SLC Council Minutes July 2, 2002

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 2, 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 Dave Buhler

Dale Lambert

Mayor Ross C. “Rocky” Anderson; Steven Allred, Deputy City Attorney; Cindy Gust-Jenson, Executive Council Director; and Beverly Jones, Deputy City Recorder were present.

Councilmember Buhler presided at and Councilmember Jergensen conducted the meeting.

#2. The Council will consider adopting a joint resolution with Mayor Anderson declaring opposition to the recommendation of Yucca Mountain, Nevada, as the National Nuclear Waste Repository.

ACTION: Councilmember Saxton moved and Councilmember Love seconded to adopt Resolution 35 of 2002, which motion carried, all members voted aye.

DISCUSSION: Councilmember Jergensen read the resolution. He said he was in favor of the resolution. Mayor Anderson said he was also in favor of the resolution.

#3. Councilmember Turner moved and Councilmember Christensen seconded to approve the minutes of the Salt Lake City Council meetings held June 13, 2002 and June 18, 2002, which motion carried, all members voted aye.

Councilmember Saxton asked if ongoing negotiations with the Salt Lake Organizing Committee (SLOC) were being extended to the end of August to decide whether to use Pioneer Park as the Olympic Legacy Park. Mayor Anderson said he had not discussed any deadline with SLOC, but a deadline was needed so SLOC could dissolve the organization. Councilmember Saxton said she wanted to be able to receive money even if the deadline was the end of August. She said an agreement could be negotiated so the City could receive the gift and make a decision on the park’s location later. She said the location of the park should go through a public process so all options could be explored.

Mayor Anderson said there had been a lot of public process. He said open houses had been held. He said the Council had held a meeting. He said the Administration had four more open houses planned. He said there had been public dialogue. He said SLOC would not turn over the money because they wanted to make sure the location served the purpose for which they were providing the resources.

Councilmember Turner said over the last year, there had been many conversations about railroad issues on 900 South. He said he appreciated all the comments, information, and feedback the Mayor had given him. He said he had been able to direct that feedback to the community. Mayor Anderson said this was an issue which impacted people’s quality of life. He said communication from the City was vital.

Don Gansen said he had been the owner of Dad’s Ice Cream wagons for 21 years. He said he was concerned about the proposed ordinance on ice cream vending. He said the Administration and the ice cream vendors needed to review the ordinance. He said he was a current member of the International Ice Cream Vendors Association. He said he felt he could give the Council good input for the ordinance.

Douglas Cotant, Salt Lake City, asked about the progress of the City’s skateboard parks. He suggested the City post signs directing where the skateboard parks were located.

Linda Williams, Salt Lake City, said moving existing and new air conditioning units behind people’s homes would add greater harmony in neighborhoods where homes were close together.

Jan Bartlett, Salt Lake City, said the City needed to take more time to make a decision on the location of the Olympic Legacy Park. He said Pioneer Park was the wrong location.

Cindy Cromar, Salt Lake City, responded to comments made on the public process on Pioneer Park. She said she received a press release regarding a meeting at the City and County Building on Pioneer Park. She said she attended the meeting within the advertised timeframe and no one was present. She said there was a ballot box to express her opinion. She said she attended the Historic Landmark’s Commission meeting where the Administration briefed the Commission on June 3, 2002. She said no one in attendance was allowed to speak following the Administration’s presentation. She said she had not received announcements of any meetings by mail or e-mail regarding the public process on Pioneer Park. She said she was on many of the City’s mailing lists.

#1. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Zoning Code to allow railroad freight terminal facilities in Light Manufacturing (M-1) zoning districts pursuant to Petition No. 400-02-26.

#2. RE: Accept public comment and consider adopting an ordinance rezoning property located at approximately 800 South 5600 West from General Commercial (CG) to Light Manufacturing (M-1) pursuant to Petition No. 400-02-07.

#3. RE: Accept public comment and consider adopting an ordinance amending the Salt Lake City Transportation Master Plan and closing and abandoning a portion of 4800 West pursuant to Petition No. 400-02-07.

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

Councilmember Buhler moved and Councilmember Turner seconded to defer action on these items until July 9^th, 2002, which motion carried, all members voted aye.

DISCUSSION: Janette Gonzales said there were a lot of concerns in her community because Union Pacific had reactivated the 900 South line.

Leon Johnson, Poplar Grove, said the Westside wanted to hold the intermodal hub hostage until Union Pacific vacated the 900 South line.

Mark Smedley, Chair of the Poplar Grove Community Council, said the community council passed two motions at the March and April meetings. He said the first motion passed endorsed the placement of a freight intermodal center at the proposed location if Union Pacific would abandon 900 South. He said City staff said conditional approval of the facility on abandonment could not be done.

Mr. Smedley said the second motion on April 24^th stated that they were opposed to the addition of any heavy industrial facility to the neighborhood until the City had completed a master plan for the area. He said they wanted the master plan to take into consideration the large amount of industry and transportation infrastructure in the area. He said the community council further insisted that no project exceeding the existing zoning be approved until a master plan for the area was adopted.

Robert Winegar, Layton, Utah, said he represented WorldCom. He said WorldCom owned property adjacent to the proposed change. He asked what public notice was given to businesses in the area. He said to his knowledge WorldCom did not receive any notice. He said they were not opposed to the change at this time, but wanted time to review the proposal. He said fiber optic cables ran through the parcel on Union Pacific property. He said they were concerned about vibrations in the area because of a major data center on the property.

Michael Clara, Salt Lake City, said Union Pacific had said the intermodal facility would not increase train traffic on 900 South. He said these assurances came from a corporation which had signed a franchise agreement with City officials knowing they would not honor the agreement.

