The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 9, 1999, at 6:10 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 Councilmember Thompson conducted the meeting.
OPENING CEREMONY
#1. The Council lead the Pledge of Allegiance.
Councilmember Thompson introduced Boy Scout Troops 688 and 584.
Councilmember Thompson introduced former Councilmember Don Hale of Council District No. 7, and Council Members elect Van Blair Turner and Dave Buhler.
#2. Councilmember K. Christensen moved and Councilmember Jolley seconded to approve the minutes of the City Council meeting held November 2, 1999, which motion carried, all members voted aye.
(M 99-1)
QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL
Councilmember K. Christensen said recently the media had promoted safety and education of the public regarding light rail. He said on an afternoon radio show listeners had commented that Salt Lake City had set rates of tickets for J-walking at high levels. He said he knew the State had set the rates but he asked the Mayor if Salt Lake City should be so aggressive in enforcing J-walking. He requested that Salt Lake City send a signal that the City was a friendly place to be.
Mayor Corradini said there were serious concerns regarding light rail safety. She said she was checking in to the problem and would also be on the radio show to discuss this. She said citizen safety was the main concern.
CITIZEN COMMENTS TO THE CITY COUNCIL
The following citizens thanked the City Council for stopping the east-west light rail.
Steven Lowe, Co-Chair of the Committee to Stop East-West Light Rail, reviewed a report from the Orange County, California Grand Jury regarding the Orange County light rail system. See file M 99-1 for the handout.
Mark Hale, Co-Chair of the Committee to Stop East-West Light Rail read a letter to the City Council. See file M 99-1 for the handout.
Jason Neeley read a publication from the Salt Lake Tribune from the spring of 1999. He said the author was Peter Samual.
John Webb, business owner located on 400 South.
Drew Chamberlain asked that high occupancy vehicle (HOV) lanes be planned.
Michael Packard, asked that (HOV) lanes be planned.
Ray Black, business owner located on 400 South.
Don Hale, prior City Councilmember and Business owner located on 400 South.
The following citizens spoke regarding various issues.
Fred Mauney spoke regarding corruption in Utah's Federal Courts and security enforcement at the Salt Lake City International Airport. See file M 99-1 for the handout.
Robert Howard spoke in opposition to the neighborhood parking limitations ordinance.
Analee Apgood asked why the east bound lane of 600 North was not open. Mayor Corradini referred Ms. Apgood to Michele Hutchins, Mayor's Administrative Assistant.
CONSENT AGENDA
ACTION: Councilmember Seed moved and Councilmember K. Christensen seconded, to approve the consent agenda, which motion carried, all members voted aye.
#1. Setting the date of December 7, 1999 at 6:00 p.m. to 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 12.56.515 relating to penalties for unauthorized use of streets, parking lots and other areas.
(O 99-33)
#2. Approving the appointment of Mark Smedley to the Transportation Advisory Board for a term extending through September 24, 2001.
(I 99-2)
#3. Approving the reappointment of Kathleen E. McDermott to the Utah Air Travel Commission for a term extending through September 1, 2002.
(I 99-8)
UNFINISHED BUSINESS
#1. RE: Adopting an Ordinance extending the corporate limits of Salt Lake City to include a 2.366 acre parcel located at approximately 1938 South Lakeline Drive, pursuant to Petition No 400-99-11, and amending the Salt Lake City Zoning Map to zone and designate the area as Foothill Residential FR-2 upon its annexation to the City.
ACTION: Councilmember K. Christensen moved and Councilmember Jolley seconded to adopt Ordinance 87 of 1999, which motion carried, all members voted aye.
(P 99-15)
#2. RE: Adopting an ordinance enacting chapter 2.75, Salt Lake City Code, relating to Administrative Traffic Enforcement Program and other related changes. Establishes the Administrative Traffic enforcement Program, decriminalizes certain violations, and establishes appeals process.
ACTION: Councilmember Rogan moved and Councilmember Seed seconded to adopt Ordinance 88 of 1999, with an effective date subsequent to the year 2000 legislative session, which motion failed, no vote taken.
Councilmember C Christensen moved and Councilmember K. Christensen seconded to adopt Ordinance 88 of 1999, to become effective immediately which motion carried, all members voted aye except Council Members Rogan, Seed and Milner who voted nay.
DISCUSSION: Councilmember Rogan said his concern was the $400,000 start up investment. He said the time between now and the end of the legislative session was sufficiently short and there was more to be gained than lost by deferring the effective date.
