September 14, 2004 City Council minutes

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, September 14, 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 Dave Buhler Nancy Saxton

The following Council Members were absent:

Dale Lambert

Jill Remington-Love

Mayor Ross C. “Rocky” Anderson; Cindy Gust-Jenson, Executive Council Director; Ed Rutan, City Attorney; and Chris Meeker, Chief Deputy City Recorder were present.

Councilmember Christensen presided and Councilmember Saxton conducted the meeting.

#2. Councilmember Buhler moved and Councilmember Christensen seconded to re-approve the minutes of Salt Lake City Council meetings held August 24, 2004, which motion carried, all members present voted aye.

#1. RE: Accept public comment and consider adopting an ordinance rezoning property located at 2665 East Parley’s Way from Commercial Business (CB) to Residential Multi-Family (RMF-35) and amending the East Bench Community Master Plan. Pursuant to Petition No. 400-04-02. (Requested by Rick Plewe).

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

Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Ordinance 74 of 2004, which motion carried, all members present voted aye.

#2. RE: Accept public comment and consider adopting an ordinance closing a portion of Bellflower Street (3130 W) between the railroad right-of-way and 700 South and a portion of 700 South between Fulton Street (approximately 3000 West) and Bellflower Street . (Requested by BFI/burbsLLC).

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

Councilmember Turner said originally this West Salt Lake area had been plotted for a subdivision. He said noise from the Airport made the area unlivable for residential homes. He said currently it was a warehouse area. He said the original design did not fit the current use and a number of old platted streets needed to be eliminated in the future.

Councilmember Turner moved and Councilmember Christensen seconded to adopt Ordinance 75 of 2004, which motion carried, all members present voted aye.

James H. Gutzwiller, Robinson Fans West did not wish to speak but was concerned about the closure of right-of-ways and trash stored at the site.

Mayor Anderson said he and Councilmember Buhler attended the opening of the new Beacon Heights School . He said Councilmember Buhler presented the school with a small version of the Children of Light sculpture. He said the sculpture was well received.

Councilmember Saxton said Councilmember Buhler had been the leader in the Olympic Legacy project for the City Council.

Councilmember Saxton said Council Members Love and Lambert were excused from the meeting. She said Councilmember Lambert was out of the Country and Councilmember Love was enjoying time with her new baby girl.

Douglas Cotant spoke regarding considering an ordinance regulating religious discussion in public restaurants.

Michael Dolan spoke regarding the traffic on 400 South. He asked that traffic lights on 400 South to be timed.

Bob Fisher spoke regarding construction on 2100 South and Board of Health regulations for dogs at public gatherings.

The following citizens spoke regarding the Rose Park Small Area Plan. Jacob Gines, Adam Jensen, and Adam Nalor.

Henry Archer spoke regarding the traffic signal at South Campus Drive and 1500 East. He said a no left turn sign posted on the signal was to small to see.

Matthew Clinger spoke regarding the new cross walk on 500 South across from the Veterans Hospital .

Eddie Zaugg spoke regarding TRAX and stop lights. He asked that lights be timed so TRAX did not have to stop.

#1. RE: Adopting a resolution approving and modifying the process and evaluation guidelines regarding the City’s Dogs Off-leash Program.

Councilmember Buhler complimented citizens and the Millcreek Fidos association regarding volunteer support. He said the new protocol would involve the community in a more direct way in maintaining as well as selecting areas for off-leash parks. He said this also recognized that the City had limited funds and people were interested in helping to make off-leash parks a reality.

Councilmember Christensen said he agreed with Councilmember Buhler. He said he hoped new park sites could be opened. He reminded people of the responsibilities regarding dogs and parks.

Councilmember Jergensen said the advantage to the new protocol was people taking dogs to parks. He said it allowed for all City parks with volunteer support groups to have an off-leash area. He said discussion had taken place for some time regarding Warm Spring Park having an off-leash area. He said this would bring more activity and rejuvenation to the park.

Councilmember Saxton commended the way in which the new protocol was developed. She said this was a quality of life.

Councilmember Buhler moved and Councilmember Jergensen seconded to adopt Resolution 52 of 2004, which motion carried, all members present voted aye.

#2. RE: Adopting an ordinance adopting the Bicycle and Pedestrian Master Plan.