John McCall, Rose Park, said as part of his job, he dealt with Union Pacific. He said they were not the best corporate citizens. He said an intermodal yard would increase the number of jobs in Salt Lake City.

Edie Trimmer, Salt Lake City, said there was an odd coincidence in dates of when the 900 South line was reactivated and the intermodal center which had been proposed. She said UTA, Union Pacific and the City said these two issues were separate.

Michael McHugh, Salt Lake City, said he had sent a letter to Councilmember Buhler on June 6^th, 2002 addressing his concerns regarding the freight terminal yard. He said he owned four pieces of property. He said two properties were vacant lots and two had commercial buildings on them. He said they had a company ready to purchase one of the lots. He said when the company heard the railroad yard was relocating to the area, they did not purchase the property. He said he was concerned about the impact the proposed railroad terminal yard would have on his business. He said he was concerned about property value.

Dawn Sweazey said she owned a junk yard and a towing and impound lot on 700 South. She said they were zoned M-1. She said all property owners in that area should be zoned M-2 because of the high commercial.

Jan Bartlett, Salt Lake City, said it was an unfortunate and unnecessary location for a freight yard. He said there were a number of better choices.

Rita Menke, Salt Lake City, said the Council needed to reconsider the terminal freight yard.

Milton Braselton, Salt Lake City, said he worked for Union Pacific. He said he did not speak for the company but as a concerned citizen. He said Union Pacific needed to move the terminal freight yard west because a commuter rail line to Ogden was going to be established. He said UTA assumed the only way to develop commuter rail to Ogden was to build a brand new third track. He said the alternative was the old Rio Grande alignment which could be repaired and would not cost as much.

These people submitted cards but did not wish to speak: William Bullock, Salt Lake City, and Jeff McComas, Salt Lake City, relocation of railroad freight yard.

Councilmember Buhler said a number of issues had been raised by Administrative staff which related to adjacent property owners, transportation, and utilities. He said these issues still needed to be resolved. He said he wanted to give the Administration another week to try and resolve the issues.

Councilmember Turner asked the Administration to follow-up with Mr. Braselton on the Rio Grande alignment. He said he wanted to see if there was a cheaper, better way.

Councilmember Lambert said he was concerned about the freight terminal yard. He said in addition to deferring this issue for new motions and briefing papers, he felt the Council needed some additional briefing. He said he wanted to hear the lobbyists’ response to some of the concerns and suggestions. He said he wanted their response on why train traffic would not increase on 900 South.

Councilmember Buhler said another briefing could be scheduled for July 9^th.He said representatives from UTA and the railroad could be invited.

Councilmember Saxton said another concern was the change in zoning to isolate one parcel from other parcels in the area. She said she had questions about the master planning process for the area.

Mayor Anderson asked if a list of questions could be passed on to UTA and Union Pacific.

#1. RE: Adopting an ordinance extending the time to meet the conditions of approval for Salt Lake City Ordinance 54 of 2001 closing and abandoning a portion of Albermarle Avenue (1370 South) between 300 and 400 West pursuant to Petition No. 400-01-03.

ACTION: Councilmember Turner moved and Councilmember Saxton seconded to adopt Ordinance 47 of 2002, which motion carried, all members voted aye.

#2. RE: Adopting an ordinance rezoning the Douglas School site, located at 668 South 1300 East from Public Lands (PL) to Institutional (I) pursuant to a request by the Jewish Community Center pursuant to Petition No. 400-01-28.

ACTION: Councilmember Saxton moved and Councilmember Love seconded to continue action on the proposed rezoning for 120 days and revisit the issue no later than the first Tuesday of December 2002 contingent upon approval by the School District of a new request for purchase from the McGillis School, which motion carried, all members voted aye.

ACTION: Councilmember Buhler moved and Councilmember Turner seconded to approve Item Nos. 1 and 3 of the Consent Agenda, which motion carried, all members voted aye.

#1. RE: Adopting Ordinance 46 of 2002 confirming the modified and equalized assessment rolls and levying an assessment against certain properties in the improvement district known as Salt Lake City, Utah Special Improvement District No. 101011 (the “District”), for the purpose of paying the costs to construct improvements on certain streets in said City including the replacement of all, or portions of deteriorated driveway approaches, curb, gutter and sidewalks; the installation of sod, topsoil, sidewalk ramps; the removal of illegal driveways; and the installation of new curb, gutter and sidewalk street improvements where none now exist; and other miscellaneous work which is necessary to complete the above improvements; reaffirming the establishment and providing for the funding of a special improvement guaranty fund; establishing the effective date of this ordinance; and related matters.

#2. RE: Adopting an ordinance amending Chapter 2.14.090 of the Salt Lake City Code, concerning meetings of the Airport Board.

#3. RE: Approving the appointment of John Bogart to the Land Use Appeals Board for a term extending through December 31, 2004.

#4. RE: Setting the date of July 16, 2002 at 6:00 p.m. to accept public comment and consider adopting an ordinance enacting Article VII of Chapter 5.64, Salt Lake City Code, relating to mobile ice cream vendors. (Administrative fees, a permit application process, related operating standards and safety and public peace restrictions.)

DISCUSSION: Councilmember Christensen said he was concerned with Item G-2, meetings of the Airport Board. He said the airport had proposed electronic meetings which required no one to be in the room. He said electronic meetings were helpful when a majority of the quorum was present. He said he could not imagine a constituent showing up to a public meeting to look at a speaker phone and not even have the Chair of the Board in the room. He said a requirement was needed to have someone present in the room. Councilmember Love said she had the same concerns.

Cindy Gust-Jenson asked the Council about Item G-4, mobile ice cream vendors. She said there had been public comment but the Council had not been briefed. She said the Council could either not address the set date or recess until the Council was briefed. She said then the Council could come back and set the date after the briefing.