Councilmember C. Christensen said the administrative court would serve a great service for Salt Lake City. He said he had weighed the financial element and looked at the potential loss. He said he felt it was a risk worth taking.
Councilmember K. Christensen said he was convinced the City was on financially firm ground and should move ahead. He said by waiting, the court could be delayed by more than a year. He said he had talked to Dan Becker, Utah Courts Administrator, and Mr. Becker had given his go ahead. Mr. Becker said the Courts would be talking to the Legislature regarding municipal court issues. Councilmember K. Christensen said one issue for discussion was that municipalities should give a one year notice before the start up of a municipal system. He said a second issue was whether or not administrative law judges should be subject to the judicial code of conduct.
Roger Cutler, City Attorney, spoke regarding the American Civil Liberties Union (ACLU) concerns with municipal courts. He said the ACLU had suggested amending the City's ordinance to require Police Officers to be present at court to testify. Mr. Cutler said the draft ordinance stated a citizen could require the presence of witnesses including Police Officers.
Mr. Cutler said the ACLU was concerned that strict rules of evidence would not have to be followed as adopted in the court system. He said the Civil Service Commission, Small Claims Court, and State administrated tribunals used abbreviated rules of evidence. He said this was not required by law and he recommended not adopting formal rules of evidence.
Mr. Cutler said the ACLU was concerned that the Administrative Law Judge would be adopting the bail schedule or the penalty schedule within the guidelines of the Council. He said the ordinance would adopt the bail schedule of the administrative court as a default until the Administrative Law Judge was in place. He said this was a policy issue. He said the Council could appoint an impartial body.
Mr. Cutler said ACLU was concerned that the Administrative Court would place the poor and ethnic minority members of the community at a disadvantage. He said he failed to see how changing an offense from a criminal offense to a civil offense would change the issue.
Councilmember K. Christensen said the purpose for the Administrative Court system was to deal with municipal matters not serious felonies. He said this was for the benefit of the citizens of Salt Lake City and was in no way a statement that the current court system had failed.
Councilmember Seed said she was concerned about gambling with a substantial amount of money the Administrative Court would cost.
(0 99-31)
#3. RE: Adopting a resolution authorizing the approval of an interlocal cooperation agreement between Salt Lake City Corporation and the Redevelopment Agency of Salt Lake City for acquisition and construction of recreational and cultural facilities, relating to the Gateway.
ACTION: Councilmember K. Christensen moved and Councilmember C. Christensen seconded to adopt Resolution 85 of 1999, which motion carried, all members voted aye.
(C 99-1022)
#4. 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 1999 assessment ordinance; and related matters.
ACTION: Councilmember Rogan moved and Councilmember Seed seconded to adopt Ordinance 86 of 1999, which motion carried, all members voted aye.
DISCUSSION: Councilmember Rogan asked what the location of the district was. Ms. Gust-Jenson said the City had three special lighting districts which were renewed periodically. She said the lighting districts did not relate to a particular area but to a particular renewal schedule. She said locations of the lighting districts were spread out. She said the districts were several years old and the City was not establishing new districts. She said it was more cost effective to place decorative lighting attached to a specific neighborhood.
(Q 99-10)
#5. RE: Adopting a resolution approving an extension of time to satisfy conditions established for rezoning property located at 828 East Stratford Avenue.
ACTION: Councilmember Jolley moved and Councilmember C. Christen seconded to adopt Resolution 86 of 1999, which motion carried, all members voted aye.
(P 98-74)
#6. RE: Adopting a resolution authorizing a loan from Salt Lake City's Economic Development Revolving Loan Fund to the Redevelopment Agency of Salt Lake City.
ACTION: Councilmember Jolley moved and Councilmember C. Christensen seconded to adopt Resolution 87 of 1999, which motion carried, all members voted aye.
(R 99-5)
#7. RE: Adopting a resolution authorizing a loan from Salt Lake City's Economic Development Revolving Loan Fund to Friends of Tracy Aviary, Inc.
ACTION: Councilmember C. Christensen moved and Councilmember Seed seconded to adopt Resolution 88 of 1999, which motion carried, all members voted aye.
DISCUSSION: Councilmember Seed requested that the Tracy Aviary Board insure that accounting measures were now in place. Councilmember Rogan said he supported the resolution with reservation. He said he was more inclined to go with a line of credit concept. Councilmember K. Christensen said he was also concerned and this was a public interest matter. He said this was the last time the City would loan funds to the Aviary. Ms. Gust-Jenson said the funding had been set up as a line of credit in the interlocal cooperation agreement.