Councilmember Jergensen moved and Councilmember Turner seconded to adopt Ordinance 76 of 2004, which motion carried, all members present voted aye.

#3. RE: Consider adopting an ordinance to amending Section 16.04.050, Salt Lake City Code, pertaining to the definition of airport; amending Section 16.08.020, Salt Lake City Code, pertaining to Salt Lake City International airport-master plan boundaries described; amending Section 16.08.030, Salt Lake City Code, pertaining to Salt Lake City Airport II Master Plan described; amending Section 16.12.090, Salt Lake City Code, pertaining to persons employing professional skills; amending Section 16.12.210, Salt Lake City Code, pertaining to repairs to aircraft; amending Section 16.12.250, Salt Lake City Code, pertaining to dogs; amending Section 16.12.260, Salt Lake City Code, pertaining to firearms and explosives; amending Section 16.12.310, Salt Lake City Code, pertaining to flying of model airplanes; repealing Section 16.16.100, Salt Lake City Code, pertaining to radio communications; repealing Section 16.16.120, Salt Lake City Code, pertaining to airport beacon lighted during daylight hours-IFR; amending Section 16.16.150, Salt Lake City Code, pertaining to exceeding airport weight limits prohibited; amending Section 16.16.180, Salt Lake City Code, pertaining to flight over the city-minimum altitude; amending Section 16.16.190, Salt Lake City Code, pertaining to demonstration flights; repealing Section 16.16.270, Salt Lake City Code, pertaining to tail skids prohibited; amending Section 16.16.310, Salt Lake City Code, pertaining to gliders, balloons and similar vehicles prohibited; amending Section 16.16.320, Salt Lake City Code, pertaining to ultralight and ultralight-like vehicles, repealing Section 16.20.010, Salt Lake City Code, pertaining to conformance required-violations; repealing Section 16.20.020, Salt Lake City Code, pertaining to traffic pattern described; repealing Section 16.20.030, Salt Lake City Code, pertaining to entering and leaving pattern; repealing Section 16.20.040, Salt Lake City Code, pertaining to passing aircraft in traffic pattern; repealing Section 16.24.020, Salt Lake City Code, pertaining to starting engines; repealing Section 16.24.030, Salt Lake City Code, pertaining to the runup of jet or jet prop engines; amending Section 16.28.040, Salt Lake City Code, pertaining to crossing runways; repealing Section 16.32.030, Salt Lake City Code, pertaining to takeoffs and landings to be on runways; repealing Section 16.32.040, Salt Lake City Code, pertaining to midway runway clearance; repealing Section 16.32.050, Salt Lake City Code, pertaining to runup procedure; repealing Section 16.32.060, Salt Lake City Code, pertaining to turns after takeoff; repealing Section 16.32.070, Salt Lake City Code, pertaining to highway clearance; repealing Section 16.32.080, Salt Lake City Code, pertaining to formation takeoffs; repealing Section 16.32.090, Salt Lake City Code, pertaining to unusual maneuvers; repealing Section 16.32.100, Salt Lake City Code, pertaining to touch-and-go landings; amending Section 16.32.110, Salt Lake City Code, pertaining to manned balloons launch site requirements; repealing Section 16.36.020, Salt Lake City Code, pertaining to entering the traffic pattern to land; repealing Section 16.36.030, Salt Lake City Code, pertaining to clearance to land required; amending Section 16.36.040, Salt Lake City Code, pertaining to use of runways required; repealing Section 16.36.050, Salt Lake City Code, pertaining to highway clearance when landing from the South; repealing Section 16.36.060, Salt Lake City Code, pertaining to clearing runways after landing; repealing Section 16.36.070, Salt Lake City Code, pertaining to practice landings; amending Section 16.36.080, Salt Lake City Code, pertaining to passing aircraft while landing prohibited: amending Section 16.40.040, Salt Lake City Code, pertaining to air taxi and transient parking; amending Section 16.40.060, Salt Lake City Code, pertaining to owner responsible for securing aircraft; amending Section 16.44.010, Salt Lake City Code, pertaining to definitions; repealing Section 16.44.030, Salt Lake City Code, pertaining to Stage 1 Aircraft Notice of compliance; amending Section 16.48.170, Salt Lake City Code, pertaining to motor vehicle in hangars prohibited; amending Section 16.52.170, Salt Lake City Code, pertaining to refueling vehicles parking restrictions; amending Section 16.56.110, Salt Lake City Code, pertaining to airframe and/or power plant repair; amending Section 16.60.060, Salt Lake City Code, pertaining to prohibited vehicles and animals; amending Section 16.60.065, Salt Lake City Code, pertaining to parking areas; and amending Section 16.64.020, Salt Lake City Code, pertaining to removal or grounding of aircraft authorized when.

