SLC Council Minutes January 15, 2002

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, January 15, 2002, 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 Van Turner Eric Jergensen

Jill Remington Love Nancy Saxton Dale Lambert

The following Councilmember was absent:

Dave Buhler

Mayor Ross C. “Rocky” Anderson; Cindy Gust-Jenson, Executive Council Director; Roger Cutler, City Attorney; and Scott Crandall, Deputy City Recorder were present.

Councilmember Christensen presided at and conducted the meeting.

#2. Mayor Ross C. “Rocky” Anderson presented the annual State of the City report.

The following people spoke concerning housing issues: Scott McCagno, Tim Funk, Craig Payne, Jesus Campos, Geneva Powell, Douglas Cotant, Paul Retz, and Rudy Roca. Comments included affordable housing, off-street parking, housing studies, at-risk housing, federal assistance, rental agreements, housing preservation, police protection, crime prevention, evictions, and low-income housing.

The following people submitted written comments or spoke concerning taxicabs and transportation issues: Don Winder, Ralph Elnes, Bruce Baird, and Robert Yuschak. Comments included Olympic transportation needs, temporary/permanent solutions, ordinance violations, license revocations, competition, select enforcement, regulatory requirements, emergency provision for additional service providers during the Olympics, independent contractors, and business opportunities.

Jan Bartlett spoke about the Turville development. He said although public input was allowed, the Planning Commission did not follow proper procedure or master plan guidelines. He said Council involvement was critical to the process of developing the City and asked the Council to vote against the proposal.

#1. RE: Accept public comment and consider adopting an ordinance closing a portion of McClelland Street (1040 East) at approximately 2010 South, pursuant to a request by the Salt Lake City Transportation Division and Hollywood Avenue Traffic Committee, Petition No. 400-01-09.

ACTION: Councilmember Turner moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members present voted aye.

Councilmember Saxton moved and Councilmember Turner seconded to postpone the proposal until a more detailed small area master plan was developed which included a comprehensive analysis of traffic issues, which motion carried, all members present voted aye.

DISCUSSION: The following people submitted written comments or spoke in opposition of the closure: Steven Richards, John Barrus, Dennis Glass, Barbara Green, and Steve Brewster. Comments included traffic flow, tax base, business and residential access, parking problems, deliveries, City services for garbage and snow removal, access for police and fire services, traffic calming measures, street closure policy, gated communities, barriers created by street closures, loss of business, illegal turns, and master plan development.

Derek Payne spoke in favor of the proposal. He said residents supported the traffic calming measures being taken. He said business districts were dependant on having residential areas adjacent to them.

Councilmember Lambert said the proposal was in his district. He said it was important to protect neighborhoods. He said the closure was supported by traffic planners, traffic studies and 75% of surrounding neighbors. He said the Planning Commission opposed the closure because of the gating concept. He said other concerns included public safety, police, fire, garbage and snow removal. He said this was not a gated community but was an effort to provide a buffer between the residential and business community.

Councilmember Lambert said urban planning policies over the past two years emphasized mixed use. He said controversy was created when mixed-use neighborhoods were discussed. He said the goal of the Sugarhouse Master Plan was to develop a small area master plan for the Westminster Neighborhood which included a traffic plan and a specific goal to address the McClelland Street commercial traffic situation.

Councilmember Lambert said he agreed with the motion to table the issue. He said a small area plan needed to be develop in addition to further traffic studies. He said the business community needed to get involved with the Westminster neighborhood and the Sugarhouse Community Council to address traffic issues in the area.

Councilmember Saxton said there were advantages to living in neighborhoods which were close to businesses. She said businesses located near residential areas needed to help mitigate traffic coming through residential neighborhoods. She said residents needed to be aware the street closure would also prevent them from accessing businesses in the area. She said she hoped Hollywood’s traffic calming measures would have a positive influence on McClelland. She said she wanted a study done after the efforts on Hollywood were completed.

Councilmember Turner said the installation of a gate would stop the flow of traffic. He said traffic-calming measures were successful in other areas and wanted to see them used in this situation.

Councilmember Jergensen said whenever business and residential areas developed mixed uses similar traffic problems would occur. He said as transportation ordinances were developed it would be helpful to look at areas where mixed uses would create problems. He said he hoped specific solutions could be found which could be applied in future mixed use areas.

#2. RE: Accept public comment and consider adopting an ordinance amending the Zoning Ordinance allowing a veterinary office as a conditional use in the Neighborhood Commercial (CN) zone, pursuant to Petition No. 400-01-35.

