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02/15/2011 - Formal Meeting - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, FEBRUARY 15 , 2011 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, February 15, 2011 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 Stan Penfold Luke Garrott Soren Simonsen J T Martin Jill Remington Love Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff; and Beverly Jones, Deputy City Recorder; were present. Councilmember Love presided at and Councilmember Garrott conducted the meeting. OPENING CEREMONY #1 . 7 : 07 : 57 PM The Council led the Pledge of Allegiance. #2 . 7 : 08 : 32 PM Adopting a joint resolution with Mayor Becker supporting the goals of the Community Covenant Program and recognizing the sacrifice and needs of service members and their families . The Community Covenant Program is an initiative designed to reach out to all military service members regardless of service branch. The intent of the program is to foster and sustain effective partnerships between local communities and the service members, military families and veterans who live within those communities . View Attachments Councilmember Christensen read the resolution. Councilmember Christensen moved and Councilmember Love seconded to adopt Resolution 4 of 2011, which motion carried, all members voted aye . (R 11-1) #3. 7 : 11:28 PM Adopting a joint resolution with Mayor Becker urging Governor Herbert and the Utah State Legislature to retain and support the Utah State Office of Ethnic Affairs. View Attachment Jani Iwamoto, County Councilmember, spoke about the resolution. Councilmember Love read and presented the resolution to Ms . Iwamoto . Councilmember Love moved and Councilmember Penfold seconded to adopt Resolution 5 of 2011, which motion carried, all members voted aye . 11 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, FEBRUARY 15, 2011 (R 11-1) #4 . 7 : 20 : 45 PM Councilmember Simonsen moved and Councilmember Penfold seconded to approve the Salt Lake City Council minutes for February 1, 2011 , which motion carried, all members voted aye . View Attachment (M 11-3) PUBLIC HEARING #1 . RE: 7 :21 : 11 PM Accept public comment and consider adopting an ordinance amending Salt Lake City Ordinance 34 of 2010 which adopted the final budget of Salt Lake City, Utah, for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011 . (Related items associated with budget and staffing documents may also be amended. ) (Budget Amendment No. 3) View Attachments The following spoke or submitted hearing cards in support of the Mountain View Community Learning Center: Idris Hassan; John Erlacher; Francisco Brisino; Michael Clara; Michael Morgan Moonbird; Haytham Ibrahim; Nancy Flanders; Robert Archuleta; Tim Porter; Sarah Little; Megan Chavez ; Ashley Edgette; Dane Hess; James Martin; Ami Cutting; Joe Brown; Jose Munoz; Reverend Harold Fields and Bill Jiang. The following spoke or submitted hearing cards about the proposed soccer complex lawsuit: Jeff Salt; Ray Kingston and Dan Potts . Randy Sorensen spoke about funding for street lighting. Councilmember Garrott said the Council was considering a lighting policy which would address his concerns . Edwin Rutan, City Attorney, said there was misunderstanding about the nature of the court proceeding for the soccer complex. He said the voters had passed the bond in 2003 . He said the proceeding made sure all legal procedures had been met . He said no individual citizen would be liable . Councilmember Turner moved and Councilmember Simonsen seconded to close the public hearing, which motion carried, all members voted aye . Councilmember Turner moved and Councilmember Christensen seconded to adopt Ordinance 4 of 2011 approving Budget Amendment A-9 for $233,732 for construction of the Community Learning Center adjacent to Mountain View Elementary School and defer action on all other budget amendment items to a future date. 11 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, FEBRUARY 15 , 2011 Councilmember Turner said he felt the learning center would be an asset to his area. Councilmember Christensen said this item went through the Community Development Block Grant (CDBG) allocation public process last year. He said releasing these funds was important. Councilmember Garrott thanked the Mayor for bringing the learning center forward and making recommendation in the CDBG. Councilmember Garrott called for the question, which motion carried, all members voted aye . (B 11-4) COMMENTS TO THE CITY COUNCIL 8 : 05 : 52 PM Douglas Cotant said police officers put their lives on the line daily. He said giving these officers a raise was more important than a sports complex. He said lighting should also be considered. Jeff Salt, Coordinator for the Friends of Parley' s Historic Nature Park, said the Management Plan had changed and a public hearing was needed. Bob Brister, Utah Environmental Congress, said he was in favor of protecting Parley' s Historic Nature Park as a nature park. He said he was concerned about e-coli pollution in the stream. Jack Arnott thanked the Council for the hard work and attention dedicated to Parley' s Nature Park. He said a fence was needed to separate the Pratt Trail from the side where dogs could still be off-leash. Archie Archuletta said he was speaking for a committee that came together