The City Council of Salt Lake Ci

The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, November 15, 2005 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 Jill Remington Love

Eric Jergensen Dave Buhler

Nancy Saxton Dale Lambert

The following Councilmember was absent:

Van Turner

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

Councilmember Lambert presided at and conducted the meeting.

#1. RE: Accept public comment and hear protests concerning the proposed creation of the Salt Lake City, Utah Sidewalk Replacement Special Improvement District 2004-05 Fiscal Year, Job No. 102119 (the “District”), to construct improvements within the City consisting of the installation of concrete sidewalks, driveway aprons, curb, gutter and asphalt tie-ins, appurtenances and all other miscellaneous work necessary to complete the improvements in a proper workmanlike manner; to pay the acquisition and installation costs and expenses by special assessments to be levied against the property benefited by such improvements; to provide notice of intention to authorize such improvements and to fix a time and place for protests against such improvements, assessments or the creation of the District; to declare its official intent to reimburse itself for expenditures paid by it prior to the sale of bonds; and to authorize advertisement of construction bids and related matters.

Max Peterson, City Engineer, said out of 692 property owners, seven had protested. He said that was approximately a .54% protest rate.

Councilmember Buhler moved and Councilmember Love seconded to close the public hearing and refer to Engineering for tabulation, which motion carried, all members present voted aye.

#2. RE: Accept public comment and consider adopting an ordinance rezoning properties located within the general area of 405 West 2300 North on the Lake Bonneville Bench area east of Beck Street from an Open Space Zoning District to a Natural Open Space District pursuant to Petition No. 400-05-20.

The following people spoke or submitted hearing cards in opposition to the rezoning: Lynn Ballard, North Salt Lake City Councilmember; Kathy Sorenson, PTA President at Orchard Elementary; Leonard Arave, and Bill Wright.

The following people did not wish to speak but submitted hearing cards in favor of the rezoning: Martin McGregor and Charles Bohn.

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

Councilmember Jergensen moved and Councilmember Love seconded to adopt Ordinance 74 of 2005 1) zoning the North Salt Lake and Salt Lake City-owned properties, (Parcels C and D) on the map and as identified in the ordinance from Open Space to Natural Open Space, and 2) the Council table the matter of the Staker/Hunter/ Bates property identified as Parcel E.

Councilmember Jergensen said a lot of time had been spent trying to come to an amicable solution and unfortunately that did not happen. He said he felt the best thing for all residents was to rezone the property as proposed.

Councilmember Christensen said this was a unique piece of ground. He said the proposed zoning was an appropriate way to preserve the area.

Councilmember Lambert said the land was important and he wanted to identify other properties within City boundaries where natural open space designation would be appropriate.

Councilmember Lambert called for the question, which motion carried, all members present voted aye.

#3. RE: Accept public comment and consider adopting an ordinance amending Section 21A.62.040 of the Salt Lake City Code pertaining to the zoning ordinance definition of “automobile” so that sale of motor scooters and motorized bicycles would be allowed in zoning districts that otherwise prohibit the sale of automobiles pursuant to Petition No. 400-05-12.

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

Councilmember Love asked if the scooters needed to be licensed. Kevin Lopiccolo, Manager/Zoning Administrator/ Planning Programs Supervisor, Preservation and Urban Design/ Zoning Administrator, said yes. He said the vehicles were licensed through the State Department of Motor Vehicles.

Councilmember Love moved and Councilmember Buhler seconded to adopt Ordinance 77 of 2005.

Councilmember Saxton said these vehicles were loud. She said at some point where the scooters and bikes were allowed to operate and the hours of operation would need to be considered.

Councilmember Lambert called for the question, which motion carried, all members present voted aye.

#4. RE: Accept public comment and consider adopting an ordinance closing and abandoning a portion of Navajo Street (1335 West) at approximately 83 South pursuant to Petition No. 400-05-01. (Richard Lether)

Richard Lether, Petitioner, said he was present to answer any questions the Council had.

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

Councilmember Christensen moved and Councilmember Saxton seconded to adopt Ordinance 78 of 2005, which motion carried, all members present voted aye.

#5. RE: Accept public comment and consider adopting an ordinance amending Table 21A.46.120(E)(5), Salt Lake City Code, pertaining to sign regulations for the Open Space (OS) District and an ordinance amending Section 21A.46.020, Salt Lake City Code, pertaining to sign code definitions pursuant to Petition No. 400-05-11.

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

Councilmember Love moved and Councilmember Jergensen seconded to adopt Ordinance 79 of 2005 pertaining to Sign Code Definitions and Ordinance 80 of 2005 pertaining to Sign Regulations for the Open Space District.

Councilmember Love said this addressed directional signs in many of the larger parks. She said some neighbors around Liberty Park felt there were too many visual aids. She said she had received calls from people who supported directional signs in the park.

Councilmember Lambert called for the question, which motion carried, all members present voted aye.

Daniel Siraj spoke concerning the transportation ordinance that would not allow him to run his business. Councilmember Lambert referred Mr. Siraj to Sam Guevara, Mayor’s Chief of Staff.