ACTION: Councilmember Jergensen moved and Councilmember Saxton seconded to close the public hearing, which motion carried, all members present voted aye.

Councilmember Saxton moved and Councilmember Jergensen seconded to adopt Ordinance 2 of 2002, which motion carried, all members present voted aye.

DISCUSSION: Ray Pugsley, Sugarhouse Community Council Chair, said local residents supported the proposal but were concerned about other potential uses allowed by the zoning change. He said he felt veterinary services should be included in the zoning ordinance.

#3. RE: Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance No. 32 of 2001, which adopted the Final Biennial Budget of Salt Lake City, including the employment staffing document, for Fiscal Years 2001-2002 and 2002-2003. (Budget Amendment No. 4)

ACTION: Councilmember Saxton moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members present voted aye.

Councilmember Saxton moved and Councilmember Turner seconded to adopt Ordinance 3 of 2002, amending the fiscal year 2001-2002 and fiscal year 2002-2003 budget as proposed for Initiatives 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17, which motion carried, all members present voted aye.

Councilmember Saxton moved and Councilmember Jergensen seconded to approve the $42,700 request for the Utah Arts Festival Sponsorship for one year only, which motion carried, all members present voted aye.

Councilmember Christensen said Item No. 19, (600 North 1500 West island landscaping and curb reconstruction) was pulled.

Councilmember Love moved and Councilmember Saxton seconded to table Initiative No. 20 relating to Olympic issues to January 17, 2002, which motion carried, all members present voted aye.

Councilmember Saxton moved and Councilmember Jergensen seconded to adopt Ordinance 3 amending the fiscal year 2001-2002 budget and fiscal year 2002-2003 budget for Initiative No. 18 only in the amount which had been donated and deposited, which motion carried, all members present voted aye.

Rocky Fluhart, Chief Administrative Officer, asked if the intent of the motion was to appropriate the money but that it not be spent until it was received. Councilmember Christensen said that was correct.

Councilmember Turner moved and Councilmember Saxton seconded to adopt Ordinance 3 amending the fiscal year 2001-2002 budget and fiscal year 2002-2003 budget for Initiative No. 21 in the amount of $12,000 to pay for an extension of an employee’s position through February 2002 as per the City’s Memorandum of Understanding (MOU) and the Utah Transit Authority’s (UTA) 100% of the employment costs to be reimbursed by UTA, which motion carried, all members present voted aye.

DISCUSSION: Kent Ament, Arts Festival Technical Director, said the Arts Festival did not want to leave the downtown area. He said approximately 40% of their space had been lost to light rail and gateway construction. He said they relocated to Fairpark and over the past two years had lost 40% of their audience and $160,000. He said the organization could not handle another loss. He said they needed a permanent downtown location and assistance with their infrastructure needs.

Robyn Nelson said the festival had grown from a simple street fair into an internationally recognized arts event. She said the Arts Festival had a significant economic impact on the City. She said approximately $830,000 per day was generated during the four-day festival. She said the money was being infused into the local economy.

Councilmember Lambert said he felt the Council valued the festival and wanted to see it located downtown. He said he wanted to know if there was any evidence the decline was a result of being located at the fairgrounds and not downtown. He said he was concerned about spending $42,700 for relocating the festival to the Gallivan Center and then the following year, funding a similar amount to move to Library Square.

Ms. Nelson said evidence obtained through surveys showed patrons number one concern was location. She said the surveys showed the decline in attendance at the Fairpark location. She said because the Library Square project was not complete, two moves were needed.

Councilmember Lambert asked if the Arts Festival anticipated the same expense both years. Mr. Ament said that was correct. He said second year costs were uncertain due to continuing changes on the Library block. He said the festival’s construction budget for 2002 was approximately $150,000. He said the Fairpark construction budget was approximately $80,000 because a number of amenities were already in place. He said the funding request was based on benefits they felt the City would derive from the festival.

Councilmember Jergensen asked if infrastructure costs could be reused or were they onetime costs. Mr. Ament said they were basically onetime costs. Councilmember Turner said through his association with the Arts Festival, he felt a downtown location was better for patrons and artists.

Councilmember Jergensen said he looked at the City’s responsibility to assist organizations which were integral to community building and creating a vibrant City. He said the Arts Festival was forced to move due to construction projects and should be relocated downtown.

