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07/10/1990 - Minutes (2) 410 PROCEIINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 10, 1990 The City Council of Salt Lake City, Utah, met as Committee of the Whole on Tuesday, July 10, 1990, at 5:00 p.m. in Room 325, City Council Offices, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. Councilmember Hardman called BOARD APPOINTMENT INTERVIEW the meeting to order at 5:00 p.m. He said the Executive Briefing Councilmember Hardman called would follow the interviews for Annette P. Cumming to the table the board appointments. and asked Ms. Cumming to brief the Council on her background. Ms. BOARD APPOINTMENT INTERVIEW Cumming said her father was a pilot and she had acquired a Councilmember Hardman called pilot' s license in 1972, but the Don L. Skaggs to the table and license was inactive at this time. asked Mr. Skaggs to brief the She said she worked for Leucadia Council on his background. Mr. National Corporation and was Skaggs said he was the President responsible for the accounting at of Skaggs Telecommunications Leucadia Aviation. Ms. Cumming Service which operated the largest said she had a strong interest in private fleet of executive air- aviation and would enjoy serving craft, and was a major tenant at on this board. the Airport. He said he had expertise in this area that would Councilmember Hardman asked be valuable to the board. if the Council had any questions. Councilmember Godfrey said Ms. Councilmember Hardman asked Cumming had contributed time to if the Council had any questions. the housing conference and had Councilmember Kirk asked Mr. done a very good job. Skaggs if he would have the time Councilmember Pace said Ms. Cum- to serve on the Airport Authority ming was a very good volunteer and Board, and if he was aware of the she would be honored to have her commitment involved. Mr. Skaggs serve on the board. said he would have the time, and that he would be committed to his Councilmember Hardman thanked appointment. Ms. Cumming for attending and wished her well. Councilmember Hale said he had known Mr. Skaggs personally BOARD APPOINTMENT INTERVIEW and was pleased that Mr. Skaggs was willing to donate his time to Councilmember Hardman called serve on the board. Roger M. Smedley to the table and asked Mr. Smedley to brief the Councilmember Hardman thanked Council on his background. Mr. Mr. Skaggs for coming and wished Smedley said he had a strong him well. 90-235 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 10, 1990 background in finance and current- adopt an ordinance for the new ly operated his own certified fees at a later date. financial planning business. He indicated that his financial Ms. Gust-Jenson said Item F-1 background would be helpful to the concerned the adoption of the board. Street Lighting District #1 ordi- nance. She said George Rogers may Councilmember Hardman asked come to the meeting to address the the Council if they had any ques- Council. She said he was request- tions. The Council had no further ing that a second corner lot questions and Councilmember property exemption be allowed on Hardman thanked Mr. Smedley for his assessment because he had an coming and wished him well. odd shaped corner lot. EXECUTIVE DIRECTOR BRIEFING Councilmember Hale asked if Mr. Rogers' exemption was ap- Councilmember Hardman asked proved, would he receive a lower Ms. Gust-Jenson to brief the assessment rate than the other Council. people in the district. Mr. Vaterlas, Transportation Division, Ms. Gust-Jenson said that in said if Mr. Rogers was given a this case the board appointment second exemption, his rate would interview process had been con- be lower than many other assess- densed so that the Council would ments, and the City was consider- interview candidates and have ing giving just one corner lot their appointments on the consent rate exemption to Mr. Rogers agenda for the same night. rather than two. Ms. Gust-Jenson said the City Mr. Vaterlas said the Board would receive an Achievement Award of Equalization' s goal was to have from the Safe Drinking Water an appeal policy to consider Committee. In addition, a resolu- special assessments fairly. He tion relating to the Police De- said if the Council elected to partment was on the agenda. give the exemption, the ordinance Councilmember Hardman indicated would remain the same and changes that Councilmember Horrocks would would be made to the assessment be conducting the meeting, and roll. Ms. Gust-Jenson said the Councilmember Whitehead would Council would need to decide if present the resolution. the exemption should be allowed. Councilmember Pace asked who Ms. Gust-Jenson said Item E-1 decided when and how the work involved revising a city ordinance should be done for a special to make it consistent with the assessment district. Council- delegation of contract signature member Kirk said repair and re- authority policy which had been placement would be done more established by the Mayor. slowly than it would have been under the city-established sched- Ms. Gust-Jenson said Item E-3 ule since the citizens committee was being pulled from the agenda requested that the special assess- because the State had the authori- ment rate be reduced. She said ty to set ambulance rates and had when the funds were spent, the already held the necessary public work was discontinued. hearings for a rate increase. She said the Council would need to 90-236 PROCE. INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 10, 1990 Ms. Gust-Jenson said Item F-6 would be on the agenda for the concerned allowing the School July 17, 1990, meeting. Districts to use the Steiner Aquatics Facility in its regular Ms. Gust-Jenson said staff school programs in exchange for members would be present to ad- the School District providing dress any questions the Council funds for construction of the might have on the public hearing facility. items scheduled for tonight' s meeting. Councilmember Godfrey asked if paragraph six on page three Ms. Gust-Jenson said the concerning the priority scheduling events schedule included the of the facility for the School Transplan 2000 Meeting at Murray District would interfere with the High School on July 16, the Days public' s use of the facility. Mr. of 47 Reception and Supper on July Hunt, City Treasurer, said the 18. She said if any of the paragraph obligated the City to Councilmembers were interested in give the school districts first attending the NAHRO conference in priority, and would allow them to Cheyenne, Wyoming, they would need transfer some of their school swim to let Anisa at the Redevelopment programs to the facility. Agency know so she would have time to process the paperwork. Councilmember Hardman said he was concerned that the School Ms. Gust-Jenson said Ms. Shep- District would be allowed the herd, Council Staff, would be priority times from 5:30 a.m. to providing the Council with a memo 5:30 p.m. Mr. Hunt said it was on the Days of 47 Dignitary Pa- not likely that the School Dis- rade. She said the Days of 47 trict would ask for all of the Committee had instigated a dress prime time scheduling. He said code policy and this information the School District would apply would be included in the memoran- for some of the times between 5:30 dum. a.m. and 5:30 p.m. so the public could still use the facility Ms. Gust-Jenson said Employee between these hours when the Appreciation Day was scheduled for School District was not using it. August 8, 1990, and the Councilmembers should plan to Councilmember Godfrey noted serve food for a shift. She said that it was his understanding the she would be providing a schedule Parks Department and the School to the Council of the times for District would work administra- serving, and said if they could tively to have a schedule as far not attend, to let her know so she in advance as possible. could arrange coverage for their shift. Councilmember Hardman asked if the Council had a list of the Ms. Gust-Jenson said the projections of revenues for the National NAHRO Conference was interlocal agreement. Ms. Gust- scheduled for October 7, 1990, and Jenson said she had this available if any of the Councilmembers were in her office and would provide interested in attending, they copies to the Council. should notify the RDA as soon as possible. Ms. Gust-Jenson said the Steiner Aquatics rate ordinance 90-237 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITE', UTAH TUESDAY, JULY 10, 1990 Ms. Gust-Jenson said a Round Table discussion had been sched- uled for Tuesday, July 17, at 4:00 p.m. and an agenda packet for this discussion would be placed in the Council packets on Friday. She said the Salt Lake City Tomorrow Plan and Legislative Issues had been scheduled for topics of discussion and asked the Councilmembers to let her know if they had any items to add to the agenda. Ms. Gust-Jenson said the Council had received a letter requesting that a Councilmember or Council Staff member represent the Council on the Audit Committee. She asked if any Councilmembers were interested. The Council asked the staff to assign a staff member to represent the Council on the Audit Committee. Councilmember Pace said she had been asked to represent the Council on the Salt Lake County Commissions Task Force and asked if any of the Council had an objection to this. Councilmember Kirk asked what the Task Force did. Councilmember Pace said they worked with juvenile authorities, and other County agencies, but she was not very familiar with the duties. The Council expressed support. Councilmember Hardman asked if the Council had any further questions. The meeting was adjourned at 5:45 p.m. 90-238 PROCE•INGS OF THE CITY COUNCIL OF SALT LAKE CITA, UTAH TUESDAY, JULY 10, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 10, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Beverly Jones, Deputy Recorder, and Kathryn Marshall, City Recorder, were present. Council Chair Hardman presided at the meeting and Councilmember Horrocks conducted the meeting. OPENING CEREMONIES aye. (G 90-14) #1. The invocation was given by Ferdinand Johnson of the Salt CONSENT AGENDA Lake City Police Chaplain Corps. Councilmember Hardman moved #2. The Council led the and Councilmember Kirk seconded to Pledge of Allegiance. approve the consent agenda, which motion carried, all members voted #3. Councilmember Godfrey aye. moved and Councilmember Kirk seconded to approve the minutes of #1. RE: Approving the ap- the Salt Lake City Council for the pointment of Annette P. Cumming to regular meetings held Tuesday, the Airport Authority Board. June 12, and Tuesday, July 3, (I 90-11) 1990, which motion carried, all members voted aye. #2. RE: Approving the reap- (M 90-1) pointment of Eddie Mayne to the Airport Authority Board. #4. An Achievement Award for (I 90-11) a population of 10,000 and greater in the surface treatment category #3. RE: Approving the reap- was presented to Salt Lake City pointment of Fred S. Ball to the Corporation by the Utah Safe Central Business Improvement Drinking Water Committee District. ( I 90-12) #5. Councilmember Whitehead presented a proclamation regarding #4. RE: Approving the ap- the seventh annual "National Night pointment of Don L. Skaggs to the Out" against crime, which would be Airport Authority Board. held on August 7, 1990. (I 90-11) Councilmember Godfrey moved #5. RE: Adopting Ordinance and Councilmember Kirk seconded to 58 of 1990 amending Section 2.37. - accept the proclamation, which 030 of the Salt Lake City Code motion carried, all members voted relating to increasing the number 90-239 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITE, UTAH TUESDAY, JULY 10, 1990 of voting members on the Salt Lake City Code dealing with the convey- City Recreation Advisory Board. ance for value of City property. (I 90-10) ACTION: Councilmember God- #6: RE: Approving the frey moved and Councilmember appointment of Roger M. Smedley to Whitehead seconded to suspend the the Airport Authority Board. rules and on first reading adopt (I 90-11) Ordinance 59 of 1990, which motion carried, all members voted aye. #7: RE: Adopting Resolution (0 90-34) 76 of 1990 authorizing the execu- tion of an interlocal cooperation #2. RE: Set a date to hold agreement between Salt Lake City a public hearing on August 7, Corporation and the Utah Depart- 1990, at 6:30 p.m. to receive ment of Transportation to relocate public comment and consider adopt- existing flashing light signals. ing an ordinance amending Section (C 90-381) 16.12.190 of the Salt Lake City Code relating to fuel and oil #8. RE: Adopting Resolution royalties. 77 of 1990 authorizing the execu- tion of an interlocal cooperation ACTION: Councilmember God- agreement between Salt Lake City frey moved and Councilmember Hale Corporation and the United States seconded to set the date to hold of America Federal Aviation Admin- the public hearing on August 7, istration for maintenance and 1990, at 6:30 p.m. , which motion funding of an instrument landing carried, all members voted aye. system. (0 90-28) (C 90-380) #3: RE: Set a date to hold #9. RE: Adopting Resolution a public hearing on August 14, 78 of 1990 authorizing the execu- 1990, at 6:20 p.m. to receive tion of an interlocal cooperation public comment and consider adopt- agreement between Salt Lake City ing an ordinance amending Section Corporation and the Utah Depart- 5.10.305 of the Salt Lake City ment of Transportation allowing Code to increase rates for Gold the Highway Patrol to use the Cross Ambulance service. City's firing range located at the airport. ACTION: Councilmember Hor- (C 90-379) rocks said item #3 had been pulled. He said the State author- #10. RE: Setting a date to ity overrode the City which elimi- hold a hearing on August 7, 1990, nated any need for action at this at 6:00 p.m. to receive public time. comment on $2,000,000 in Industri- (G 90-11) al Development Revenue Bonds for capital expansion of Western UNFINISHED BUSINESS Fiberglass within the Salt Lake City limits. #1. RE: Consider adopting (Q 90-6) an ordinance levying a tax and providing for the assessment of NEW COUNCIL BUSINESS property in Special Lighting District No. 1, Salt Lake City, #1. RE: An ordinance amend- Utah, for a period of three (3) ing Chapter 2.58 of the Salt Lake year; establishing the effective 90-240 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 10, 1990 date of this ordinance, and relat- Mr. Vaterlas said it had to ed matters. be decided what the interpretation of three streets was. Mayor ACTION: Councilmember Godfrey Depaulis said it was a long front- moved and Councilmember Hardman age on that fork in the two seconded to adopt Ordinance 55 of streets. 