February 10, 2004 City Council minutes

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, February 10, 2004, 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

Nancy Saxton Dave Buhler Jill Remington Love Dale Lambert

Rocky Fluhart, Deputy Mayor; Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; and Scott Crandall, Deputy City Recorder were present.

Councilmember Love presided at and Councilmember Saxton conducted the meeting.

#2. Councilmember Christensen moved and Councilmember Turner seconded to approve the minutes of the Salt Lake City Council meeting held February 3, 2004 , which motion carried, all members voted aye.

#1. RE: Accept public comment and consider adopting an ordinance rezoning properties located at 622, 624, 626 South 1100 East from Institutional (I) to Residential (R-2), pursuant to Petition No. 400-03-21.

Penny Archibald-Stone, East Central Community Council Chair, said the Community Council and Douglas Neighborhood Association wanted the Council to adopt the proposal.

Councilmember Buhler moved and Councilmember Turner seconded to close the public hearing, which motion carried, all members voted aye.

Councilmember Love moved and Councilmember Jergensen seconded to adopt Ordinance 7 of 2004, which motion carried, all members voted aye.

#2. RE: Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 58 of 2003, which adopted the Final Budget of Salt Lake City , including the employment staffing document, for Fiscal Year 2003-2004.

Councilmember Jergensen moved and Councilmember Lambert seconded to close the public hearing, which motion carried, all members voted aye.

Councilmember Christensen asked if the proposed ordinance included the Smartzone Controller. Michael Sears, Council Budget and Policy Analyst, said yes.

Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Ordinance 8 of 2004, which motion carried, all members voted aye.

#3. RE: Accept public comment and consider adopting a resolution adopting and approving an interlocal agreement between the Utah Transit Authority (UTA) and Salt Lake City .

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

Councilmember Saxton said she felt this was a bad decision and would set a precedent for future projects. She said she was concerned about giving away too many rights to UTA. She said she thought the City was being unfair concerning who should or should not be required to obtain permits. She said UTA needed to be held to the same standard as everyone else. She said she was concerned the proposed agreement was for 50 years. She said she felt the City should not be held hostage by potential State legislation and would vote against the motion.

Councilmember Lambert said he felt the proposal would promote mass transit. He said he felt City representatives had negotiated an acceptable deal and if the decision was left up to the Legislature, the City could end up in a worse position. He said UTA owned the land and felt the City was not giving away important rights.

Councilmember Love moved and Councilmember Christensen seconded to adopt Resolution 9 of 2004, which motion carried, all members voted aye, except Councilmember Saxton, who voted nay.

Councilmember Jergensen said a bill was circulating through the Legislature regarding benefit payments for public safety officials. He said he received an e-mail indicating the bill had been stopped or significantly changed and asked about the status. Mr. Fluhart said he received a similar report but could not verify the information. Councilmember Jergensen asked if Mr. Fluhart would follow-up on the issue. Mr. Fluhart said yes.

Councilmember Christensen asked if the Administration had taken a position on the Utah Telecommunication Open Infrastructure Agency (UTOPIA) proposal. Mr. Fluhart said no. He said the Administration was still gathering information.

Douglas Cotant spoke concerning the KUTV studio tour and UTA’s responsibility to control and regulate passenger behavior.

Lonnie Pursifull submitted written comments and spoke concerning constitutional rights. He said the City needed to be careful about adopting guidelines restricting free speech.

#1. RE: Adopting a resolution authorizing a loan from Salt Lake City’s Housing Trust Fund to Utah Non-Profit Housing Corporation for the Liberty Wells Retirement Community project to be located at 280 East 800 South.

Councilmember Jergensen moved and Councilmember Turner seconded to adopt Resolution 10 of 2004, which motion carried, all members voted aye.

#1. RE: Setting the date of March 2, 2004 at 7:00 p.m. to accept public comment and consider adopting a resolution authorizing and approving a pledge of its sales tax revenues; authorizing the execution by the City of a pledge and loan agreement and any other documents required in connection therewith; providing for the publication of a notice of pledge of excise tax revenues; providing for the running of a contest period; authorizing and approving the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters. (Utah Telecommunication Open Infrastructure Agency)(UTOPIA)

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

#3. RE: Approving the reappointment of Jan Striefel to the Public Utilities Advisory Committee for a term extending through November 21, 2008 .

#4. RE: Approving the reappointment of Cara Lingstuyl to the Housing Trust Fund Advisory Board for a term extending through December 25, 2006 .

#5. RE: Approving the appointment of Ahmed Warfa to the Police Civilian Review Board for a term extending through September 4, 2006 .

#6. RE: Approving the reappointment of Nancy Young to the Public Utilities Advisory Committee for a term extending through January 21, 2008 .

Councilmember Lambert said he needed to be rescued from Item G-1 regarding UTOPIA.

Councilmember Buhler moved and Councilmember Christensen seconded to approve Items 2-6 of the Consent Agenda, which motion carried, all members voted aye.

Councilmember Jergensen moved and Councilmember Turner seconded to approve Item 1 of the Consent Agenda, which motion carried, all members voted aye, except Councilmember Lambert, who was recused.