk her dog.
Michael Jaffe, 722 East 7th Avenue, said he was in favor of the Lindsey Gardens proposal. He said handicapped people could reach the southwest corner of the park. He said the tennis courts were not accessible from the road.
Chris Kapsa, 485 M Street, said loose dogs in Lindsey Gardens was not a new problem. She said it had been going on for 16 years. She said she did not use the park anymore. She said dogs were running in packs around the park.
Rob Heineman, 323 M Street, said he supported the Lindsey Gardens off-leash area. He said the Avenues Community Council had held several meetings. He said there had been discussion on all issues. He said the vote was 92 to 36. He said 71.8% were in favor of the proposed off-leash area.
Michael Martin, 417 M Street, said he was opposed to the off-leash area at Lindsey Gardens. He said everyone was leashing their dogs now. He said neighbors were getting along with other neighbors.
Lisa Anderson, 810 East 1st Avenue, said she was in favor of the off-leash area and wanted the park to be off-leash to see if it would work.
Jerry Kellgreen, 328 L Street, did not wish to speak but supported the off-leash area in Lindsey Gardens.
CONSENT AGENDA
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to approve the Consent Agenda, which motion carried, all members present voted aye.
#1. RE: Setting the date of November 17, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending the fiscal year 1998-99 budget.
(B 98-7)
#2. RE: Setting the date of November 17, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending the 1998 Salt Lake City/Salt Lake County landfill budget.
(B 97-8)
#3. RE: Setting the date of November 17, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance adopting the 1999 Salt Lake City/Salt Lake County landfill budget.
(B 98-8)
#4. RE: Setting the date of December 1, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance repealing in its entirety Section 21A.34.060 of the Salt Lake City Code, dealing generally with aquifer recharge protection, and enacting a new Section 21A.34.060 implementing and relating to a new land use regulatory system for the protection of groundwater drinking sources from contamination; establishing enforcement procedures; and related matters.
(O 98-28)
#5. RE: Setting the date of November 17, 1998 at 6:00 p.m. to accept public comment and consider adopting an ordinance amending Sections 5.04.070, 5.64.130, 5.72.240, 12.56.330 and Schedule 1 to Title 5, Salt Lake City Code, pertaining to business license fees.
#6. RE: Adopting Resolution 69 of 1998 authorizing the approval of an interlocal cooperation agreement modification between Salt Lake City Corporation and Utah Department of Transportation for Project No. STP-LC35(101) - Jordan River Bike Path; California Avenue to 2100 South, Phase 1.
(C 97-592)
#7. RE: Adopting Resolution 70 of 1998 authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and University of Utah for the University to perform a pavement crack survey using automated pavement imaging software.
(C 98-787)
UNFINISHED BUSINESS
#1. RE: Adopting an ordinance approving the assessment list; levying an annual assessment upon property in Salt Lake City, Utah Special Lighting District No. 2 (the District); establishing the effective date of the 1998 assessment ordinance; and related matters.
ACTION: Councilmember Seed moved and Councilmember C. Christensen seconded to adopt Ordinance 81 of 1998, which motion carried, all members present voted aye except for Councilmember Rogan who was absent for the vote.
(Q 98-5)
PUBLIC HEARINGS
#1. RE: Accept public comment and consider adopting an ordinance rezoning property located at approximately 1235 South Glendale Drive from R1-5000 (Single Family Residential) to RMF-45 (Moderate/High Density Multi-family) pursuant to Petition No. 400-98-3.
ACTION: Councilmember Seed moved and Councilmember Jolley seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Seed moved and Councilmember Jolley seconded to adopt Ordinance 82 of 1998 upon issuance of the building permit, which motion carried, all members present voted aye.
DISCUSSION: Jay Engleby, 1148 Redwood Drive, asked the Council to approve the zoning. He said they had tried to upgrade their area. He said the proposed zoning was a good thing for the community.
(P 98-72)
#2. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Zoning Code to enact zoning for the Gateway District pursuant to Petition No. 400-98-63. The proposed changes include but may not be limited to: 1) creating a new D-4 Downtown District; 2) creating a new GMU Gateway Mixed Use District; 3) extending the boundary and making amendments to the text of the D-3 Downtown District; 4) making text amendments to the Sign Ordinance; 5) making text amendments to the Off-street Parking and Loading Ordinance; and 6) making text amendments to the Landscape and Buffers Ordinance.
ACTION: Councilmember Jolley moved and Councilmember Seed seconded to close the public hearing, which motion carried, all members present voted aye.
Councilmember Seed moved and Councilmember Jolley seconded to adopt Ordinance 83 of 1998 amending the Salt Lake City Zoning Code and zoning map to implement provisions of the Gateway Development Master Plan and further move that the Council initiate a legislative action requesting the administration to provide an analysis and options for establishing additional creative incentives to provide affordable housing, mid-block streets and mass transit development City-wide and request that the review be provided to the Council by April, 1999; to further move that it was the Council's understanding that the D-1 zone will be amended to include mid-block walkways, which motion carried, all members present voted aye.
DISCUSSION: Max Smith, Chair of the Planning Commission, said the Planning Commission unanimously approved the zoning ordinance. He said the ordinance would bring about the Gateway which the master plan envisioned. He said the issue of affordable housing needed to be revisited. He said many incentives which could be used to encourage affordable housing were implicit in the overall vision the Planning Staff and the Planning Commission had for the Gateway.
Councilmember Thompson asked staff to respond to the issue raised by Howa Construction regarding the fact that some uses in the GMU zone would become conditional uses rather than permitted uses. Bill Wright, Director of Planning and Zoning, said Mr. Howa wanted to hold a discussion on making a contractor's yard a permitted use in the GMU Zone rather than a conditional use. He said a conditional use was appropriate because a contractor's yard could be located adjacent to residential facilities which might not be appropriate. He said extraordinary conditions might need to be placed on contractor's yards in terms of how the property was buffered, how the driveways were oriented or exiting or entering the yard. He said policy did not make the use nonconforming, it meant if Mr. Howa wanted to expand the use, he would have to go through a conditional use process to evaluate how the use would fit on the property.
(P 98-58)
The meeting adjourned at 7:30 p.m.