(R 99-6)
#8. RE: Approving the appointment of Jeff Jonas to the Planning Commission for a term extending through July 1, 2002.
This issue will be considered at a later date.
(I 99-21)
#9. RE: Adopting an ordinance enacting Chapter 2.76, Salt Lake City Code, pertaining to the Business Advisory board.
ACTION: Councilmember Jolley moved and Councilmember C. Christensen seconded to adopt Ordinance 90 of 1999, which motion carried, all members voted aye.
DISCUSSION: Councilmember Jolley said the Business Advisory Board would help the Council and the Administration with matters of the business community. Councilmember Rogan requested that Community Councils which did not include members who owned business would take advantage of the Business Advisory Board. Councilmember Thompson said this board would provide a forum for the business community.
(I 99-1)
#10. RE: Adopting a resolution of the Municipal Council of Salt Lake City, Salt Lake County, Utah, authorizing the issuance and sale by the Municipal Building Authority of Salt Lake City, Salt Lake County, of its Lease Revenue Bonds (Municipal Improvements and Refunding Project), Series 1999B, in the aggregate principal amount of $24,935,000, to be dated as of November 1, 1999; approving the form of a Sixth Supplemental Indenture; approving the Execution and Delivery by the City of a Sixth Amendment to Master Lease Agreement, a Fire Facility Ground Lease, an Ice Facility Ground Lease, a Gateway Park Ground Lease, a Construction Agency Agreement, a Tax Certificate, a Continuing Disclosure Agreement, a Bond Purchase Agreement, and other agreements and documents required in connection therewith; ratifying the distribution of a Preliminary Official Statement relating to such Bonds and authorizing the preparation and distribution of a Final Official Statement relating to such bonds; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution.
ACTION: Councilmember Jolley moved and Councilmember C. Christensen seconded to adopt Resolution 89 of 1999, which motion carried, all members voted aye.
(Q 99-8)
#10. RE: Adopting a resolution of the Board of Trustees of the Municipal Building Authority of Salt Lake City, Salt Lake County, Utah, authorizing the issuance and sale of Lease Revenue Bonds, Series 1999B, in the aggregate principal amount of $24,935,000, to be dated as of November 1, 1999; authorizing the execution and delivery of a Sixth Amendment to Master Lease Agreement, a Sixth Supplemental Indenture of Trust, a Fire Facility Ground Lease, an Ice Facility Ground Lease, a Gateway Park Ground Lease, a Construction Agency Agreement, a Tax Certificate, a Bond Purchase Contract and other agreements and documents required in connection therewith; ratifying the distribution of a Preliminary Official Statement relating to such Bonds and authorizing the preparation and distribution of a Final Official Statement relating to such Bonds; approving the sale of such Bonds; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this Resolution.
ACTION: Councilmember Jolley moved and Councilmember K. Christensen seconded to recess as City Council and convene as the Municipal Building Authority, which motion carried, all members voted aye.
Councilmember Jolley moved and Councilmember Seed seconded to adopt Resolution 90 of 1999, which motion carried, all members voted aye.
Councilmember Jolley moved and Councilmember Seed seconded to adjourn as Municipal Building Authority and reconvene as City Council, which motion carried, all members voted aye.
(Q 99-8)
#12. RE: Adopting a motion accepting the City Recorder's statement from the abstract of the votes constituting the canvass of the Salt Lake City Municipal Election held November 2, 1999 for the offices of Mayor and Council Members of Council Districts 2, 4, and 6.
ACTION: Councilmember K. Christensen moved and Councilmember Seed seconded to recess as City Council and convene with the Mayor as the Board of Canvassers, which motion carried, all members voted aye.
Councilmember K. Christensen moved and Councilmember Seed seconded to adopt the motion, which motion carried, Mayor Corradini and all members voted aye.
Councilmember K. Christensen moved and Councilmember Seed seconded to adjourn as Board of Canvassers and reconvene as City Council, which motion carried, all members voted aye.
(U 99-31)
PUBLIC HEARINGS:
#1. RE: Accept public comment and consider rezoning property located at approximately 640 West North Temple Street from Commercial Corridor (CC) to Special Residential-3 (SR-3), pursuant to Petition No. 400-99-08.
ACTION: Councilmember Jolley moved and Councilmember Rogan seconded to close the Public Hearing, which motion carried, all members voted aye.
Councilmember C. Christensen moved and Councilmember Rogan seconded to adopt Ordinance 91 of 1999, which motion carried, all members voted aye.