Councilmember Love said other municipalities courted the Arts Festival when they were forced to leave downtown. She said approving the funding was as a way for the City to thank the Arts Festival for staying. She said it was important for them to thrive in the City.

Councilmember Saxton said she wanted to look at other options for grants or loans which could be used by the Arts Festival. She said she was also concerned about funding two moves. She said she did not know if the move to the Library Square was realistic. She said she did not know about noise and other impacts on the surrounding residential community. She said it was difficult to grant money to some entities when downtown construction was putting other vital organizations out of business.

Councilmember Christensen said traditionally the Council participated in some sponsorships. He said he was not certain about supporting second year funding. He said he understood the Arts Festival’s need to survive and wanted to see what this year’s outcome was.

Cindy Gust-Jenson, Executive Council Director, said a clarification was needed on the motion regarding whether or not the funding was for one or two years. Roger Cutler, City Attorney, said the Council could only bind the budget for one year. He said additional funding would be subject to an appropriation the following year. The motion was modified to reflect funding for one year only.

Councilmember Saxton said she was concerned about Initiative 10, relating to Fleet Management. She said the Council previously questioned whether or not the manufacturer would stand behind fleet repairs. She said she still needed an answer to the question. She said the issue needed to be addressed so the same problems would not occur in the future.

#1. RE: Adopting a resolution authorizing the Mayor to sign and accept the grant award provided to the Salt Lake City Parks Division for the Jordan River Parkway Trail.

ACTION: Councilmember Turner moved and Councilmember Jergensen seconded to adopt Resolution 1 of 2002, which motion carried, all members present voted aye.

#2. RE: Adopting a resolution authorizing the Mayor to sign an interlocal agreement between Salt Lake City Corporation and the Utah Department of Transportation for the reconstruction of South Temple from Main Street to Virginia Street.

ACTION: Councilmember Saxton moved and Councilmember Turner seconded to adopt Resolution 2 of 2002, which motion carried, all members present voted aye.

#3. RE: Adopting a resolution authorizing the Mayor to sign an interlocal agreement between Salt Lake City Corporation and the Utah Department of Transportation for the reconstruction of Fremont Avenue Bridge at the Jordan River.

ACTION: Councilmember Turner moved and Councilmember Saxton seconded to adopt Resolution 3 of 2002, which motion carried, all members present voted aye.

#4. RE: Adopting a resolution authorizing the approval of the third amendment to the interlocal cooperation agreement between Salt Lake City, Salt Lake County, BP Products North America Inc. (formerly Amoco Oil Company) and Chevron U.S.A. Inc.

ACTION: Councilmember Lambert moved and Councilmember Jergensen seconded to adopt Resolution 4 of 2002, which motion carried, all members present voted aye. Councilmember Love was recused.

DISCUSSION: Councilmember Saxton said she wanted to know if anyone had been in contact with any environmental groups, specifically the bird refugee people. She said she was interested in their input because she knew they had strong opinions about some of the canals. Ms. Gust-Jenson said she understood the purpose of the proposal was to gather necessary data in order to proceed with a proper environmental remedy.

#5. RE: Adopting an ordinance amending Chapter 68 of Title 18 of the Salt Lake City Code, relating to Floodplain Hazard Prevention.

ACTION: Councilmember Saxton moved and Councilmember Turner seconded to adopt Ordinance 4 of 2002, which motion carried, all members present voted aye.

#6. RE: Adopting an ordinance amending Section 5.72.130 of the Salt Lake City Code, relating to certificate of a public convenience and necessity being required for operation of a taxicab within the City.

ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to table the item until January 22, 2002, which motion carried, all members present voted aye.

#7. RE: Adopting a resolution authorizing a loan from Salt Lake City’s Small Business Revolving Loan Fund to Eaglegate Automation, Inc. specifying that Daniel C. Skeem and Gerhard Koenig will serve as personal guarantors. (Original Resolution: No. 86 of 2001).

ACTION: Councilmember Saxton moved and Councilmember Love seconded to approve the amended Consent Agenda, which motion carried, all members present voted aye.

#2. RE: Setting the date of February 5, 2002 at 5:00 p.m. to accept public comment and consider adopting an ordinance closing a portion of Utah Street (1605 West) between California Avenue (1330 South) and High Street (1450 South), pursuant to a petition by DeWayne Iverson of Iverson Homes, LC., Petition No. 400-01-53.