Steve Proper, Comcast, said the Council should have received Comcast’s initial comments about the Qwest franchise. He said there had not been much of a public process on the franchise agreement. He asked that as the Council moved forward with this issue they allowed for future public comment.

George Sturzenberger said signs needed to be installed to show people the right direction to Ensign Peak. He said Ensign Peak could not be reached through Columbus Street.

#1. RE: The Mayor and City Council will convene as the Board of Canvassers at their regular meeting place to consider adopting a motion accepting the City Recorder’s statement from the abstract of the votes constituting the canvass of the Salt Lake City Municipal Election held November 8, 2005 for Council Members of Council Districts 1, 3, 5 and 7.

Councilmember Saxton moved and Councilmember Christensen seconded to recess as the City Council and convene with the Mayor as the Board of Canvassers, which motion carried, all members present voted aye.

Councilmember Buhler moved and Councilmember Saxton seconded to adopt the canvass as presented to the Council by the City Recorder, which motion carried, all members present voted aye.

Councilmember Saxton moved and Councilmember Jergensen seconded to adjourn as the Board of Canvassers and reconvene as the City Council, which motion carried, all members present voted aye.

#2. RE: Adopting an ordinance confirming the modified and equalized assessment rolls and levying an assessment against certain properties in the Salt Lake City, Rose Park Special Improvement District (the “District”), for the purpose of paying the costs of installing decorative street lighting poles, and removing existing wooden street lighting poles; and other miscellaneous work which is necessary to complete the above improvements (collectively, the “Improvements”); establishing the effective date of the ordinance; and related matters.

Councilmember Christensen moved and Councilmember Jergensen seconded to adopt Ordinance 75 of 2005 confirming the modified and equalized assessment rolls and levying an assessment against certain properties in the Salt Lake City, Utah Rose Park Special Improvement District for the purpose of paying the costs of installing decorative street lighting poles and removing existing wooden street lighting poles; and other miscellaneous work which is necessary to complete the improvements; establishing the effective date of this ordinance, and related matters.

Councilmember Christensen said this project had been well received. He said both the City’s and the residents’ investments would be returned through the years.

Councilmember Lambert called for the question, which motion carried, all members present voted aye.

#3. RE: Authorizing the approval of an interlocal agreement between Metropolitan Water District of Salt Lake and Sandy, Salt Lake City Corporation and Sandy City regarding the acquisition of new water sources from the Utah Lake System (ULS).

Councilmember Jergensen moved and Councilmember Buhler seconded to adopt Resolution 64 of 2005, which motion carried, all members present voted aye.

#4. RE: Adopting a franchise ordinance with Qwest Broadband Services, Inc.

Councilmember Buhler moved and Councilmember Saxton seconded to approve the Consent Agenda with the exception of Items 1, 6, 7 and 8, which motion carried, all members present voted aye.

#1. RE: Setting the date of December 6, 2005 at 7:00 p.m. to accept public comment and consider adopting an ordinance adopting the Solid Waste Management Facility budget, as prepared and submitted by the Salt Lake Valley Solid Waste Management Council for calendar year 2006, subject to specific policy directives.

#2. RE: Setting the date of December 6, 2005 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Section 18.20.090, Salt Lake City Code, pertaining to penalties for starting work without a permit and amending Chapter 21A of the Salt Lake City Zoning Code pursuant to Petition No. 400-05-25.

#3. RE: Setting the date of December 8, 2005 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending Section 12.56.440 of the Salt Lake City Code relating to stopping or parking prohibited in certain areas. (Mailboxes)

#4. RE: Setting the date of December 13, 2005 at 7:00 p.m. to accept public comment and consider adopting a resolution adopting the Capital Improvement Program allocations for fiscal year 2005-06 and Impact Fees.

#5. RE: Setting the date of December 13, 2005 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending the Sugar House Community Zoning Map and Master Plan, rezoning properties generally located in the Sugar House area, and making other amendments of the Salt Lake City Zoning Code pursuant to Petition Nos. 400-01-32 and 400-02-08.

#6. RE: Setting the date of December 8, 2005 at 7:00 p.m. to accept public comment and consider adopting the Housing Policy Statements.

#7. RE: Setting the date of December 13, 2005 at 7:00 p.m. to accept public comment and consider adopting an ordinance amending and enacting specified Sections of Chapters 5.71, 5.72 and 16.60 of the Salt Lake City Code, pertaining to ground transportation.

#8. RE: Setting the date of December 13, 2005 at 7:00 p.m. to accept public comment and consider adopting a resolution regarding taxicab service in Salt Lake City that gives the City Council notice of its intent to change the taxicab regulatory system within Salt Lake City from a certificate of public convenience and necessity to a contract form of regulation.

#9. RE: Approving the appointment of Bill Nighswonger to the Housing Advisory and Appeals Board for a term extending through December 31, 2008.

#10. RE: Approving the appointment of Robert Earl Forbis to the Planning Commission for a term extending through July 1, 2006.