SLC Council Minutes September 10, 2002

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 10, 2002, at 7:00 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; Cindy Gust-Jenson, Executive Council Director; Steven Allred, Acting City Attorney; and Scott Crandall, Deputy City Recorder were present.

Councilmember Buhler presided at and Councilmember Love conducted the meeting.

#2. Adopting a joint resolution establishing September 11^th as Patriot Day.

ACTION: Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 45 of 2002, which motion carried, all members voted aye.

#3. Councilmember Lambert moved and Councilmember Saxton seconded to approve the minutes of the Salt Lake City Council meeting held September 3, 2002 , which motion carried, all members voted aye.

Councilmember Turner said he was impressed by the Police Awards ceremony and asked for the Mayor’s comments. Mayor Anderson said there was a renewed sense of appreciation since the events of last September 11^th. He said police officers and firefighters were everyday heroes who kept City neighborhoods safe and secure. He said the ceremony was excellent and wished the entire community could share the stories of heroism.

Councilmember Christensen asked if the Administration had considered moving the police memorial to the Westside precinct since there was additional property there. He also asked if the Administration had considered a fire memorial in the event a new fire station was built in the industrial road area. He said he felt the community would be willing to participate on a matching basis.

Mayor Anderson said no plans had been made for the Pioneer Precinct. He said he thought moving the memorial would be appropriate and the suggestion should be considered. He said memorials could be considered when new facilities were constructed. He asked the Council to continue reminding the Administration about these issues. Councilmember Christensen said the Council and Administration could work collaboratively to keep this in the planning process.

Councilmember Buhler said in regard to the Mayor’s comment about involving the community, he asked if future ceremonies could be broadcast on Channel 17. He said if the ceremony was taped it could be re-broadcast. He said it would not cover the entire community but would widen the audience.

Mayor Anderson said he liked the idea and the Administration would pursue the suggestion. He said perhaps a narration of the ceremony could be placed on the City’s website.

Christine Madsen, Salt Lake City , said a lot of homes in the Sugarhouse area had sideyard air conditioners, which did not meet the four-foot requirement. She said residents did not observe the ordinance and the City did not uniformly enforce it. She said she understood the allowable noise level could not exceed 55 decibels at the property line. She said as long as noise levels were not exceeded, conditioners could be moved closer to property lines without affecting neighbors. She said the ordinance needed to be reviewed if it was not being observed or enforced.

Richard Wirick, Salt Lake City , spoke and submitted written comments concerning the Mexican Independence Day festival. He said he wanted to thank the Council and Mayor for supporting the festival.

Paul Sharp, Salt Lake City , spoke and submitted written comments concerning smart growth, environmental issues, individual responsibility, freedom of choice, and less government. He said he was concerned about traffic calming measures and walkable community proposals. He said the Council needed to analyze these issues.

Gail Milliken, Salt Lake City , spoke and submitted written comments concerning Public Access Television, Americans with Disabilities Act (ADA) issues, and repairing damaged sidewalks. She said Council meetings needed to be televised for people who were housebound. She said she wanted to be a liaison between the Council and the disabled community.

Linda Williams, Salt Lake City , spoke and submitted written comments concerning side yard obstructions. She said she was sensitive to mechanical sounds and the noise from her neighbors yard was a problem. She said she wanted the Council to re-consider the issue and allow property owners to share the expense of moving air conditioners from sideyards to backyards.

Consul Martin Torres, Salt Lake City , said he wanted to invite the Mayor and Council to participate in the Mexican Independence Day festival September 14, 2002 . He said the events were free and hoped the festival would give something back to the community.

#1. RE: Adopting an ordinance amending Section 21A.36.020.B of the Salt Lake City Zoning Code regarding allowed obstructions in required yard areas, pursuant to Petition No. 400-01-26.

ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 59 of 2002 including Options 5 and 7 from the briefing material. He further moved that Option 7 be amended to allow the special exception routine and uncontested matters process in cases where there is less than four (4) feet from the property line for central air-conditioning compressors or systems, heating, ventilating, pool and filtering equipment in the side yard and where there is less than two (2) feet from the property line for window mounted refrigerated air-conditioners and evaporative swamp coolers in the side yard, which motion carried, all members voted aye, except Councilmember Saxton, who voted nay.

DISCUSSION: Councilmember Saxton said she was interested in the concept of allowing air conditioners or coolers in any sideyard based on noise levels. She said a sound threshold could be established and complaints would be triggered on that basis. She said the Health Department had been involved in the issue.

Councilmember Buhler said this was a complex issue and solutions could be interpreted different ways. He said health issues existed which required a cooling system and it would be a burden to require all equipment to be installed in the rear yard. He said he felt the proposal was a good compromise and in most cases, the four-foot provision would be adequate. He said he felt the noise limit option would be difficult to enforce because each case would require a decibel reading.

#2. RE: Adopting a resolution authorizing the issuance and providing for the sale of Salt Lake City, Salt Lake County, Utah $124,000 Special Assessment Bonds, Series 2002, Salt Lake City, Utah, Special Improvement District No. 101011 (The “Bonds”) providing for pricing and terms of the bonds, prescribing the form of bonds, the maturity and denomination of said bonds; providing for the continuance of a guaranty fund; authorizing and approving the form of a bond purchase agreement, and related matters.

ACTION: Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 46 of 2002, which motion carried, all members voted aye.

DISCUSSION: Councilmember Christensen asked if the resolution included the correct amount. Ms. Gust-Jenson said yes. She said the amount was $124,000 instead of $125,000.

#3. RE: Setting the date of September 17, 2002 at 7:00 p.m. to accept public comment and consider adopting a resolution amending Salt Lake City Resolution No. 37 of 2001 which adopted the Biennial Budget of the Municipal Building Authority of Salt Lake City, Utah, for the Fiscal Years beginning July 1, 2001 and ending June 30, 2002 and beginning July 1, 2002 and ending June 30, 2003. (Budget Amendment No. 4.)

ACTION: Councilmember Buhler moved and Councilmember Turner seconded to recess as the City Council and convene as the Municipal Building Authority, which motion carried, all members voted aye.

Councilmember Buhler moved and Councilmember Christensen seconded to set the date of September 17, 2002 for a public hearing, which motion carried, all members voted aye.

Councilmember Buhler moved and Councilmember Lambert seconded to adjourn as the Municipal Building Authority and reconvene as the City Council, which motion carried, all members voted aye.

ACTION: Councilmember Jergensen moved and Councilmember Turner seconded to approve the Consent Agenda, which motion carried, all members voted aye.

#1. RE: Adopting Resolution 47 of 2002 authorizing the Mayor to sign the Grant Agreement between Salt Lake City Corporation and the Salt Lake County Criminal Justice Services Division for the Court Programs.

#2. RE: Setting the date of October 1, 2002 at 7:00 p.m. to accept public comment and consider adopting an ordinance requesting to close a portion of March Street (2955 West) between 500 South and the railroad at approximately 570 South, pursuant to Petition No. 400-01-04.

#3. RE: Setting the date of September 17, 2002 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance No. 32 of 2001 which approved, ratified and finalized the Biennial Budget of Salt Lake City, Utah, including the Employment Staffing Document, for the Fiscal Years beginning July 1, 2001 and ending June 30, 2002 and beginning July 1, 2002 and ending June 30, 2003.

#4. RE: Approving the appointment of Kathleen Wheadon to the Capital Improvement Program Board for a term extending through June 6, 2005 .

#5. RE: Approving the re-appointment of Larry Myers to the Capital Improvement Program Board for a term extending through June 6, 2005 .

#6. RE: Approving the re-appointment of Kenneth Bullock to the Public Utilities Advisory Committee for a term extending through January 16, 2006 .

#7. RE: Approving the appointment of Mary Corporon to the Business Advisory Board for a term extending through December 26, 2005 .