when the State Legislature took funding for the Office of Ethnic Affairs . He thanked Mayor Becker and the Council for their work in diversity. Dan Potts said a small group of wetlands experts were allowed to tour the soccer complex construction site . He said the wetlands were being destroyed. Edwin Rutan, City Attorney, said the Jordan River Restoration Network accusations would be responded to in court. Julie Bryant said Millcreek Fidos was the sponsor of Parley' s Historic Nature Park. She said the Council had gone from an off-leash area to making 70% of the park off-leash. Ray Kingston requested that information he submitted from court proceedings on the soccer complex hearing be entered into the record. (See File M 11-1) Nancy von Allmen expressed her gratitude to the Council, Mayor Becker and Council staff for the years of time, energy and sole invested in preserving a good percentage of Parley' s Historic Nature 11 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, FEBRUARY 15, 2011 Park. She said long term protection had been invested and would benefit many generations for years to come . The following submitted hearing cards but did not wish to speak: Emil Kmet and Jack Gray on Parley' s Historic Nature Park; Steven Ha and Raymond Uno on the State Office of Ethnic Affairs resolution . NEW BUSINESS #1 . RE: 8 :25 : 13 PM Approving a resolution supporting Open Lands Program funding and a community effort to raise funds for a neighborhood park to be located at 1560 East Atkin Avenue (2828 South) . View Attachments Councilmember Simonsen moved and Councilmember Turner seconded to suspend the rules and adopt Resolution 6 of 2011 , which motion carried, all members voted aye . (R 11-2) #2 . RE: 8 :26 : 11 PM Adopting a resolution confirming the appointment of Kathy Loveless to serve as a member of the board of trustees of the Metropolitan Water District of Salt Lake and Sandy for a four-year term until January 1, 2015 . Councilmember Christensen moved and Councilmember Simonsen seconded to suspend the rules and adopt Resolution 7 of 2011, which motion carried, all members voted aye . (I 11-11) UNFINISHED BUSINESS #1 . RE: 8 :26 : 39 PM Adopting: A) An ordinance enacting Section 15 . 04 . 145, Salt Lake City Code, to add Parley' s Historic Nature Park to the list of City parks, playfields and golf courses; Councilmember Love moved and Councilmember Simonsen seconded to adopt Ordinance 5 of 2011, which motion carried, all members voted aye . B) An ordinance amending Section 8 . 04 . 390 and Section 15 . 08 . 070, Salt Lake City Code, to designate and authorize dog off-leash areas in Parley' s Historic Nature Park; 11 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, FEBRUARY 15, 2011 Councilmember Love moved and Councilmember Simonsen seconded to adopt Ordinance 6 of 2011, which motion carried, all members voted aye . C) An ordinance enacting Chapter 15 . 10, Salt Lake City Code, to establish use and management rules for Parley' s Historic Nature Park. View Attachments Councilmember Love moved and Councilmember Penfold seconded to adopt Ordinance 7 of 2011 enacting Chapter 15 . 10 establishing use and management rules for Parley' s Historic Nature Park and further move that Subsection 15 . 10 . 060 (C) be rewritten as follows : dogs shall be prohibited on the south loop trail located between the pedestrian bridges over Parley' s Creek and on the trail from Entrance C to the south loop trail, until the riparian wetland and spring restoration is deemed successfully established and user compliance with park rules is assessed. Thereafter, dogs may be allowed on such trails as determined by the Mayor in accordance with applicable management policies of the comprehensive use and management plan and further move that the interim and comprehensive use plan maps be amended to give the trail from Entrance C to the south loop trail the same designation as the south loop trail i .e. the trail use shall be subject to monitoring and management standards set forth in the Comprehensive Use and Management Plan and further move that Subsection 15 . 10 . 040 (B) be amended to read as follows : dogs may enter the park at Entrances A, B1 and B2 pursuant to Subsection 15 . 10 . 060 (C) and that the Mayor may elect to allow dogs to enter the park at Entrance C; and further move that we make the following change (referred to a map on Page 13) the section of yellow trail on the northeast corner that connects the two off-leash areas be changed to dotted green which means the trail use subject to monitoring and management standards and that the language within the ordinance be changed accordingly to reflect that. Councilmember Love said the Mayor' s intent was that dogs not be allowed at the neighborhood entrance . She said she supported that and understood the rationale . She said after the restoration work was completed, her motion gave the Mayor flexibility to change the use of that entrance . She said with flexibility the section of trail between the two off-leash areas could be deemed appropriate to let dogs be off-leash after slope work had been completed. Councilmember Martin said he was concerned a future Administration could make changes that would completely go against everything the Council had done . Councilmember Garrott said the motion left more flexibility and management