1990, which motion carried, all members voted aye. Mr. Vaterlas said if the property was a corner lot and had Councilmember Kirk moved and lighting on two or three streets Councilmember Godfrey seconded to then the corner lot exemption direct the City Attorney to look applied. He said if a property at the conditions for appeal by abutted just one street, there was Mr. Rogers and report back to the no exemption. He said the proper- Council, which motion carried, all ty owner just paid for the front- members voted aye. age they had. DISCUSSION: George Rogers, Mayor Depaulis asked what the 1600 Yalecrest, said when the procedure was for an exemption. street lighting assessment was Mr. Vaterlas said the process set started it was brought to his up in the Special Improvement attention that his property was District was to approach the Board the only one bounded on three of Equalization. He said Mr. sides by streets. He contacted Rogers had done that and the Board the Transportation Division and of Equalization' s decision was they agreed with him, but later that the property not receive an the agreement was turned down and additional 75 foot exemption. He his request for the triple pave- said the next step was for Mr. ment assessment was rejected. He Rogers to appeal to the City said the City policy stated that Council. if a property was bounded on three sides by a street, that property Mayor DePaulis asked if it could receive an extra exemption. was the Council that would hear He said he felt the policy applied the appeal and make a recommenda- to his property. tion. Scott Vaterlas, Transporta- Roger Cutler, City Attorney, tion Division, said the property said the process was that assess- was bounded by two streets, Yale- ments were made only to the extent crest and Yale Avenues. He said they benefited the property. He on Yalecrest a traffic control said he understood Mr. Rogers went island made it appear as if there through the Board of Equalization was a connecting street, but it and was now appealing this matter was still Yalecrest. to the Council. Mayor DePaulis asked Mr. Mr. Cutler said the City Vaterlas about extra exemptions. should not assess property that Mr. Vaterlas said the intent of exceeded the benefit derived by the policy was an extra exemption the Special Improvement District. for three streets. He said the He said the City had developed Transportation Division thought standards on corner lots and where the property did not meet the property was double assessed three street criteria because because of the location. He said there were only two streets in- Mr. Rogers claimed he had more volved. 90-241 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITg, UTAH TUESDAY, JULY 10, 1990 than a corner lot. Mr. Cutler Ms. Gust-Jenson said the City said the Council had to decide if had been working with Dick Fox, Mr. Rogers was being unfairly bond counselor, and he was not burdened because of the uniqueness sure whether it would be best to of his property and if the cost prepare the ordinance with an was disproportionate to the amount amendment or prepare an ordinance of value or benefit to his proper- with an exhibit. Mr. Fox deter- ty by this lighting. mined it was best to prepare the ordinance and then change the Mr. Cutler said the City attachment based on whether or not needed to evaluate this and have a the Council approved the appeal. report on why the benefit con- ferred was equal to the assess- Councilmember Hardman said ment. Mr. Rogers' situation was unique. Mr. Vaterlas said as far as the Cindy Gust-Jenson, Council shape of the property it was Executive Director, said a lot of different. questions had been raised. She said if the Council granted the Councilmember Hale asked how exception, the change would be in much money was involved between the attachment to the ordinance one and two exemptions. Mr. rather than the ordinance itself. Rogers said with the new assess- She said the Council could adopt ment he would pay $427 with one the ordinance, leave the question exemption when the majority of pending, and refer it to the next people paid $100. Councilmember Council meeting. Hale asked how much the other two properties paid. Mr. Rogers said Councilmember Godfrey said if if the Council accepted the fact the Council started doing double of doubling the assessment, his exemptions, it would lead to other assessment would be $225 to $240 problems. Councilmember Kirk said with one exemption. if Mr. Rogers was burdened based on the shape of his property, this Councilmember Godfrey said was not being discussed. She said this had been a rather confusing the Council was trying to decide Special Improvement District whether a third street abutted his because the original assessments property. She said it may be that went out were for replacing another issue if Mr. Rogers was all the lights. He said some burdened by the assessment. areas opted to do it all and some opted to double. He said differ- Councilmember Godfrey said ent options were there for people the fees assessed were checked by with the understanding that you the Attorneys 's Office so it was could only replace as many lights being done fairly. as you had money for. Councilmember Godfrey asked Mr. Mr. Rogers said the question Rogers what the assessment would he had was if it was fair. He be with the second exemption. said the policy said a property bounded on three sides received Mr. Rogers said it would be two exemptions. He said his was $125 to $130. Councilmember Hale the only piece of property bounded asked how that compared with the on three sides, the others were other two properties that were only corner lots. corner lots. Mr. Rogers said it was about equal. Councilmember 90-242 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 10, 1990 Kirk asked Mr. Vaterlas if this article in the Deseret News was was right. Mr. Vaterlas said with correct which stated that AFSCME the one corner lot exemption Mr. employees who had nine years of Rogers' frontage was similar to service got three additional days the other two. of vacation time as part of the (Q 90-2) contract this year. Mayor DePaulis said that was not his #2. RE: Consider adopting a understanding but he would check motion approving a new CDBG it out and get back to the Coun- project to purchase Fellowship cil. He said it did not appear to Foundation Building at 1380 be in the contract. Richards Street using 16th year (C 90-384) CDBG Contingency Funds. #5. RE: Consider adopting ACTION: Councilmember God- an ordinance approving the memo- frey moved and Councilmember Kirk randum of understanding between seconded to adopt the motion, Salt Lake City Corporation and the which motion carried, all members American Federation of State, voted aye. County and Municipal Employees, (T 90-21) Local 1004, representing the 100 series employees. #3: RE: Consider adopting an ordinance approving the memo- ACTION: Councilmember Godfrey randum of understanding between moved and Councilmember Hardman Salt Lake City Corporation and the seconded to adopt Ordinance 62 of International Association of 1990, which motion carried, all Firefighters, Local 1645, repre- members voted aye except senting the 400 series City em- Councilmember Whitehead who was ployees. absent for the vote. (C 90-385) ACTION: Councilmember God- frey moved and Councilmember #6. RE: Consider adopting a Hale seconded to adopt Ordinance resolution authorizing the execu- 60 of 1990, which motion carried, tion of an interlocal cooperation all members voted aye. agreement between Salt Lake City (C 90-383) and the Salt Lake City School Board regarding Steiner Aquatic #4. RE: Consider adopting Center. an ordinance approving the memo- randum of understanding between ACTION: Councilmember God- Salt Lake City Corporation and the frey moved and Councilmember Pace American Federation of State, seconded to adopt Resolution 79 of County and Municipal Employees, 1990, which motion carried, all Local 1004, representing the 200 members voted aye, except series City employees. Councilmember Whitehead who was absent for the vote. ACTION: Councilmember God- frey moved and Councilmember DISCUSSION: Councilmember Hale seconded to adopt Ordinance Godfrey referred to page 3 No. 6 61 of 1990, which motion carried, the last sentence which talked all members voted aye. about the priority use of the pool by the School Board and that it DISCUSSION: Councilmember would be exercised on a monthly Hardman asked Mayor DePaulis if an basis by providing the City a 90-243 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CIT!, UTAH TUESDAY, JULY 10, 1990 written schedule of the districts tion of an alley between Wilson scheduled use. He said it was his Avenue and Downington Avenue, 125 understanding that the Parks feet east of 900 East, pursuant to Department felt administratively Petition No. 400-793-90. they could work with the School Board to get this information out ACTION: Councilmember Godfrey more than one month in advance, moved and Councilmember Hardman He said he hoped that was done seconded to close the public because the School Board and the hearing, which motion carried, all athletic association knew well in members voted aye except advance when people could start Councilmember Whitehead who was swimming and when it had to end. absent for the vote. He said it would give the City more flexibility in scheduling the Councilmember Godfrey moved use of the pool for other activi- and Councilmember Kirk seconded to ties. adopt Ordinance 56 of 1990, which motion carried, all members voted Cindy Gust-Jenson, Council aye, except Councilmember Executive Director, said she Whitehead who was absent for the checked with the Parks Department vote. and they were comfortable with the one month notice. She said the DISCUSSION: Everett Joyce, Parks Department was glad Planning Division, said this Councilmember Godfrey raised the petition was submitted by issue of more notice and felt they Christopher Curtis. He said the could work it out with the School petition was submitted with all Board to provide three or more three property owners signing the months advance notice. She said a petition. He said the appropriate letter could be sent to the School departments had reviewed the Board to this affect. alleyway and recommended approval (C 90-382) of vacating. He said it was pres- ently a hard surfaced alleyway and #7. RE: Consider setting a there was no access to any of the date to hold a public hearing on properties off the alleyway. July 17, 1990, at 6:30 p.m. to receive public comment and consid- Christopher Curtis, 920 er an ordinance adopting a fee Wilson Avenue, said he was con- schedule for Steiner Aquatic cerned because of his children. Center. He said there had been people running through the alley at all ACTION: Councilmember Godfrey hours of the night. He said some moved and Councilmember Hale items had been taken from his yard seconded to set the date, which and talking with some of the other motion carried, all members voted property owners, it had been a aye except Councilmember Whitehead problem for a long time. He said who was absent for the vote. they would like to put a partition (0 90-35) across the alley at midpoint just to stop that kind of activity. PUBLIC HEARINGS Councilmember Horrocks asked #1. A nonadvertised public if there were a number of garages hearing at 6:30 p.m. to receive on the alley the people had to public comment and consider adopt- have access to. He asked if that ing an ordinance vacating a por- was the reason why the property 90-244 PROCE INGS OF THE CITY COUNCIL OF SALT LAKE CI UTAH TUESDAY, JULY 10, 1990 owners only wanted to close half Ms. Adams said the house was of the alley. originally documented for the South Temple Historic District Mr. Curtis said to close the survey and it was documented whole alley the engineers had said incorrectly. She said it was curb and gutter would have to be attributed to the wrong builder, put in. the wrong date and the wrong (P 90-184) address. She said the Anthony Godbe family played a very impor- #2. A public hearing at 6:40 tant role in the history of Salt p.m. to receive public comment and Lake City. She said William Godbe consider adopting an ordinance was one of the cofounders of the adding the Anthony H. Godbe House Utah Magazine which later became at 943 East South Temple as a City the Salt Lake Tribune. landmark site. Ms. Adams said the owners ACTION: Councilmember Godfrey intended to use the house as a moved and Councilmember Kirk "Bed and Breakfast" facility. She seconded to close the public said the house itself was archi- hearing, which motion carried, all tecturally significant and the members voted aye except owners planned to restore it to Councilmember Whitehead who was its former glory. She said the absent for the vote. entire inside would have to be replaced. Councilmember Kirk moved and Councilmember Godfrey seconded to Councilmember Godfrey asked adopt Ordinance 57 of 1990, which if the owners would get preserva- motion carried, all members voted tion funding or a tax write off if aye, except Councilmember the home was put on the City Whitehead who was absent for the register. Ms. Adams said it would vote. help to a limited extent. (L 90-1) DISCUSSION: Bill Schwab, Planning and Zoning Department, The meeting adjourned at 7:20 said the house was nominated to p.m. the historical register. He said it was built in 1906 by B.O.Mecklenburg. 01(1144 COUNCI ' CHAIR Holly Adams, representing Douglas and Buffi King, the appli- cants, said she had done the historic research on this proper- T R R ER ty. Ms. King said when she walked into the house it was a devastat- ing experience since the home had been destroyed by fire. She said she contacted Ms. Adams and they started doing historical research on the house. 