(P 99-36)
#2. RE: Accept public comment and consider adopting an ordinance enacting the Capitol Hill Community Master Plan, pursuant to Petition No. 400-98-18 and pursuant to Section 10-9-303, Utah Code Annotated.
ACTION: Councilmember Rogan moved and Councilmember Seed seconded, to close the public hearing, which motion carried, all members voted aye.
Councilmember Rogan moved and Councilmember Seed seconded to adopt Ordinance 92 of 1999, with the following changes to the Master Plan,
A. In order to clarify and reemphasize the Council's adopted Citywide policy regarding the vacation of alleys where they are not used for primary access to a property:
1) Remove the following language from the Plan: "Proper maintenance of alleys is imperative as they often provide primary access to properties which front on busy roads such as State Street. Repair alleys located within a geographic zone where local street maintenance is scheduled as necessary."
2) Add the following language to the Plan: "The City has an existing Citywide policy supporting the vacation of alleys where they are not used for primary access to a property. In some cases, alleys are the only viable means of accessing a property. This is especially true in the Kimball Neighborhood where alleys often provide primary access to properties that front on busy roads such as State or Main Street. Urban design considerations might justify a reconsideration of the City's existing policy with regard to alleys."
B. In order to support the policy in the Plan that states: "Ensure future development does not preclude the development of commuter rail" (in the West Capitol Hill area), add the following action item to relevant sections of the Plan: "In order to protect essential right-of-way for a future commuter rail corridor, amend the Transportation Master Plan including the Rail Transit Corridors Map to identify the approximate commuter rail route."
C. In order to clarify that the Deseret Gateway Small Area Plan process should address the full range of issues identified in the process, add the language to the relevant section of the Plan: "The Deseret Gateway Small Area Plan process should not preclude addressing additional issues that may be identified through the planning process but not specifically listed in the Plan."
D. In order to clarify that future land use in the Deseret Gateway area will be determined through the small area planning process:
1. Remove the color code designating future land use in this area from the "Future Land Use Map" in the Plan; and
2. Add a note that states: "Future land use designation in this area will be determined through the Deseret Gateway Small Area Plan process."
E. In order to address the need to enhance the residential nature along Ouray Street, add the following language to the Implementation Section of the Plan: "Apply appropriate urban design measures to the Ouray Street entrance on the block between 400 and 500 North and 300 and 400 West and to the additional 300 West frontage."
F. In order to support the historic preservation goals in the Plan, add the following language as an Action Item in the West Capitol Hill Neighborhood and the Implementation Sections: "Reevaluate the existing RMF-35 zoning at 238 West 600 North and consider rezoning the property to Special Residential SR-1.", which motion carried, all members voted aye.
DISCUSSION: Councilmember Rogan thanked Advisory Committee Members, Planning staff, and everyone who had worked on the Capitol Hill Community Master Plan. Councilmember C. Christensen thanked Councilmember Rogan for his work on the master plan. He said he appreciated that Councilmember Rogan's concerns spread beyond his district boundaries.
The following citizens spoke in opposition of adopting the Capitol Hill Community Master Plan.
Shirley McLaughlan said the Community Council was made up of only a few citizens which resided in the area. She said more of the community should be involved. She said she was concerned with the traffic and with the care of the medians in the area.
The following citizens spoke in support of adopting the Capitol Hill Community Master Plan.
Eric Jorgensen, Chair of the Capitol Hills Master Plan committee said the committee began in 1997. He said the committee was comprised of business people and residents of the area. He said the committee first decided on a list of issues and presented them at a series of meetings. He said everyone living in the community was invited. He said over the next two years meetings were held with the Community Council, community members, the City Planning Staff and the Advisory Committee in an effort to understand what the community wanted to become. He said he felt comfortable that the plan represented the majority of the communities desires.
Randall Dixon, resident of the Capitol Hills area for 20 years and member of the Master Plan committee, asked the Council to adopt the Master Plan.
Katherine Gardner, member of the Master Plan committee, encouraged the Council to adopt the Master Plan.
Peter Von Sivors, member of the Master Plan committee, said the Community Council meetings were attended by 50 to 70 citizens at times. He said the Master Plan said nothing regarding road barriers but did consider medians. He said the area was a mixed area. He said the area suffered from traffic problems. He asked the City Council to adopt the Capitol Hills Master Plan in order to protect the mixed neighborhood and to help solve the traffic problems created by being close to Davis County.
Bonnie Mangold submitted a card in support of the Capitol Hill Community Master Plan, but was not available to speak.
(P 99-35)
The meeting adjourned at 7:20 p.m.
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