to the Administration. He said the Council could override concerns as they went through the restoration work, of assessing the conditions in the park and 11 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, FEBRUARY 15 , 2011 reworking the trail on the south side . He said he was comfortable with the motion. Councilmember Martin moved and Councilmember Turner seconded to pull out the part of the motion on the south entrance from the neighborhoods. Councilmember Martin said the south side had a different use and was controversial . He said users would not have the impact of all the cars parked there in the future . Councilmember Christensen said future mayors by virtue of their position had the ability to manage most lands as they saw fit within the confines of the ordinances . Councilmember Simonsen said he knew there were a large number of dog owners in the neighborhood that used the access . He said once the vandalism and parking issues were managed perhaps allowing some on- leash access to the park from the location could serve the neighborhood. He said many people had moved there because of the proximity of the resource . Councilmember Penfold said considering the extensive restoration required on the trail, he felt comfortable giving flexibility to the Mayor. He said he was comfortable with Councilmember Love' s original motion. Councilmember Garrott called for a roll call vote on the substitute motion, which motion failed, Council Members Martin and Turner voted aye and Council Members Simonsen, Love, Penfold, Garrott and Christensen voted nay. Councilmember Simonsen said Parley' s Trail in the current alignment had been problematic. He said he wanted to add the original proposed Parley' s Trail alignment back in. Councilmember Love thanked her colleges and Mayor Becker. Councilmember Turner said they had confidence in the Mayor to manage the property. He said the Council would continue to move forward with the park. Councilmember Christensen thanked the Mayor for taking the time to find something the majority of them could agree on. Councilmember Garrott said he had a different view than the Mayor about what the park should be. He said this had been an urban wild land and a neighborhood park for a long time. He said it had been created and taken care of by the users . He said the City was going to look for management opportunities in the park. He said to him that was an overreach by government and he felt they were going to disturb the park profoundly. 11 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, FEBRUARY 15 , 2011 Councilmember Simonsen moved to add in a connection showing the original Parley' s Trail alignment as a possible future provision. Motion failed due to lack of second. Councilmember Penfold asked the Administration if they would be willing to explore that option in the future . Mayor Becker said UDOT had indicated no interest in making the right-of-way available because of potential future use for expansion of I-80 . Cindy Gust-Jenson, Executive Council Director, said staff needed to check the record and confer with the Attorney' s because a Legislative Intent Statement was included in the December motions . She said the ordinances were vetoed but typically Legislative Intent was not subject to a veto. She said they would report back to the Council at a future night. Councilmember Simonsen said he was inclined to support the motion although it was not ideal and it was not what he wanted to see. He said there were a number of issues including water quality that he was not comfortable with. He said he believed allowing flexibility was appropriate when there were so many unknown conditions . He said he remained concerned about conflicts with the Parley' s Trail interchange and the fact that major users of the park continue to be back seated to minor users of the park. He said he was concerned about continued access to water by people in areas they knew were subject to seasonal spikes in e-coli levels . Councilmember Garrott called for a roll call vote on the original motion, which motion carried, Council Members Christensen, Turner, Penfold, Love, Martin, Simonsen voted aye and Councilmember Garrott voted nay. Provisions of the City Code related to those listed above may also be amended as part of this action. (T 10-5) CONSENT AGENDA 9 : 06 : 07 PM Councilmember Penfold moved and Councilmember Turner seconded to approve the Consent Agenda, which motion carried, all members voted aye . #1 . RE: Approving the appointment of Connie Linardakis to the Citizen' s Compensation Advisory Committee for a term extending through August 31, 2013 . (I 11-7) 11 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, FEBRUARY 15, 2011 #2 . RE: Approving the appointment of Stephen James to the Historic Landmark Commission for a term extending through July 14, 2013 . (I 11-8) #3 . RE: Approving the appointment of Michael Clara to the Housing Authority Advisory Board for a term extending through October 1, 2015 . (I 11-9) #4 . RE: Approving the reappointment of Allan Orr to the Public Utilities Advisory Board for a term extending through January 19, 2015 . (I 11-10) The meeting adjourned at 9 : 06 p .m. This document along with the digital recording constitute the official minutes of the City Council Regular Session meeting held February 15, 2011 . bj 11 - 8