90-245 COUNCIL MEETING JULY 10, 1990 Those in Attendance: Mayor Palmer DePaulis, Emilie Charles, Karen Suzuki-Hashimoto, All Council Members, Buzz Hunt. BOARD INTERVIEW - AIRPORT Don Skaggs - Scott Vaterman, Linda Hamilton (works at Skaggs - telecom service) . Roselyn Kirk: Are you too ? Don Skaggs: No. Don Hale: I know him. Son of L.S. Skaggs. One sub , pleased that #2 - Annette Cumming Alan Hardman: Background Annette Cumming: Father flyer - have private pilot's license since 1972 - inactive at this time. Work for Acquainted with background. Alan Hardman: Questions? Tom Godfrey: Contributed to Housing Authority well. Nancy Pace: Honored to have. Alan Hardman: Good luck. #3 - Roger Smedley Alan Hardman: Strengths, Education, and Accounting background/have our business now. Thank you. #4 - Report: Condemned process - now put on - #B4 - Utah Safe Drinking Water award - who accept? - #5 - Utility Management Resolution. Ron Whitehead: Who presents? Cindy Gust-Jenson: Police department. Allan Hardman: Ron - Real - Wayne - contest. Item El - Establishing policy. E3 - Rate Increase - Gold Cross - Questions will Treasurers state set law - to establish rates - State will take action - Council will consider ordinance so polled. #F1 - Re: George came. Cindy Gust-Jenson: Felt letter noted - all of his points - but may come - but may recall to give him time to speak if he shows up. Don Hale: Difference in of exemption. Scott Vantenber: If second exemption - would pay less than other people - looking at corner lot exemptions - not excess prperty exemption as he wanted. Board of Equalization determines the exemptions. Cindy Gust-Jenson: Have authority on whether or not to allow exemptions if he qualifies. Scott Vantenber: Need way to do fairly far when it comes up again. Ordinance will stay the same, but aqssessment roll will change. Cindy Gust-Jenson: Decide motions only. Nancy Pace: Citizens Committee decided to do how work be done. Roselyn Kirk: No work process move slowly and when most runs out #F6 - Interlocal School Board - time frame doesn't. Nancy Pace: Need F6 . Cindy Gust-Jenson: Will get. Roselyn Kirk: What about swim plans. Buzz Hunt: Doesn't obligate, but gives them option to transfer school swim program. Alan Hardman: Concerned that they have priority time. What about payments? Buzz Hunt: Some revenue projected - not that familiar with - probably won't accept if ---- Alan Hardman: Cindy Gust-Jenson get projections - okay? Cindy Gust-Jenson: I have in my . Group discount rate - ordinance will be due 7-17 meeting. G1/G2 - Staff number present. Schedule - go through ICU - trans - want to draw attention to Days of 47 - Reception NAHRO - Wayne Horrocks-Cheyenne/Tom Godfrey-No, Maybe Contact Anisa if interested. Lee doing memo - Days of 47 . Employee Appreciation Day - Council usually does. October 7th MH - NAHRO - tell RDA. Tuesday 17th - Rondtabel - put agenda in packet. Friday 4 : 00. If any items, tell me. Agenda: Salt Lake Tomorrow; Legislative: So far. Audit Centre Representative - Mayor letter - Cindy Gust-Jenson - hand out policy - relevant comments. Alan Hardman: Send staff. Nancy Pace: Salt Lake Community a Youth - do you approve of me rep. Roselyn Kirk: What do? Nancy Pace: Truancy and several other committees. Alan Hardman: Questions? No. _' Arl aPI My m. igiv1 OFFJCE OF THE CITY.COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, SUITE 304 SALT LAKE CITY, UTAH 84111 535.7600 TENTATIVE AGENDA TO BE Posted: Monday, July 9, 1990 SALT LAKE CITY COUNCIL COMMITTEE OF THE WHOLE MEETING DATE: Tuesday, July 10, 1990 TIME: 6:45 p.m. or immediately following the City Council meeting PLACE: City Council Conference Room City & County Building, Room 325 451 South State Street Salt Lake City, Utah 1) The City Council will meet with representatives of the Salt Lake Association of Community Councils for their quarterly meeting. 2) The City Council will hold a discussion concerning revisions to the Recognition and Notification ordinances for recognized neighborhood organizations. cc: Mayor Palmer DePaulis, Mike Zuhl, Emilie Charles, Roger Cutler, Kathryn Marshall, Department Heads, Press SLACC Assp0 324 So. State Street Salt Lake City, Utah 84111 z Telephone (801) 535-7915 C lit MEMO• TO: City Council Flat Stan Penfold4 LATE: June 20, 1990 RE: REC.XVITICN & NOTIFICATION ORDINANCES CHANCES The Recognition and Notification Ordinances are being re-submitted with the following changes: The change in the Recognition Ordinance, Chapter 60 of Title 2, is found on page 3 in section 2.60.020(A) (a) . Sub-subsection (i) requires a nondiscrimination provision in the community-based organization's bylaws. (i) The Bylaws shall contain a provision against discrimination and encouraging representation and participation fram all qualified members. In the Notification Ordinance, chapter 62 of Title 2 there are two changes. The first is in Section 2.62.040(A) where a subsection(4) is added requiring the presentation of any dissenting (i.e. minority) reports. A. Recognized and registered organizations are encouraged to make recommendation concerning matters of which they are given notice pursuant to this chapter. In making such recommendations the spokesperson for the organization shall specify the following: 4. Any dissenting reports. Finally section 2.62.040(C) has been modified to allow the Mayor by executive Order to establish clas:,c3 and provisions for delays of applications. The Mayor may, by executive order, establish certain classes of applications which can be delayed for additional consideration by organizations recognized pursuant to Section 7.60.010(c) . SALT LAKE CITY ORDINANCE No . of 1990 (Recognition of SLACC and Neighborhood Organizations ) AN ORDINANCE AMENDING TITLE 2 OF THE SALT LAKE CITY CODE BY ADDING A NEW CHAPTER 2 . 60 .010 ET SEQ. , DEALING WITH RECOGNITION OF NEIGHBORHOOD BASED ORGANIZATIONS . WHEREAS, the City Council of Salt Lake City, Utah, believes it important that the City obtain input and information concerning decisions affecting residents from locally established neighborhood organizations ; and WHEREAS, such input and information should come through a regularly established process by which geographical areas of the City may be identified for purposes of formulating and presenting recommendations on actions within the City which affect that geographical area; and WHEREAS, the City acknowledges the vital roles that neighborhood organizations play in improving the quality of life for Salt Lake City residents and visitors; and WHEREAS , the City desires to extend official recognition to Salt Lake City' s community councils , neighborhood councils and associations , and the Salt Lake Association of Community Councils ; and WHEREAS , such neighborhood-based organizations should be encouraged and permitted to recommend actions, policy or plans to the City on matters affecting the livability of their neighborhoods or the City as a whole; and WHEREAS, the neighborhood-based organizations are encouraged to assist City agencies in determining priority needs of their neighborhoods including master planning and ordinances; and WHEREAS, such neighborhood-based organizations should follow clear processes within the organization for presenting their input to the City; and WHEREAS, the Mayor and the City Council are encouraged to schedule regular meetings with recognized neighborhood-based organizations ; and WHEREAS, the Mayor and the City Council intend to provide through the City' s budget process for reasonable assistance to such neighborhood-based organizations; and WHEREAS, the City intends to encourage City departments , especially including the Department of Community and Economic Development to work with the neighborhood-based organizations ; THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: Section 1 Chapter 2 . 60 . 010 Et Seq . be enacted to read as follows : CHAPTER 2 . 60 SLACC AND NEIGHBORHOOD-BASED ORGANIZATION RECOGNITION Section 2 . 60 . 010 Purpose. It is the policy of Salt Lake City to recognize neighborhood-based community organizations for the purpose of providing citizen input and information to various City planning -2- and administrative services . This chapter provides a process for such recognition. Section 2 .60 .020 Recognition of SLACC and neighborhood- based organizations. A. All organizations recognized pursuant to this chapter shall comply with the following conditions : 1 . Only properly registered not-for-profit corporations in good standing with the State of Utah may be recognized. 2 . To obtain recognition any community-based organization shall submit to the City Recorder the following information: (a ) The articles of incorporation and bylaws of the community-based organization . ( i ) The bylaws shall contain a provision against discrimination and encouraging representation and participation from all qualified members . (b) A list of the officers, directors or trustees of the organization together with their addresses and the address to which any notice to the organization should be sent . ( c ) No later than January 31 of each year any recognized organization seeking continuing recognition shall submit to the City Recorder any changes in the information specified in (a ) and (b) above and a list of each meeting held by the organization in the preceeding year and a description of the election procedure for officers , directors or trustees of the organization . B . The Salt Lake Association of Community Councils ( "SLACC" ) , or its legal successor, is hereby recognized as the -3- City-wide organization in which community councils, neighborhood councils and neighborhood associations participate by sending representation in accordance with SLACC by laws . C . Neighborhood and community organizations . Neighborhood and community organizations representing the neighborhoods and communities defined on the list and map attached as Exhibit A to this ordinance and maintained on file with the City Recorder are hereby recognized. Membership in any neighborhood or community- based organization must be open to anyone residing within or owning property within the boundaries of the organization . The number, name or boundaries of any community or neighborhood organization may be amended by the City Council upon petition from a City Council member, or any neighborhood or community organization recognized under this chapter. All neighborhood or community organizations affected by such a petition shall hold a public hearing on the amendment request not less than 15 or more that 45 days after written notice of the request is received . Within 30 days after the hearings before the affected community or neighborhood organization the City Council shall hold a public hearing on the amendment request . The Council shall act on the amendment petition by majority vote. D . All organizations recognized pursuant to this chapter shall comply with all provisions of the open meeting laws of the State of Utah and Salt Lake City. -4- Section 2 . 60.030 Participation. Recognized organizations are encouraged to make recommendations to the City on all matters affecting the City or the organizations particular community or neighborhood . Recognized organizations shall be part of the City' s notification process provided by Chapter 62 of Title 2 . Section 2 .60.040 Open participation. This chapter shall not preclude the participation in any public hearing by individuals or entities on their own behalf . All citizens of Salt Lake City affected by a decision to be considered by the City Council or the Mayor are encouraged and invited to participate whether through their recognized organization or individually. Section 2. 60.050 Volunteer status and partial indemnification. Recognized organization members shall be considered volunteers and not employees, officials or officers of Salt Lake City. Recognized organizations and their officers , trustees and directors shall be indemnified by the City pursuant to the Utah Governmental Immunity Act in any civil action which may arise from determinations and recommendations made within the scope of performance of their duties under this chapter or under Chapter 62 of Title 2 . This defense and indemnification obligation on behalf of the City shall be limited to only those determinations and recommendations and shall not extend to any physical activities of the recognized organizations or their members such -5- as driving, inspecting property or other similar activities . This provision shall not be deemed a waiver of any claim for immunity from suit on behalf of the volunteer. SECTION 2 . This ordinance shall become effective on the date of its first publication . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: �6 CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER -6- (SEAL) Bill No . of 1990 . Published : . BRB:ap -7- SALT LAKE CITY ORDINANCE No. of 1990 (Recognized and Registered Organization Notification Provisions ) AN ORDINANCE AMENDING TITLE 2 OF THE SALT LAKE CITY CODE BY ADDING A NEW CHAPTER 2 . 62 . 010, ET SEQ. , DEALING WITH NOTIFICATION OF CERTAIN ACTIONS TO RECOGNIZED OR REGISTERED ORGANIZATIONS . WHEREAS, the City Council of Salt Lake City, Utah, believes it important that the City obtain input and information concerning decisions affecting residents from locally established neighborhood and other community-based organizations and other entities seeking to provide such input; and WHEREAS, such input and information should come through a regularly established process by which geographical areas of the City may be identified for purposes of formulating and presenting recommendations on actions within the City which affect that geographical area; and WHEREAS, the City acknowledges the vital roles that neighborhood organizations play in improving the quality of life for Salt Lake City residents and visitors ; and WHEREAS, such neighborhood-based organizations should be encouraged and permitted to recommend actions , policy or plans to the City on matters affecting the livability of their neighborhoods or the City as a whole; and WHEREAS , the neighborhood-based organizations are encouraged to assist City agencies in determining priority needs of their neighborhoods including master planning and ordinances ; and WHEREAS, such neighborhood-based organizations should follow clear processes within the organization for presenting their input to the City; THEREFORE, be it ordained by the City Council, Salt Lake City, Utah: Section 1 That Chapter 2 . 62 . 010 , et seq . , be enacted to read as follows : CHAPTER 2 . 62 Recognized or registered organization notification procedures . Section 2.62. 010 Purpose. It is the policy of Salt Lake City to notify recognized or registered organizations of activities concerning the organizations and obtain input from these organizations concerning various city planning and administrative services . This chapter provides a process for such notification and obtaining such input . Section 2 . 62 . 020 Organizations entitled to notice. A. Recognized Organizations . Organizations recognized pursuant to Chapter 60 of Title 2 shall receive the notices and may participate in the processes established pursuant to this chapter . B. Registered Organizations . Any other entity, organization or person may register on annual basis with the -2- Department of Commuity and Economic Development to receive the notices specified in this chapter. Section 2.62.030 Required notices. A. The Planning and Zoning division shall submit to each recogniz, ? or registered organization copies of the Planning Commission public meeting agendas and shall also submit to neighborhood and community organizations recognized pursuant to Section 2 . 