02/22/2007 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, FEBRUARY 22 , 2007
The City Council of Salt Lake City, Utah, met in Regular Session on
Thursday, February 22, 2007, at 7 : 00 p.m. in Room 326, Committee Room,
City County Building, 451 South State .
The following Council Members were present:
Van Turner Nancy Saxton Dave Buhler
Eric Jergensen Carlton Christensen Soren Simonsen
Jill Remington Love
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; and Scott Crandall, Deputy City Recorder; were present.
Councilmember Turner presided at and conducted the meeting.
OPENING CEREMONY
#1. RE: 9:25:45PM Adopting a joint ceremonial resolution with the
Mayor expressing opposition to the Divine Strake testing at the Nevada
Test Site .
Councilmember Jergensen moved and Councilmember Simonsen seconded
to adopt Resolution 11 of 2007, which motion carried, all members voted
aye .
(R 07-1)
UNFINISHED BUSINESS
#1 . RE : 9:27:05PM Adopting an ordinance amending certain Sections
of Chapter 2 . 44 of the Salt Lake City Code relating to Conflict of
Interest. View Attachment
Councilmember Buhler moved and Councilmember Christensen seconded
to adopt Ordinance 4 of 2007 amending certain sections of Chapter 2 . 44
of the Salt Lake City Code, relating to conflict of interest as
originally proposed, plus the proposed new amendment to Section
2 . 44 . 040 Paragraph B titled Option No. 2 . (See attachment for Option
2) View Attachment
Councilmember Buhler said the amendment to Paragraph B provided
clarification without changing the substance of the subcommittee' s
proposal . He said public perception was important and the subcommittee
and Administration worked hard to clarify provisions in the ordinance .
He said individuals in elected or appointed offices held the public
trust and needed to ensure that nothing occurred to damage that trust.
He urged the Council to adopt the ordinance with the proposed
amendment.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, FEBRUARY 22, 2007
Substitute Motion: Councilmember Jergensen moved and
Councilmember Simonsen seconded to adopt Ordinance 4 of 2007 amending
certain sections of Chapter 2 .44 of the Salt Lake City Code, relating
to conflict of interest as originally proposed, plus proposed
amendments to Section 2 . 44 . 040 Paragraph B but substitute the new
proposed language for Paragraph C titled Option No. 3 . (See attachment
for Option 3) View Attachment
Councilmember Jergensen said he agreed when elected/administrative
officials were in the public trust, there needed to be complete
transparency but some officials had businesses they owned or were
involved in and felt the Council should not proscribe their ability to
potentially do business with the City. He said he felt transparency
could be achieved in a way which showed the public that no
inappropriate influence was made by an elected official . He said the
waiver provision contained in the ordinance would probably work but he
was concerned about the potential for political intrigue between the
Mayor and Council . He said he felt the review committee described in
Paragraph C would be more effective in minimizing political influence .
Councilmember Simonsen said he agreed the potential for a waiver
to become a political issue was greater with a single individual making
the decision versus a committee . He said he felt having an independent
board made the process more transparent and consistent with the
expression of the purpose statement which was to avoid the perception
of impropriety. He said there were other instances such as campaign
financing where the Council established limits . He said occasionally
there was public perception that campaign contributions were made in
order to effectuate an outcome . He said he felt the Council needed to
give the same consideration to this proposal and allow officials who
held other jobs and were acting responsibly the opportunity to
participate fully in programs, functions and services which the City
offered to businesses . He asked the Council to support the substitute
motion.
Councilmember Love said she would oppose the substitute motion.
She said she was sympathetic to the issue of Council Members who needed
the ability to conduct business while serving on the Council and felt
Councilmember Buhler' s proposed amendment addressed that. She said the
proposal allowed small businesses to continue to function and perform
work with the City as long as the Council Member was not directly
involved. She said serving as an elected official was a sacrifice but
the City had limited resources and did not think Council Members should
receive loans or grants while in office.
Councilmember Saxton said it was important for the City to
continue to have good people run for office who understood how
difficult it was to make a daily living. She said small businesses
were generally more transparent than larger businesses or corporations .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, FEBRUARY 22 , 2007
She said she felt it was important for the City to provide a climate
and checks and balances which allowed elected officials to do business .
She said small business owners did not have the ability to put their
business on hold and she did not believe they should have to devoid
themselves of a livelihood. She said she felt transparency and having
checks and balances were essential and would support the substitute
motion.
Councilmember Christensen said he shared Councilmember Love' s
concerns . He said service did not come without a price even for those
who worked for large businesses . He said in order to serve a third
term he chose to change his career after 16 years which resulted in
some challenges and adjustments . He said he believed it was doable to
run a successful business without coming to the City for funding. He
said being an elected official was challenging and came with a level of
transparency which impacted decisions Council Members made and how they
served.
Councilmember Simonsen said he felt the proposal overstepped the
purpose statement and felt a motion could be made to table the issue to
allow more exploration. He said it was difficult to hypothesize all
possible scenarios which could create a conflict of interest . He said
the Council could consider expanding the circumstances under which the
review board would meet to ensure all potential conflicts were fully
addressed.
Councilmember Turner called for the question on the substitute
motion. A roll call vote was taken, which motion failed, Council
Members Christensen, Buhler, Turner and Love voted nay and Council
Members Simonsen, Saxton and Jergensen voted aye .
Councilmember Turner called for the question on the original
motion. A roll call vote was taken, which motion carried, Council
Members Christensen, Buhler, Turner, Love, Saxton, and Jergensen voted
aye and Councilmember Simonsen voted nay.
(0 07-2)
CONSENT AGENDA 9:54:32 PM
Councilmember Buhler moved and Councilmember Jergensen seconded to
approve the Consent Agenda, which motion carried, all members voted
aye .
#1. RE: Setting the date of March 13, 2007 at 7 : 00 p.m. to
accept public comment and consider adopting a resolution initiating
eminent domain proceedings regarding property affected by the
establishment and operation of a public transit district.
(R 07-7)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, FEBRUARY 22, 2007
#2 . RE: Setting the date of March 20 , 2007 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance amending the
Downtown Master Plan and the Urban Design Element pursuant to Petition
400-06-37 (City Creek Center) .
(P 07-1)
The meeting adjourned at 9 : 54 p .m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
February 22, 2007 .
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