Councilmember Christensen moved and Councilmember Turner seconded to adopt Ordinance 77 of 2004, which motion carried, all members present voted aye.

Councilmember Christensen said he received calls regarding Section 16.16.180 of the code which contained exemptions for flying reindeer on Christmas Eve.

Councilmember Jergensen said he received an E-Mail stating this section of the code should be retained for children.

#4. RE: Adopting an amendment to the existing protocol agreement to clarify eligibility and timeliness of fee refund requests.

Councilmember Jergensen moved and Councilmember Turner seconded to adopt the amendment, which motion carried, all members present voted aye

#5. RE: Adopting a resolution authorizing a loan from Salt Lake City ’s Housing Trust Fund to Utah nonprofit Housing Corporation for the Milestone Apartment Project.

Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 53 of 2004, which motion carried, all members present voted aye.

#6. RE: Adopting a resolution authorizing a loan from Salt Lake City’s Housing Trust Fund to Multi-Ethnic Development Corporation for the 700 South Condos Project.

Councilmember Christensen moved and Councilmember Turner seconded to adopt Resolution 54 of 2004, which motion carried, all members present voted aye.

Councilmember Jergensen said he was in favor of the project. He asked that the housing policy be completed as soon as possible.

Councilmember Christensen said the time frame for available land for the project was urgent and waiting for the policy was not an option.

Councilmember Buhler moved and Councilmember Christensen seconded to adopt the consent agenda, which motion carried, all members present voted aye.

#1. Setting the date of September 21, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance NO 63 of 2004 which approved, ratified and finalized the budget of Salt Lake City, Utah including the employment staffing document, for the fiscal year beginning July 1, 2004 and ending June 30, 2005.

#2. Setting the date of October 5, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Salt Lake City Code regarding the sign regulations for the Delta Center specialized signage district. Pursuant to Petition 400-04-10

#3. RE: Setting the date of October 5, 2004 at 7:00 p.m. to accept public comment and consider adopting an ordinance rezoning property located at approximately 1532/1560 West 200 South from Residential R-1/5000 to Commercial Neighborhood CN and amending the West Salt Lake Master Plan. Pursuant to Petition 400-03-10 (Requested by Shaw Homes, Inc.)

#4. RE: Adopting Resolution 55 of 2004, authorizing the approval of and Interlocal Cooperation Landscape maintenance agreement between Salt Lake City Corporation and Utah Department of Transportation. (700 East).

#5. RE: Adopting Resolution 56 of 2004, authorizing the approval of and Interlocal Cooperation modification 1- preconstruction & construction reimbursement between Salt Lake City Corporation and Utah Department of Transportation. (700 East).

#6. RE: Approving the appointment of Lisa Thompson, to the City & County Building Conservancy & Use Committee for a term extending through July 21, 2008.

#7. RE: Approving the appointment of Larry Migliaccio, to the City & County Building Conservancy & Use Committee for a term extending through July 21, 2008.

#8. RE: Approving the appointment of Marisol “Mardi” Garza, to the Arts Council for a term extending through July 1, 2007.

#9. RE: Approving the appointment of Arturo Gamonal, to the Community Development Advisory Committee for a term extending through July 2, 2007.

#10. RE: Approving the appointment of James Steven Fountain, to the Capital Improvement Program for a term extending through June 4, 2007.

#11. RE: Approving the appointment of Georg Stutzenberger to the Capital Improvement Program for a term extending through June 4, 2007.

#12. RE: Approving the re-appointment of Samual Straight, to the Community Development Advisory Committee for a term extending through July 2, 2007.

#13. RE: Approving the re-appointment of Peggy A McDonough, to the Planning Commission for a term extending through July 1, 2008.

#14. RE: Approving the appointment of Tim Dolan, to the Arts Council for a term extending through July 1 2007.