60 . 020 (C ) applications for changes to zoning ordinances or conditional use applications pertaining to territory located within, or within 600 feet of the border of such recognized organizations . B. Board of Adjustment agendas shall be sent to all organizations recognized pursuant to Section 2 . 60 . 020 (C ) . C . Other City administrative departments shall take reasonable steps to notify affected recognized organizations of any significant activities pertaining specifically to the recognized organizations geographic area . D . The failure to give any notice under this section shall not affect the validity of any act or decision and shall not give rise to any private right of action for such lack of notice . Section 2. 62. 040 Participation in planning process. A. Recognized and registered organizations are encouraged to make recommendations concerning matters of which they are given notice pursuant to this chapter. In making such recommendations the spokesperson for the organization shall specify the following: -3- 1 . The nature of the meeting at which the organizations recommendation was obtained (i .e . , executive committee, board, general membership, or otherwise) ; 2 . The notice procedure for the meeting at which such recommendation was made; 3 . The vote on such recommendation] 4 . Any dissenting reports. B. The Salt Lake City Planning Division staff shall encourage all zoning petition and/or conditional use applicants to meet with affected recognized organizations to discuss and receive input on the petition or application proposal prior to scheduling the matter for consideration by the Planning Commission . A report of the discussions with the affected recognized organizations and the applicant shall be contained in the Planning Commission Staff Report . C . The Mayor may, by executive order, establish certain classes of applications which can be delayed for additional consideration by organizations recognized pursuant to Section 7 . 60 . 010 (c ) . Upon request of the chairperson or authorized designee of such organization given in writing, prior to the meeting at which the application is to be considered, the City body considering the application shall continue the application for a period not to exceed four weeks from the first meeting such application is heard to allow the recognized organization to consider the application at its own meeting . The Mayor or the Mayor' s designee may notify the considering body that immediate -4- action is necessary for the best interests of the City in which case a request for delay shall not be granted. Section 2 . 62 .050 Open participation. The notification and participation process specified in this chapter is not intended to preclude the participation in any public hearing by individuals or entities on their own behalf . All citizens of Salt Lake City affected by the decision to be considered at a public hearing are invited and encouraged to participate whether through their recognized organization or individually. SECTION 2 . This ordinance shall become effective the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: t CITY RECORDER Transmitted to the Mayor on Mayor ' s action: Approved Vetoed . MAYOR -5- ATTEST: CITY RECORDER (SEAL) Bill No. of 1990 . Published: . BRB:ap -6- RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND THE BOARD OF EDUCATION OF SALT LAKE CITY SCHOOL DISTRICT WHEREAS, Title 11 Chapter 13, U.C.A. , 1953 as amended allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, be it resolved by the City Council of Salt Lake City, Utah: 1 . That it does hereby approve the attached agreement generally described as follows : An agreement for construction of the Steiner Aquatics Center. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City this day of , 1990 . SALT LAKE CITY COUNCIL CHAIRPERSON ATTEST: CITY RECORDER SWA:cc AGREEMENT THIS AGREEMENT is made and entered into as of , by and between SALT LAKE CITY CORPORATION ( "City" ) , a municipal corporation and political subdivision of the State of Utah, and the BOARD OF EDUCATION OF SALT LAKE CITY SCHOOL DISTRICT ( "District" ) , a political subdivision of the State of Utah. WITNESSETH: WHEREAS, the City is desirous of constructing and operating a new swimming facility ( "the Facility" ) for the use and enjoyment of the residents of Salt Lake City, the location of which facility is more particularly described in Exhibit A, attached hereto and made a part hereof; WHEREAS, the District is interested in acquiring access to the facilities for use in its regular school programs; WHEREAS, Title 11 , Chapter 13, Utah Code (the Interlocal Cooperation Act) provides for the cooperation between governmental entities; WHEREAS, the City and the District are desirous of utilizing the opportunities provided in the Act; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein set forth, it is agreed between the parties as follows : 1 . The City shall construct the facility in accordance with those plans and specifications entitled the Steiner Aquatics Center and by reference made a part hereof . 2 . The City shall, except as provided in paragraphs 3 and 4 hereof, discharge all construction, maintenance, and operation costs of the facility, including, but not limited to, the cost of servicing any bonded or other indebtedness of the facility. 3 . The District shall pay to the City the sum of $700, 000 plus the District' s proportionate share of interest costs and cost of issuance associated with the City' s debt financing for the construction of the facility. The District payment shall be paid as follows : $100, 000 within three months after the beginning of construction and the balance in annual installments to be equal to 60/157 of those amounts listed in the column identified as "Net Debt Service" on that schedule of debt service for Salt Lake City Municipal Building Authority Lease Revenue Bonds, Series 1990 , which amount is equal to that amount listed on the column identified as "SLC School Dist. Share" . Payment shall be made to the Salt Lake City Treasurer: ( 1) by draft, not later than 12:00 noon on October 14th of each fiscal year; or ( 2) by wire transfer, not later than 12 :00 noon on October 15th of each fiscal year. It is also agreed that the City (and/or Salt Lake Recreation Center, Inc . ) will provide any additional funds that may be necessary to guarantee any construction budget overruns or operating deficients, current or future. Except as provided in paragraph 4 hereof, the District will not be asked to -2- provide any funds for the project which are in addition to the District' s commitment of $700,000 plus the District' s proportionate share of interest costs and costs of issuance as specified herein. 4 . In addition to the payments by the District set forth in paragraph 3, for a period of ten years from the time the facility becomes available for use, the District shall, for its use of the facility, pay an hourly fee of one-half the rate charged to private school, other school districts , universities, or colleges . Payment of such fees shall be made within 30 days after the school district receives an invoice covering a three-month period of school district use. 5 . In consideration of the District' s payment as set forth in paragraph 3 herein, the District shall be entitled to the use of such facility during the useful life of the facility. 6 . In further consideration of the payments made by the District as set forth in paragraphs 3 and 4 , the District is granted a first priority to schedule and use the facility between the hours of 5 : 30 a .m. and 5 :30 p.m. on school days and on some Saturdays . Such priority shall be exercised on a monthly basis by providing the City a written schedule of the District' s scheduled use. 7 . The City shall promulgate rules and regulations governing the conduct and use of the facility by its patrons . -3- 8 . The District shall maintain adequate supervision over its charges at all times during the District' s use of the facility and shall hold the City harmless against any personal or bodily injury to or caused by any of the charges . 9 . Each party shall make reasonable effort to accommodate the needs and programs of the other and to schedule their respective needs and programs in a manner that will provide the most efficient use of the facility by the largest number of participants . 10 . The District shall not, through the payments set forth herein or by any other means , acquire any interest in the facility or any of the assets or revenues thereof, without the express written conveyance of the City. 11 . During the term of construction, the City shall provide to the District a monthly report describing the progress of such construction. IN WITNESS WHEREOF the parties hereto have signed this Agreement the day and year first above written. SALT LAKE CITY CORPORATION By MAYOR ' -4- ATTEST: CITY RECORDER BOARD OF EDUCATION OF SALT LAKE CITY SCHOOL DISTRICT By ATTEST: -5- STATE OF UTAH County of Salt Lake) On the day of , 1990, personally appeared before me PALMER DePAULIS and KATHRYN MARSHALL, who being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPORATION, and said persons acknowledged to me that said - corporation executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires : STATE OF UTAH ss . County of Salt Lake) On the day of , 1990, personally appeared before me and , who being by me duly sworn, did say that they are the and of , and that the foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of directors; and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in Salt Lake County, Utah My Commission Expires : SWA:cc -6- EDIT 1 NET DEBT SERVICE BY FISCAL YEAR SALT LAKE CITY 1 UNICIPAL BQIIDIlG AUIIiRITY, LEASE REVENUE BONDS SERIES 1990A Net City SL Rec Srr School Fiscal Year Debt Service Share Center Share Dist. Share FY 90-91 236,571.61 40,684.29 105,477.79 90,409.53 FY 91-92 235,883.75 40,566.00 105,171.10 90,146.66 FY 92-93 237,691.25 40,876.84 105,976.99 90,837.42 FY 93-94 225,305.53 38,746.81 100,454.69 86,104.02 FY 94-95 217,939.75 37,480.08 97,170.59 83,289.08 FY 95-96 217,784.75 37,453.43 97,101.48 83,229.84 FY 96-97 221,642.25 38,116.82 98,821.39 84,704.04 FY 97-98 219,489.75 37,746.64 97,861.67 83,881.43 FY 98-99 221,299.75 38,057.92 98,668.68 84,573.15 FY 99-00 209,324.62 35,998.52 93,329.44 79,996.28 TOTALS: 2,242,933.01 385,727.35 1,000,033.82 857,171.84 PROCEEDINGS ( THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JULY 3, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 3, 1990, at 5:00 p.m. in the City Council Office, Room 325, City and County Building, 451 South State Street. The following Council Members were present: Wayne Horrocks Alan Hardman Roselyn Kirk Nancy Pace Tom Godfrey Councilmembers Whitehead and Hale were absent. Mayor Palmer DePaulis was present. Roger Cutler, City Attorney, and Kathryn Marshall, City Recorder, were absent. Council Chair Hardman presided at and conducted the meeting. NEW BUSINESS #1. RE: A resolution of inducement for up to $2, 000, 000 in Industrial Development Revenue Bonds for capital expansion of Western Fiberglass within the Salt Lake City limits. ACTION: Councilmember Godfrey moved and Councilmember Horrocks seconded to suspend the rules and on first reading adopt Resolution 75 of 1990, which motion carried, all members present voted aye. (Q 90-6) The meeting adjourned at 5: 15 p.m. COUNCIL CHAIR CITY RECORDER 90-234 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, June 12, 1990, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. The meeting was called to said the first option would be to order at 5:05 p.m. restore the annual pickup by increasing the garbage fee $1. 25 EXECUTIVE DIRECTOR BRIEFING per month and placing the money in an enterprise fund to make this a Ms. Gust-Jenson said the self-operating account. In addi- Council staff had prepared the tion, option one would charge an additional motions which the additional $1 . 25 on the first can Council requested and Ms. Nielson to fund the neighborhood cleanup. distributed these to the Council. She said the second option would be to establish the $5. 25 per can Ms. Gust-Jenson said the fee to make the fund self sustain- Council had received the back- ing, but not restore the neighbor- ground information on Item F-3 for hood cleanup. the tax and revenue anticipation notes so the Council would only Ms. Gust-Jenson said Item F- need to adopt the resolution. She 11 concerned the storm drainage said that items F-4, F-5, and F-6 ordinance. She said Items F-12 related to the sale of special through F-15 would adopt the assessment bonds and the Council compensation plans for the employ- had received a memo earlier which ees and take effect on July 1, provided the background informa- 1990. She indicated that if tion. employees signed contracts prior to July 1, 1990, the signed con- Ms. Gust-Jenson said that tract(s) would supersede the Item F-7 involved the business ordinance( s) . license fee increase from $60.00 to $70.00 and Item F-8 involved Ms. Gust-Jenson said Item F- implementing the animal impound 18 listed the legislative intents fee. and she told the Council that they would need to vote for any intents Ms. Gust-Jenson said the they supported and make a motion. budget office would be present at Councilmember Hardman said the the Council meeting to calculate blue copy of legislative intents the figures on the Council 's the Council received in their recommendations. packets on Friday was current. Ms. Gust-Jenson said the Councilmember Godfrey asked Council had two options that they for clarification on which of the could choose on item F-10 for the legislative intents would require refuse collection ordinance. She a letter to notify the Administra- 90-208 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 tion and/or public. Ms. Gust- Ms. Gust-Jenson said if the Jenson said that items under Council approved making the annual Section A and some of the items trash pickup self-supporting, under B would require written increased the business license notification if they were ap- fees, and approved the animal proved. Councilmember Godfrey sign-over fee, there would be an asked if the Council would have to additional $227, 500 in ongoing make motions or support the in- revenue available for expendi- tents. Ms. Gust-Jenson said the tures. items listed in the A category would require motions. Ms. Gust-Jenson said if the Council elected to restore the Councilmember Hardman asked annual trash pickup to the general the Council if they had any ques- fund and did not approve the $1.25 tions on the legislative intents. increase, there would only be The Council had no further ques- $39, 500 available. tions. Ms. Gust-Jenson said the Ms. Gust-Jenson said the Council's options were to A) TEFRA Hearing had been scheduled approve the Administration' s for 6:00 and this could precede recommendation and replace the the other items on the agenda. $268, 800 in one-time money with Councilmember Whitehead said this most of the $270, 000 on going was a good option because the revenue or B1 ) reduce the property budget would take an undesignated tax increase by $1. 