#3. RE: Setting the date of February 5, 2002 at 5:00 p.m. to accept public comment and consider adopting an ordinance extending the corporate limits of Salt Lake City to include the Red Gate Properties annexation, consisting of approximately .659 acres of property located at 3027 South 1100 East, pursuant to Petition No. 400-01-16, and amending the Salt Lake City Zoning Map to designate and zone the area as Special Development Pattern Residential (SR-1) upon its annexation to the City.

#4. RE: Setting the date of February 28, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance enacting Section 5.37.008 Salt Lake City Code, pertaining to the definition of Animal Services; amending Section 5.37.080, Salt Lake City Code, pertaining to horse-drawn carriage fees; amending Section 5.37.105, Salt Lake City Code, pertaining to license requirements for operators of horse-drawn carriages; amending Section 5.37.110, Salt Lake City Code, pertaining to display of license; amending Section 5.37.115, Salt Lake City Code, pertaining to carriage inspector prior to licensing; amending Section 5.37.120, Salt Lake City Code, pertaining to issuance of sticker for satisfactory inspection; amending Section 5.37.125, Salt Lake City Code, pertaining to periodic inspections; amending Section 5.37.150, Salt Lake City Code, pertaining to number of passengers in horse-drawn carriages; amending Section 5.37.155, Salt Lake City Code, pertaining to passengers restricted to passenger area; amending Section 5.37.160, Salt Lake City Code, pertaining to appearance; amending Section 5.37.170, Salt Lake City Code, pertaining to routes for horse-drawn carriages; amending Section 5.37.185, Salt Lake City Code, pertaining to revocation or suspension; amending Section 8.04.120, Salt Lake City Code, pertaining to numbers of cats and rabbits per residence; amending Section 8.04.280H, Salt Lake City Code, pertaining to vicious animals; amending Section 8.04.370, Salt Lake City Code, pertaining to animal nuisances and penalties; amending Section 8.04.410, Salt Lake City Code, pertaining to dogs attacking persons and animals; amending Section 8.04.500, Salt Lake City Code, pertaining to violation-penalty; amending Section 8.04.510, Salt Lake City Code, pertaining to issuance of citations - notice of violations; amending Appendix A to Chapter 8.04, Salt Lake City Code, regarding Salt Lake City Animal Services permits and fees; amending Section 8.05.030, Salt Lake City Code, pertaining to offending vicious dogs; enacting Section 8.16.005, Salt Lake City Code, pertaining to definitions; amending Section 8.16.015, Salt Lake City Code, pertaining to identification; amending Section 8.16.025, Salt Lake City Code, pertaining to horse certification; amending Section 8.16.035, Salt Lake City Code, pertaining to criteria for determining health of a horse; amending Section 8.16.045, Salt Lake City Code, pertaining to Police or Animal Services orders; amending Section 8.16.055, Salt Lake City Code, pertaining to accidents involving horse-drawn carriages; amending Section 8.16.060, Salt Lake City Code, pertaining to horse examination by the Office of Animal Services; amending Section 8.16.065, Salt Lake City Code, pertaining to physical condition for work; enacting Section 8.16.067, Salt Lake City Code, pertaining to other regulations governing carriage horses; and amending Section 8.16.070, Salt Lake City Code, pertaining to stables and stalls.
(O 01-6)

#5. RE: Setting the date of February 5, 2002 at 5:00 p.m. to accept public comment and consider adopting an ordinance rezoning 2,240 square feet of property located at approximately 657 South 800 East from Special Development Pattern Residential (SR-3) to Moderate Density Multi-Family Residential (RMF-35), pursuant to a request by Nathan Anderson/Willow Heights LLC, Petition No. 400-01-50.

#6. RE: Setting the date of February 5, 2002 at 5:00 p.m. to accept public comment and consider adopting an ordinance extending the corporate limits of Salt Lake City to include the Scott Turville, Trent Heugly, James Sorenson and Salt Lake City Corporation Properties, consisting of approximately 60.56 acres of property located at approximately 1977 South 2800 East, pursuant to Petition No. 400-00-29, amending the East Bench Master Plan and amending the Salt Lake City Zoning Map to zone and designate the area as Foothill Residential (FR-2) and Open Space (OS) upon its annexation to the City.

#7. RE: Confirming the date of January 24, 2002 at 3:30 p.m. to accept public comment and consider adopting an ordinance amending Chapter 3.52.050D of the Salt Lake City Code, authorizing the construction of temporary parking lots located at approximately 825 North and 1130 North Warm Springs Road related to a large-scale special event of national or international significance, pursuant to Petition No. 400-02-01.