73 from $16.00 amount of time. Ms. Gust-Jenson to $14.27 or B2 ) put the $227, 500 said that a revised interlocal in contingency and put $98, 227 in agreement had been distributed to governmental immunity. the Council Members. Councilmember Pace asked if the money was placed in the contingen- Councilmember Hardman asked cy fund if it could be moved to if the Council had any questions other funds. Ms. Gust-Jenson said on the agenda. The Council had no it could be moved with the approv- further questions. al of the Council. Ms. Gust-Jenson said the Ms. Gust-Jenson said that staff had prepared a memo suggest- Option C would allocate $39, 500 to ing options for the Council on how restore the annual pickup to the to utilize the $270,000 that had general fund and would require an become available, once official additional property tax increase tax figures were received from of $1.94 for a total of $17. 94 on Salt Lake County. She said the a $70,000 home. She said that Council could leave the $268, 800 Option D would involve using the in one-time money in the salary $270, 000 in revenue and the $39, - package, but that this would 500 fee increase to restore the create an "automatic deficit" in trash pickup to the general fund. the next budget year. She indicated that this would not resolve the "automatic deficit" in Ms. Gust-Jenson said the the budget for the next fiscal second option suggested was to year, which could be created by replace one-time money with the the use of one-time money in the ongoing revenue. This would give labor package. the Council $268, 800 in one-time money to allocate for one-time expenditures. 90-209 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 Ms. Gust-Jenson said that Godfrey said if the Council fol- Option El ) would take the $227, 500 lowed the order on the work sheet increase in ongoing revenue and it should run smoothly. combine it with the $270,000 one- time money to allow a reduction in Ms. Gust-Jenson said she may the property tax increase of $3.79 interrupt the Council occasionally from the $16.00 to $12.21, or E2 ) to give them information on a would take $227, 500, plus $109, 000 motion. additional funds with the $270,000 one-time money to allow a reduc- Ms. Gust-Jenson said that tion of $4.62 in the property tax Item F-16 #11 had been crossed out increase from $16.00 to $11.39. and replaced by Item F-16 #16. She said that both of these op- Mr. Bond, finance office, said tions could leave "automatic that this recommendation would deficits" for the next fiscal reduce transfers from other funds year' s budget. into the S. I .D. fund so that one- time money could be replaced by Ms. Gust-Jenson distributed ongoing money. some additional motions to the Council if they approved the use Ms. Gust-Jenson said Item F- of the one-time money of $268, 800 16 #12 would increase administra- towards capital improvement tive service fees by $25, 000 to projects. Councilmember Pace reflect the enterprise fund' s asked what the dollar amount would portion of the insurance deficit be to restore funding for the pay out. She said that Item F-16 Liberty Park swimming pool. Ms. #13 would increase business li- Gust-Jenson said that two scenari- cense fees from $60.00 to $70.00, os had been listed to restore the that Item F-16 #14 would create Liberty Park swimming pool and the animal impound fee and in- asked Councilmember Horrocks to crease revenue at an estimate of explain the restoration. $10,000 yearly. Councilmember Horrocks said that the City was in the midst of a Ms. Gust-Jenson said Item F- gang and drug crisis and it was 16 #15 would need to be voted on logical to close the Liberty Park if the Council approved the $1 .25 pool and build a pool that was increase in garbage fees. She attractive for the children to said that Item F-16 #16 would use. He said that capital im- decrease revenue transfers by provement funds could be used to $238, 700. complete the pool. Councilmember Pace asked if the one-time money Ms. Gust-Jenson said Item 17 could be used over a two year would need to be voted on if the period. Councilmember Godfrey $1.25 increase in garbage fees was said that it could be used over a approved. She said Item 18 would two year period. approve the overall motions in the individual department budgets. Ms. Gust-Jenson said that the second handout listed the motions Councilmember Godfrey asked the Councilmembers would need to if the Council would need to make to support the options they approve the overall general fund had approved. Councilmember motions if they approved the Hardman said the Councilmembers compensation ordinances. Mr. Bond would need to determine when to said the Council would need to make their motions. Councilmember approve this item if they wanted 90-210 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 to fund $187, 000 general fund 28 would decrease the police contingency money for the contract budget by $144, 500 by eliminating negotiations. Councilmember Pace funding for early retirement, and asked what this money would be Item 29 would decrease the public used for. Mr. Bond said it would works budget by $163,000 to re- be used for fall back protection. flect the transfer of the annual Councilmember Godfrey said if the trash pickup to the refuse collec- Council approved the compensation tion fund. ordinances they would need to approve these budget changes as Ms. Gust-Jenson said Item 30 well. Councilmember Hardman asked would restore $294, 000 to the if the Council could assume the public works budget to reflect the contract negotiations had been restoration of the annual trash taken care of if they approved pickup if the money was left in Item F-18. Mr. Bond said that was the general fund. Councilmember correct. Horrocks asked what the costs for the annual trash pickup were. Ms. Ms. Gust-Jenson said that Gust-Jenson said the cost was Item 19 would decrease the Attor- $294,000. Councilmember Horrocks ney' s Office budget by $85, 000 in asked why the figures differed if jury & witness fees and Item 20 the money was placed in an enter- would decrease the Fire Department prise fund as opposed to being budget by $70,000 to eliminate left in the general fund. Mr. funding for two retirements. Ms. Bond said that if the annual trash Gust-Jenson said Item 21 would pickup was transferred to an increase the Human Resource in- enterprise fund, the enterprise house training budget by $30, 000. fund would need to restore the $188, 000 money budgeted in the Ms. Gust-Jenson said Item 22 general fund for the annual trash would decrease the Information pickup. He said this would free Management Services internal up $188,000 in the general fund to service fund budget by $36, 730 to use for other items. reflect the funding of a portion of this money in fiscal year 1989- Ms. Gust-Jenson said Item 31 90. She said Item 23 would in- was a technical motion and would crease the Fleet Management inter- decrease the capital projects fund nal service fund budget by $155, - by $144,000 to eliminate funding 125 to restore fleet maintenance of the Canterbury Park project. costs for the restoration of the Councilmember Hardman asked how neighborhood cleanup program. She this would affect the Canterbury said Item 24 would increase the Park project. Mr. Fawcett, fi- parks budget by $13,000 to fund nance office, said it would not the Jordan Park greenhouse, Item affect the project because CDBG 25 would increase the parks budget money had been allocated to the by $5, 500 to fund the opening of loan payment and this money was the Liberty Park pool for the 1990 not needed. Councilmember Hardman season, and Item 26 would increase asked when this money would be the Parks budget by $28,000 to made up. Mr. Fawcett said the fund a full-time security guard money would not need to be made up position for the City cemetery. because the capital improvement projects fund would allocate a Ms. Gust-Jenson said Item 27 portion of revenue proceeds if would approve the hiring of 46 needed to fund the project. additional police officers, Item Councilmember Hardman asked if the 90-211 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 wording in the motion would need Ms. Gust-Jenson said Items 38 to be changed. Ms. Gust-Jenson and 39 were optional for the said that it would not need to be Council to approve. She said changed, since it is correct from Items 40 and 41 would approve the an accounting point of view. budget amount, the tax rate and the library fund rate. Ms. Gust-Jenson said Item 32 would be used if a Councilmember Councilmember Hardman asked wanted to make a motion to in- if the Council had any further crease the capital projects fund questions. for a particular project, only if the garbage fees were increased The meeting was adjourned at under option one. She said Item 6:00 p.m. 33 would approve the transfer of funds to the Capital Projects funds if a Councilmember made a motion to fund a project on Item 32 and it was approved. Ms. Gust-Jenson said Item 34 was to increase funding in the debt service fund due to an ac- counting error, and Item 35 was to decrease funding in the municipal building authority fund due to an accounting error. Ms. Gust-Jenson said Item 36 would transfer $98, 227 from the general fund to the governmental immunity fund. She said Item 37 would involve replacing one-time money with ongoing revenue to decrease the S. I.D. debt service fund transfers from $238, 700 to $161,300 . Mr. Bond said this was being recommended because they wanted to keep the one-time money separated from the ongoing money. Councilmember Godfrey asked if this option was approved, would the Council need to approve either Item 36 or Item 37. Mr. Bond said they did not have to approve Item 36 or 37. Councilmember Kirk asked if Items 36 and 37 would approve the Mayor's recommendation. Ms. Gust- Jenson said it would, and if the Council preferred to reduce prop- erty taxes or use the money in another way, they should not vote for Items 36 or 37. 90-212 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, June 12, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Steven Allred, Deputy City Attorney, Kathryn Marshall, City Recorder, and Lynda Domino, Chief Deputy City Recorder, were present. Council Chair Hardman presided at the meeting and Councilmember Whitehead conducted the meeting. OPENING CEREMONIES and their International ' s econom- ics department, and said this #1. Police Chaplain Bob audit showed that the city was Meredith gave the invocation. fiscally sound and financially stable. He said each Council #2. The Council led the Member had a copy of this audit Pledge of Allegiance. and said he hoped they would be willing to take a close look at #3. Councilmember Godfrey it. moved and Councilmember Kirk seconded to approve the minutes of He said what the employees the Salt Lake City Council for the lacked in cost of living increases regular meeting held Tuesday, June related to inflation was approxi- 5, 1990, which motion carried, all mately $3, 000 per month less than members voted aye except Council- counterparts in other major cit- member Hardman who was absent for ies. He asked at what point the the vote. Mayor would say employees deserved (M 90-1 ) a decent cost of living adjust- ment; and he said he wondered when COMMENTS organizations such as the Tax Payers Association would support #1. Gordon Ottley, president employees and express their appre- of AFSCME Local 1004, said the ciation for the efficient way in employees were disappointed with which the city was maintained. He the last offer given by the city. also asked when the City Council He said employees from various would concur with this position. departments (water, sewer, water He said 2% would not be satisfac- reclamation, streets, parks, tory. cemetery, airport maintenance and law enforcement, animal control, He said the city could save parking enforcement, engineering, money by auditing the upper 300 police and fire dispatch) were level pay classes. He expressed represented in the audience. his opinion that the city had too many people in this pay level and He referred to a budget audit he said the hard-working people in which was performed by his office the union were tired of not being 90-213 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 fairly compensated. He said it CONSENT AGENDA would be improper and unfair to pass a budget that didn't ade- Councilmember Godfrey moved quately compensate the employees. and Councilmember Horrocks second- He asked the Council to put the ed to approve the consent agenda, employees higher on their priority which motion carried, all members list. He said there was one more voted aye. contract negotiation meeting and he asked the Council to give Mr. #1. RE: Setting a date to Gisler enough money to work with hold a public hearing on August 7, since they were not far apart on 1990, at 6:20 p.m. to receive their positions. comments and consider adopting a resolution endorsing the Salt Lake #2. Sandra Hutchinson said City Housing Policy; and referring she had lived in her home north of this to the Committee of the 2100 South for 7. 5 years. She Whole. said during this time they had (T 90-18) lived with city employees working on the water line from 10:00 p.m. #2. RE: Setting a date to to 6:00 a.m. and had lost count- hold a public hearing on July 10, less hours of sleep. She said for 1990, at 6:40 p.m. to receive 7 years she had been told to talk public comment and consider adopt- to the neighborhood council, the ing an ordinance adding the City Council, the Mayor, and the Anthony H. Godbe House at 943 East water department about this situa- South Temple as a city landmark tion but no one seemed to be site. responsible. She said she under- (L 90-1 ) stood that the problem was a budget situation. #3. RE: Adopting Resolution 70 of 1990 authorizing the execu- She said she called at 4:00 tion of an interlocal cooperation p.m. today and no one at the water agreement between Salt Lake City department seemed to know what the Corporation and USDA-Forest Ser- problem was and didn't seem to vice, Wasatch-Cache National know that workers had been out to Forest, for prevention and sup- set up reflectors. She suggested pression of wildland fires on that the Council look at the intermingled or adjacent National administrative level to find money Forest and city owned land. for the workers. She said the (C 90-298) administrative level didn' t seem to know what was happening at the NEW BUSINESS workers' level. #1. RE: An ordinance amend- She said she was promised a ing Section 16. 12. 190 of the Salt new water line last fall since Lake City Code relating to fuel this was the oldest section of the and oil royalties. city. She said the city had already spent in excess of what a ACTION: Without objection new water line cost. She ex- Councilmember Whitehead referred pressed her opinion that if opera- this to the consent agenda. tions were properly run at the (0 90-28) administrative level, then the city would have money for employ- ees. 90-214 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 #2. RE: The reappointment 1990, which motion carried, all of Eddie Mayne to the Airport members voted aye. Authority Board. (P 90-86) ACTION: Without objection #3. RE: A resolution autho- Councilmember Whitehead referred rizing the issuance and confirming this to the consent agenda. the sale of the $17, 500,000 Tax (I 90-11 ) and Revenue Anticipation Notes, Series 1990, providing for cove- #3. RE: The reappointment nants to establish and maintain of Fred S. Ball to the Central the excludability of interest on Business Improvement District. the notes from gross income of the holders thereof for federal income ACTION: Without objection tax purposes; and providing for Councilmember Whitehead referred related matters. this to the consent agenda. (I 90-12) ACTION: Councilmember Hor- rocks moved and Councilmember Pace #4. RE: The reappointment of seconded to adopt Resolution 69 of Lynn Thatcher to the Mosquito 1990, which motion carried, all Abatement District. members voted aye. (Q 90-5) ACTION: Councilmember Godfrey moved and Councilmember Kirk #4. RE: A resolution autho- seconded to suspend the rules and rizing the issuance and providing approve the reappointment on first for the sale of Salt Lake City reading, which motion carried, all $224,000 Special Assessment Bonds, members voted aye. Series 1990, California Avenue (I 90-8) Curb and Gutter Extension Special Improvement District #38-724, UNFINISHED COUNCIL BUSINESS ( "The Bonds" ); providing for pricing and terms of the bonds, #1. RE: Consider adopting a prescribing the form of bonds, the resolution declaring that the maturity and denomination of said proposed Special Improvement bonds; providing for the continu- District #50-1396 for DeLong and ance of a guaranty fund; authoriz- March Streets not be established. ing and approving the form of a bond purchase agreement and the ACTION: Councilmember Kirk Official Statement, and related moved and Councilmember Hale matters. seconded to adopt Resolution 74 of 1990, which motion carried, all ACTION: Councilmember Godfrey members voted aye. moved and Councilmember Kirk (Q 90-4) seconded to adopt Resolution 71 of 1990, which motion carried, all #2. RE: An ordinance enact- members voted aye. ing Section 21. 10.090 providing (Q 86-14) for waiver of hearing fees for alley vacations in residential #5. RE: A resolution autho- zoning districts. rizing the issuance and providing for the sale of Salt Lake City, ACTION: Councilmember Godfrey $659, 000 Special Assessment Bonds, moved and Councilmember Horrocks Series 1990, California Avenue seconded to adopt Ordinance 43 of Special Improvement District #38- 90-215 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 808, ( "The Bonds" ) , providing for #8. RE: An ordinance enact- pricing and terms of the bonds, ing Section 8 .04.352, Salt Lake prescribing the form of bonds, the City Code, relating to the imposi- maturity and denomination of said tion of an impound fee for volun- bonds; providing for the continu- tary relinquishment of dogs and ance of a guaranty fund; authoriz- cats by the owner thereof to the ing and approving the form of a animal control facility. bond purchase agreement and the Official Statement, and related ACTION: Councilmember Godfrey matters. moved and Councilmember Kirk seconded to adopt Ordinance 45 of ACTION: Councilmember Godfrey 1990 establishing fees for the moved and Councilmember Kirk voluntary disposal of cats and seconded to adopt Resolution 72 of dogs at $5 per cat or litter of 1990, which motion carried, all kittens and $10 per dog or litter members voted aye. of puppies, which motion carried, (Q 89-2) all members voted aye. (0 90-29 ) #6. RE: A resolution autho- rizing the issuance and providing #9. RE: An ordinance enact- for the sale of Salt Lake City ing Sections 3.40.010, 3 .40. 020, $913,000 Special Assessment Bonds, and 3.40.030 of the Salt Lake City Series 1990, Special Improvement Code relating to payment in lieu District #38-830, ( "The Bonds" ) , of taxes for city property assets providing for pricing and terms of used by the water, sewer and the bonds, prescribing the form of refuse enterprise funds. bonds, the maturity and denomina- tion of said bonds; providing for ACTION: Councilmember Godfrey the continuance of a guaranty moved and Councilmember Kirk fund; authorizing and approving seconded to adopt Ordinance 46 of the form of a bond purchase agree- 1990, which motion carried, all ment and the Official Statement, members voted aye. and related matters. (0 90-25) ACTION: Councilmember Godfrey #10. RE: An ordinance amend- moved and Councilmember Hale ing subparagraph B and adding a seconded to adopt Resolution 73 of new subparagraph G to Section 1990, which motion carried, all 9.08 .030 relating to refuse pickup members voted aye. charges; changing the state code (Q 88-3) reference in Section 9 .08.030E to reflect the current state law for #7. RE: An ordinance amend- indigent abatement of taxes; and ing Section 5.04.070.A of the Salt revising Section 9 .08.070 relating Lake City Code relating to busi- to refuse container specifica- ness revenue license fees. tions, Salt Lake City Code. ACTION: Councilmember Godfrey ACTION: Councilmember Godfrey moved and Councilmember Kirk moved and Councilmember Kirk seconded to adopt Ordinance 44 of seconded to adopt an ordinance 1990 increasing the business amending subparagraph B and adding license revenue fees from $60 to a new subparagraph G to Section $70, which motion carried, all 9.08.030 of the Salt Lake City members voted aye. Code increasing the refuse collec- (0 90-22) tion fee from $4 for the first 90-216 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 city-supplied trash can and $2 for on the water bill in fees each the second city-supplied trash can year than for property taxes and to $6. 50 for the first can and the fees were not tax deductible. $5.25 for each subsequent can; changing the State Code reference He said at one point all city in Section 9 .08.030E to reflect services were paid for primarily current state law for indigent with property taxes from the abatement of taxes; and revising general fund. He said several Section 9.08.070 relating to years ago the city established refuse container specifications. water and sewer funds and charged user fees. He said in 1986 the Councilmember Hardman moved Mayor and Council decided to and Councilmember Whitehead sec- charge a 6% franchise fee on the onded to make a substitute motion city' s own water utility, and in to use $270, 000 in revenue real- 1987 the Mayor and City Council ized with the actual property tax transferred garbage collection to figures combined with $39, 500 from the water bill. He said that each the fee increases to restore the time the citizens did not see a annual neighborhood trash pickup reduction in their property taxes. to the general fund. This motion was withdrawn. He said now the Council was considering raising the garbage The Council then voted on the fee and transferring the annual original motion and adopted Ordi- trash pickup to the water bill nance 47 of 1990, which motion without a reduction in property carried, all members voted aye taxes. He said he thought these except Councilmembers Whitehead fees were taxes disguised as user and Hardman who voted nay. fees. He said by adopting the ordinance increasing garbage fees DISCUSSION: Councilmember from $4.00 to $6.50, the Council Hardman said he supported the user would raise taxes this year by an fee concept but believed that if a additional $30 per year added to service such as weekly garbage the average home owner' s water collection or the annual trash bill. He suggested that the best cleanup program was transferred to way to fund the annual trash a user fee, there should be a pickup was to do so out of the corresponding reduction in proper- surpluses which had become avail- ty taxes. Otherwise the city was able. creating another tax. He said many people questioned why proper- Councilmember Whitehead a- ty taxes continued to increase greed with Mr. Hardman and said he when traditional services were supported funding the annual trash being transferred to user fees. pickup with property taxes rather They also questioned what proper- than with a user fee. ty taxes were used for with all the user fees being created. Councilmember Kirk said the major problem she had with keeping He said the owner of a $70, - the trash pickup in the general 000 home (the average cost for fund was that businesses would pay homes in Salt Lake City) paid for a service they didn't receive, about $220 a year in property which would be unfair to them. taxes for city services including She also said they had made a the library system. He said the strong commitment to move towards average home owner was paying more user fees and she suggested that 90-217 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 it would philosophically inappro- #13. RE: An ordinance amend- priate to change direction. ing Section 2. 52. 118 of the Salt Lake City Code adopting the com- Cindy Gust-Jenson, Council pensation plan for 200 Series Executive Director, pointed out employees effective commencing that Councilmember Hardman's July 1, 1990, and ending June 30, motion was not appropriate at this 1991 . time. She said part of his motion could be considered but the Coun- ACTION: Councilmember Godfrey cil would have to appropriate the moved and Councilmember Pace $270,000 at the proper time seconded to adopt Ordinance 50 of during the budget consideration. 1990, adopting the compensation (0 90-24) plan for 200 Series employees effective commencing July 1, 1990, #11. RE: An ordinance amend- and ending June 30, 1991, except ing Sections 2.08. 100 and 2.08. 110 as the plan may be amended by the of the Salt Lake City Code, relat- City Council or upon approval of a ing to the shift of responsibility memorandum of understanding be- for storm drainage from the De- tween the city and the recognized partment of Public Works to the employee bargaining unit prior to Department of Public Utilities. June 30, 1990, which motion car- ried, all members voted aye. ACTION: Councilmember Godfrey (0 90-31) moved and Councilmember Kirk seconded to adopt Ordinance 48 of #14. RE: An ordinance amend- 1990, which motion carried, all ing Section 2. 52. 115 of the Salt members voted aye except Lake City Code adopting the com- Councilmember Hardman who voted pensation plan for 400 Series nay. employees effective commencing (0 90-23) July 1, 1990, and ending June 30, 1991 . #12. RE: An ordinance amend- ing Section 2. 52. 117 of the Salt ACTION: Councilmember Godfrey Lake City Code adopting the com- moved and Councilmember Pace pensation plan for 100 Series seconded to adopt Ordinance 51 of employees effective commencing 1990, adopting the compensation July 1 , 1990, and ending June 30, plan for 400 Series employees 1991. effective commencing July 1, 1990, and ending June 30, 1991, except ACTION: Councilmember Kirk as the plan may be amended by the moved and Councilmember Godfrey City Council or upon approval of a seconded to adopt Ordinance 49 of memorandum of understanding be- 1990, adopting the compensation tween the city and the recognized plan for 100 Series employees employee bargaining unit prior to effective commencing July 1, 1990, June 30, 1990, which motion car- and ending June 30, 1991, except ried, all members voted aye. as the plan may be amended by the (0 90-32) City Council or upon approval of a memorandum of understanding be- #15. RE: An ordinance amend- tween the city and the recognized ing Section 2. 52.010 Salt Lake employee bargaining unit prior to City Code, as last amended by June 30, 1990, which motion car- Bill 41 of 1989 relating to com- ried, all members voted aye. pensation of Salt Lake City Cor- (0 90-30) poration officers and employees. 90-218 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 ACTION: Councilmember Godfrey an animal impound fee, which moved and Councilmember Pace motion carried, all members voted seconded to adopt Ordinance 52 of aye. 1990, which motion carried, all members voted aye. #5. Councilmember Godfrey (0 90-33) moved and Councilmember Kirk seconded to increase anticipated #16. RE: An ordinance adopt- interfund reimbursements by $25, - ing the budgets, including the 000 to reflect an increase in library fund budget, and the administrative service charges employment staffing document of received from the refuse collec- Salt Lake City, Utah, for the tion fund, which motion carried, fiscal year beginning July 1, all members voted aye except 1990, and ending June 30, 1991, Councilmember Hardman who voted subject to the hearing required by nay. Title 59, Chapter 2 of the Utah Code Annotated. #6. Councilmember Godfrey moved and Councilmember Horrocks ACTION: #1 . Councilmember seconded to decrease anticipated Godfrey moved and Councilmember revenue from transfers from other Kirk seconded to increase the funds by $238, 700, which motion refuse collection fund projected failed, Councilmembers Horrocks, revenues by $572,977 to reflect Pace and Godfrey voted aye and revenue from the fee increase Councilmembers Whitehead, Hardman, related to the transfer of neigh- Kirk and Hale voted nay. borhood trash cleanup to the enterprise fund, which motion #7. Councilmember Godfrey carried, all members voted aye moved and Councilmember Kirk except Councilmembers Whitehead seconded to increase the refuse and Hardman who voted nay. collection fund operating and capital budget by $502,000 to #2. Councilmember Godfrey reflect the transfer of the neigh- moved and Councilmember Kirk borhood cleanup program from the seconded to increase anticipated general fund, which motion car- administrative service fees by ried, all members voted aye except $25,000 to reflect the enterprise Councilmembers Whitehead and fund's portion of the insurance Hardman who voted nay. deficit pay out, which motion carried, all members voted aye. #8. Councilmember Godfrey moved and Councilmember Horrocks #3. Councilmember Godfrey seconded to increase salary and moved and Councilmember Kirk retirement budgets by $109,961 in seconded to increase anticipated the general fund and $19,901 in license fee revenue by $48,000 the fleet management internal reflecting an increase in business service fund to be applied depart- license revenue fees from $60 to ment by department as follows: $70, which motion carried, all members voted aye. Attorney -530 Community/Economic #4. Councilmember Godfrey Development -11, 684 moved and Councilmember Hale Council -359 seconded to increase anticipated Finance -9, 055 license fee revenue by $10,000 Fire -54, 177 reflecting the implementation of HRAS -8, 976 90-219 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 Internal Audit +698 90, which motion carried, all Mayor +424 members voted aye. Parks/Recreation -34, 764 Police +82, 408 #13. Councilmember Godfrey Public Works -41, 659 moved and Councilmember Horrocks General Fund Salary seconded to increase the Fleet Contingency +187, 635 Management internal service fund Fleet Management Internal budget by $155, 125 to reflect Service Fund +19, 901 fleet maintenance costs associated with the restoration of the neigh- Which motion carried, all members borhood cleanup program, which voted aye except Councilmembers motion carried, all members voted Kirk and Hale who voted nay. aye. #9. Councilmember Godfrey #14. Councilmember Godfrey moved and Councilmember Kirk moved and Councilmember Kirk seconded to decrease the Attor- seconded to increase the Parks ney's Office budget by $85,000 to Department operations and mainte- reflect a reduction in jury and nance budget by $13,000 to fund witness fees, which motion car- the opening of the Jordan Park ried, all members voted aye. greenhouse, which motion carried, all members voted aye. #10. Councilmember Kirk moved and Councilmember Hardman seconded #15. Councilmember Godfrey to decrease the Fire Department moved and Councilmember Hardman budget by $70, 000 to eliminate seconded to increase the Parks funding for two early retirements Department recreation budget by to be absorbed through vacancies, $5, 500 to fund the opening of the which motion failed, Council- Liberty Park pool for the summer members Hardman and Kirk voted aye of 1990, which motion carried, all and Councilmembers Whitehead, members voted aye. Horrocks, Pace, Godfrey and Hale voted nay. #16. Councilmember Pace moved and Councilmember Hale seconded to #11. Councilmember Godfrey increase the Parks Department moved and Councilmember Hardman cemetery budget by $28,000 and 1 seconded to increase the Human FTE for a security guard, which Resources and Administrative motion failed, Councilmembers Services Department Human Resourc- Horrocks, Pace and Hale voted aye es Management Division budget by and Councilmembers Whitehead, $30,000 for in-house training Hardman, Godfrey, and Kirk voted materials, which motion carried, nay. all members voted aye except Councilmembers Whitehead and Kirk #17. Councilmember Godfrey who voted nay. moved and Councilmember Kirk seconded to support the Mayor' s #12. Councilmember Godfrey recommended hiring of 46 addition- moved and Councilmember Kirk al police officers, which motion seconded to decrease the Informa- carried, all members voted aye. tion Management Services internal service fund budget by $36,730 to #18. Councilmember Godfrey reflect the funding of a portion moved and Councilmember Kirk of the computer hardware mainte- seconded to decrease the Public nance program in Fiscal Year 1989- 90-220 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 Works Department budget by $163,- and Councilmember Kirk seconded to 000 to reflect the transfer of make a substitute motion to neighborhood cleanup to the refuse transfer $109,961 of one-time collection fund, which motion money from general fund contingen- carried, all members voted aye cy to the capital projects fund to except Councilmember Hardman who fund the Liberty Park pool, which voted nay. motion failed, Councilmembers Hardman and Kirk voted aye and #19 . Councilmember Godfrey Councilmembers Whitehead, moved and Councilmember Pace Horrocks, Pace, Godfrey and Hale seconded that the capital projects voted nay. fund budget be decreased by $144,- 000 to reflect the elimination of The Council then voted on the the Canterbury Apartment project, original motion, which motion which motion carried, all members failed, Councilmembers Horrocks, voted aye. Pace and Godfrey voted aye and Councilmembers Whitehead, Hardman, #20. Councilmember Godfrey Kirk and Hale voted nay. moved and Councilmember Kirk seconded that the debt service #24. Councilmember Kirk moved fund building restoration transfer and Councilmember Whitehead sec- out be increased by $105,000 for a onded to approve the 1990-91 total of $4,358, 642, to correct an general fund budget totaling accounting error, which motion $86,106,086, pending the comple- carried, all members voted aye. tion of a public hearing scheduled for August 9, 1990; and all other #21. Councilmember Godfrey budgets as presented by the Mayor moved and Councilmember Hale and altered by Council motion, and seconded that the Municipal Build- adopt an ordinance adopting the ing Authority fund be reduced by interim budgets of Salt Lake City, $680,000 for a total of $4, 140, 408 Utah, including the library fund to correct an accounting error, budget totaling $6,712,227 for the which motion carried, all members fiscal year beginning July 1, voted aye. 1990, and ending June 30, 1991, which motion failed, Council- #22. Councilmember Godfrey members Whitehead, Kirk and Hale moved and Councilmembers Horrocks voted aye and Councilmembers seconded that general fund trans- Horrocks, Pace, Hardman and fers out to the governmental Godfrey voted nay. immunity fund be increased by $98, 227, which motion failed, #25. Councilmember Godfrey Councilmembers Pace and Godfrey moved and Councilmember Horrocks voted aye and Councilmembers seconded to increase the general Whitehead, Horrocks, Hardman, Kirk fund contingency by $197,500, and Hale voted nay. which motion carried, all members voted aye except Councilmember #23. Councilmember Godfrey Kirk who voted nay. moved and Councilmember Horrocks seconded that the capital projects #26. Councilmember Godfrey fund budget be increased by $197, - moved and Councilmember Pace 500 to fund the Liberty Park pool seconded to approve the 1990-91 project. general fund budget totaling $86,303,586, pending the comple- Councilmember Hardman moved tion of a public hearing scheduled 90-221 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 for August 9, 1990; and all other 238, 700. Councilmember Kirk said budgets as presented by the Mayor if they did this the Council and altered by Council motion, and couldn't reduce the amount of the adopt Ordinance 53 of 1990 adopt- property tax increase. ing the interim budgets of Salt Lake City, Utah, including the Ms. Hamilton further ex- library fund budget totaling plained that $268, 000 of one-time $6, 712, 227 for the fiscal year money was built into ongoing beginning July 1, 1990, and ending costs. She said because of the June 30, 1991, which motion car- $270, 000 in unanticipated property ried, all members voted aye except tax revenue, the Council didn't Councilmembers Hardman and Kirk need to use the one-time money so who voted nay. it could stay in the SID guaranty fund. She explained that the DISCUSSION: The Council administration took money from discussed the following motions: several one-time sources in order to fund the on-going costs; only #6. Decrease anticipated reve- one of the funds used was the SID nue from transfers from other guaranty fund and the total amount funds by $238,700. Linda used was $238, 700. She said there Hamilton, finance director, said would be other motions dealing this would reduce the amount of with portions of one-time money. one-time money that was built into ongoing costs in the Mayor' s Councilmember Godfrey said budget. She said rather than the Council could still transfer transfer the money from the SID the money from the SID fund to fund to the general fund, this another fund. Ms. Hamilton said motion would leave the money in that was correct. the SID guaranty fund so the Council could appropriate it to a Councilmember Hardman said if one-time expense or capital the Council approved this motion project. the county revenue could not be used to reduce the amount of the Councilmember Hardman asked property tax increase. Council- how the city would generate $238, - member Kirk said the Council had 700. Ms. Hamilton said it was to decide if dealing with the one- part of the $270, 000 new revenue time money was more important than from Salt Lake County. She said reducing the property tax in- if the Council didn't approve this crease. She said since this money motion the $238, 700 would be was not anticipated she didn't transferred from the SID guaranty think they would lose anything by fund into the general fund for decreasing the property tax. She ongoing costs. She said this strongly supported using the created the problem of starting $270, 000 towards decreasing the next budget year with a deficit. property tax. Councilmember Godfrey asked Councilmember Godfrey voiced if the SID funds were part of the his concern that the $268, 000 in $268, 000 one-time money for sala- one-time money would be used for ries. Ms. Hamilton said yes. Mr. salaries, which meant that next Godfrey said if the Council ap- year the budget would already have proved the motion they would a deficit of $268, 000. He said reduce the $268,000 of one-time the $270, 000 would eliminate this money budgeted for salaries by situation. 90-222 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 Councilmember Whitehead a- The Mayor said the only way greed with Mrs. Kirk that the to avoid a deficit would be to cut $270, 000 should be used to reduce the base, decrease salaries, or taxes. He said if this revenue raise new taxes if there was no had not become available it would- revenue increase. He said the n't have been used to replace one- Council would possibly face anoth- time money. He didn't want to use er tax increase next year. this money to off set what the Mayor already proposed. Councilmember Hale agreed that the Council should do all Councilmember Pace said the they could to show good faith and $270, 000 would not actually decrease property taxes if possi- reduce taxes but would only reduce ble. However, he said if they the amount of the tax increase. didn't transfer this money then She said a number of funds had the city would have a deficit been seriously depleted over past situation. years and she suggested that these funds needed to be refurbished. #8. Increase salary and retirement budgets. The Mayor Councilmember Kirk asked if said all the figures listed re- the city would have a deficit next flected the compensation ordinanc- year if the union signed contracts es which the Council had adopted for a 2% cost of living increase. earlier in the meeting. He said The Mayor said the city would be by adopting this motion the Coun- in a better position if the Coun- cil would reflect the budget. He cil used the $270, 000 to replace said if the union signed con- the one-time money. He urged the tracts then the Council would have Council not to start next year' s a budget opening to reallocate the budget with a deficit. He said money. He said all the options he the proposed budget would have discussed with the Council were caused a deficit but now the included in this motion and gave Council had a way to remedy the him flexibility. situation with the $270,000. #10. Decrease the Fire He also said the part of the Department budget. Councilmember county assessment which the city Kirk said if the Council approved received was not on the growth this motion it would cause the side of city revenues. He said it fire department to budget for was from the state assessed valua- early retirements within their own tion, which went down two years budget. Councilmember Godfrey said ago by $600, 000. He said reduc- the problem with causing the ing the tax increase with the department to fund early retire- $270,000 could cause a problem if ments from their budget was that the number wasn't accurate. it would leave the department under staffed. Councilmember Kirk Councilmember Godfrey said said she worried about all the he thought if the Council knew early retirements coming from the they would have a deficit next general fund. Councilmember year then they should be responsi- Godfrey said only these two would ble and remedy the situation. be funded in the general fund. Councilmember Hardman said Councilmember Kirk said this would there would not automatically be a be one way to get an additional deficit; it would depend on the $70, 000. labor negotiations. 90-223 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 #13. Increase the Fleet open this year and the $197, 500 Management internal service fund would partially fund the pool budget. Councilmember Kirk asked renovation. Councilmember Hardman if this coincided with the Mayor's asked where the $197, 500 would recommendation. Councilmember God- come from. Councilmember Godfrey frey said this motion coincided said funding would come from the with Council action which made the savings realized by moving the neighborhood cleanup program an annual trash pickup out of the enterprise fund. general fund. #16. Increase the Parks Ms. Gust-Jenson said the Department cemetery budget. $197, 539 plus the $270, 000 unan- Councilmember Whitehead said this ticipated revenue was available to was not in the proposed budget. be allocated by the Council. Councilmember Pace said the Councilmember Godfrey said appro- desecration in the city cemetery priating the $197, 539 to the was an abomination. She said very Liberty Park pool would still old tombstones had been kicked leave $270,000 available to reduce over and broken. She said people the tax increase. also partied in the cemetery. She said she thought people who payed Councilmember Hardman made a for the services of the cemetery substitute motion to transfer deserved a security guard. $109, 961 of one-time money from the General Fund Contingency to #19. Elimination of the fund the Liberty Park pool and Canterbury Apartment project. Ms. said he thought it was more appro- Gust-Jenson explained that the priate to use one-time money for word "elimination" was an account- one-time projects rather than ing term. This motion would elimi- using on-going money. Council- nate the transfer of those funds member Godfrey agreed but said from the Canterbury project to the until union contracts were re- general fund. She said this would solved he didn't think it was not affect the Canterbury project. wise to appropriate the money from the General Fund Contingency. #22. General fund transfers out to the governmental immunity Councilmember Kirk said the fund. Councilmember Whitehead money was available and if the said this would be an addition to Council used the contingency funds the Mayor' s budget in order to then they could still offer the help the Governmental Immunity $197, 539 plus the $270, 000 to Fund have a better balance. reduce the property tax increase. Councilmember Godfrey suggested Councilmember Godfrey suggested that the money saved by moving the that it would be better to wait annual trash pickup from the until the hearing on August 9 at general fund be used for the which point the Council would know Governmental Immunity Fund, the status of union contracts. approximately $227, 000. Councilmember Whitehead agreed with Mr. Godfrey. #23. Increase capital projects to fund the Liberty Park Councilmember Hardman said pool. Councilmember Pace asked he was not willing to use $197, 000 for clarification. Councilmember in on-going money to fund a one- Godfrey said the $5, 500 appropri- time project and wanted to use ated earlier would keep the pool this money to reduce the tax 90-224 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 increase. Councilmember Whitehead to decide whether or not to cor- said at this point the Council rect the problem of one-time money needed to find out more details and they had the funds available about renovating the Liberty Park to do so. Councilmember Whitehead pool. He said he didn' t want to said the Council had a responsi- fund a project without knowing how bility to the tax payers and he much funding it would need in the did not want to raise taxes any future. He said this was a new more than necessary. project which hadn' t been dis- Councilmember Kirk agreed with cussed and he thought the Council Mr. Whitehead and said the one- should do everything they could to time money was a problem but she reduce the property tax increase. thought a bigger problem was not giving tax payers any relief. Councilmember Kirk said she thought the Council was doing what Councilmember Pace asked if they could to keep the pool open politically Council Members would this year. She said she was want to ask for another tax in- committed to keeping property crease next year. Councilmember taxes down. Kirk said she was not going to worry about next year because she Mayor DePaulis said he be- was too concerned about the poten- lieved the Council ' s first respon- tial elimination of sales tax on sibility was to take out all of food. The Mayor reiterated that the one-time money attributed to he thought the Council was creat- on-going expenses in order to ing a false impression to the avoid creating a greater deficit public. next year. He recommended this strongly and said otherwise the Councilmember Horrocks ex- Council might give the impression pressed his concern about delib- of a tax reduction, which may not erately creating an automatic be accurate. deficit for next year. Councilmember Whitehead suggested In reference to Councilmember then that the Council should leave Godfrey' s motion, Councilmember the $197, 500 in the General Fund Whitehead said this would affect Contingency. the amount of money available to reduce the tax increase. #24. Adopting budgets. Councilmember Godfrey said there Councilmember Hardman asked what was $270, 000 available for the the tax increase would be on a reduction in the property tax $70, 000 home. Buzz Hunt, city increase. treasurer, said it would be about $12. 63. Councilmember Whitehead The Mayor said the money reiterated that the Council had raised by increasing taxes was added $30.00 in other fees. specifically for new police offic- ers. He said he too wanted to keep Councilmember Hardman said the tax increase to a minimum. He this motion assumed that the said now that the Council had Council was approving a $4. 59 per $270, 000 available it would more year increase to property taxes prudent to use it against one- for the library. time money. The Mayor, one last time, Councilmember Godfrey said it expressed his concern about creat- was the Council ' s responsibility ing a deficit in next year' s 90-225 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 budget. Councilmember Hardman said fees on the water utility bill, as long as the Council always and said these were onerous and adopted the budget before the end regressive taxes for the people in of contract negotiations, there his district. would be this situation. The Mayor said had he known about the Councilmember Kirk said that $270,000, he would not have pre- based on the Mayor' s policy issues sented one-time money in the they could take care of some of budget. the problems next year. She said she didn' t think she was being Councilmember Whitehead fiscally irresponsible to use the reiterated that he didn' t want to money to reduce the tax increase. raise taxes any more than abso- She suggested that the administra- lutely necessary. Council-member tion needed to lobby the Legisla- Pace said the amount which the ture in order to solve some of the tax payers would save was actually city' s problems. very small. Council-member Kirk said the Council approved the #25. Increase the general police officers as requested by fund contingency by $197, 500. the Mayor and still had money to Councilmember Godfrey said he was reduce the tax increase. concerned about using $268,000 in one-time money for salaries. He Councilmember Godfrey asked said this motion was a compromise. other Council Members to express He said the money was in contin- their thoughts about the motion. gency and the Council controlled Councilmember Horrocks said he its allocation. Councilmember thought the Council was building Whitehead said it wasn' t exactly in a deficit. Councilmember Pace what he wanted but the compromise concurred with Mr. Horrocks. was better than what could have been. Councilmember Hardman said he was concerned that the Council was #26. Adopting the budgets raising too many user fees, and he for Fiscal Year 1990/91. said no one had discussed the Councilmember Hardman said he potential of a storm drainage fee would vote against the motion next year. Councilmember Hale because he opposed the number of said he thought there would be a tax and fee increases. He said subsequent motion that would give the Council created a tax liabili- a discretionary amount which ty this year which would start didn't have to be allocated until next year on the water bill for August. the storm drainage issue. He reminded the Council that user Councilmember Whitehead said fees were not tax deductible. He by voting against the motion the said he was frustrated that the Council would raise the property Council didn't get the budget tax higher plus increase garbage sooner. He recommended that the pickup and the annual trash pickup Council reexamine their role in fees. Councilmember Hardman said the budget making process so they this motion would reduce the tax could have more meaningful con- by $4.00 but the total tax in- trol. He said he disliked voting crease based upon property taxes against the budget because he and fee increases was about $90.00 supported the increase for police per home. He said he was con- and the library. cerned about including additional 90-226 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 Councilmember Pace said the ward spiral by increasing taxes. tax payers wanted and needed the He said he was committed to work- services but didn't want to pay ing with the Mayor and Council to for them. In regards to the storm resolve this problem. drainage issue, she said the EPA would impose regulations that were The Mayor reiterated that he beyond the city' s control but had proposed a balanced budget would have to be paid for. with a tax increase only to hire police officers. Councilmember Hardman said people paid their property taxes Councilmember Horrocks said and they expected a certain level it seemed like the State Legisla- of service for those taxes. He ture thought Salt Lake City could said the fees on the water bill replace any revenue they took for the average home owner were away. He said Salt Lake generat- now greater than the tax rates. ed about 20% of the sales tax yet the Legislature created a formula Councilmember Whitehead said to take a goodly portion of those he thought this was the best taxes. He said this year they compromise at this time. decided to use an estimated 1988 (B 90-3) population for tax computations and it cost Salt Lake City $600, - #17. RE: An ordinance adopt- 000. He said this was forcing ing the rate of tax levy and Salt Lake City to raise taxes. levying taxes upon all real and personal property within Salt Lake Councilmember Whitehead said City, Utah, made taxable by law tonight' s Council actions would for the fiscal year commencing increase the property tax and user July 1, 1990, and ending June 30, fees to approximately $48.84. He 1991. said he didn' t understand when people voiced their concern for ACTION: Councilmember Godfrey tax payers but voted against the moved and Councilmember Horrocks motions that would have helped the seconded to adopt Ordinance 54 of tax payers more. 1990 establishing the tax rate for (0 90-27) the General Fund at .004696 and the Library Fund at .000971, #18. RE: A motion adopting pending the completion of a public legislative intent statements hearing schedule for August 9, relating to the Fiscal Year 1990- 1990, for the fiscal year begin- 91 budgets . ping July 1, 1990, and ending June 30, 1991, which motion carried, ACTION: #1. Councilmember all members voted aye except Godfrey moved and Councilmember Councilmembers Hardman and Kirk Horrocks seconded to approve the who voted nay. intent of the Council that the Administration consider charging DISCUSSION: Councilmember higher fees for nonresidents for Hardman said after tonight Salt city recreation programs, includ- Lake City could possibly have the ing golf and the Steiner Aquatic highest property tax rate within Center. the state. He said when people and businesses were fleeing to the Councilmember Kirk moved and suburbs, he thought it was a great Councilmember Pace seconded a disservice to continue the down- substitute motion to include 90-227 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 citizens living in Salt Lake approve the intent of the Council County as residents of Salt Lake to support the Administration' s City, which motion failed Council- development of a new fee structure members Kirk and Pace voted aye to recover costs incurred in and Councilmembers Hale, Godfrey, meeting the new EPA drainage Horrocks, Whitehead, and Hardman permit program requirements; the voted nay. Council requests that at least two options, both to include an abate- The Council then voted on the ment program for low income indi- original motion, which motion viduals, be provided for Council carried, all members voted aye review and discussion prior to the except Councilmember Horrocks who 1991-92 budget review process, voted nay. which motion carried, all members voted aye. #2. Councilmember Pace moved and Councilmember Hardman seconded #6. Councilmember Godfrey to approve the intent of the moved and Councilmember Kirk Council that the Administration seconded to approve the intent of provide a written update to the the Council that the Administra- Council on a quarterly basis tion review the possibility of regarding the status of the Moun- establishing a volunteer or police tain Dell Golf Course construction cadet program such as the county' s and maintenance timetable, prepa- deputy reserve program to augment ratory to the opening of the the City' s full-time police ef- second eighteen holes, which forts in non-confrontational motion carried, all members voted situations, which motion carried, aye. all members voted aye except Councilmembers Horrocks and Pace #3. Councilmember Horrocks who voted nay. moved and Councilmember Kirk seconded to approve the intent of #7. Councilmember Kirk moved the Council that the Administra- and Councilmember Hale seconded to tion continue to implement the approve the intent of the Council hazardous materials inspection to request the Administration to program in the Fire Department, monitor the new charges for para- and provide a biannual update to medic ambulance services to deter- the Council on the status of the mine if an abatement program is program including revenue generat- needed for low income and un- ed and the revenue anticipated in insurable individuals, which the coming months, which motion motion carried, all members voted carried, all members voted aye. aye. #4. Councilmember Kirk moved #8. Councilmember Hardman and Councilmember Hale seconded to moved and Councilmember Kirk approve the intent of the Council seconded to approve the intent of that the Administration provide a the Council to support the Admini- written and oral six-month update stration's plans to review the on the Steiner Aquatic Center City's participation in the Metro revenues and expenditures by Narcotics Force; the Administra- January 15, 1991, which motion tion is requested to provide to carried, all members voted aye. the Council information on the funding and participation of other #5. Councilmember Pace moved municipalities, prior to the and Councilmember Kirk seconded to expenditure of any City funds 90-228 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 beyond the level budgeted this seconded to approve the intent of fiscal year in Fiscal Year 1990- the Council to request the City 91, which motion carried, all Attorney's Office to review the members voted aye. issue of double taxation with regard to paramedic services, #9 . Councilmember Horrocks animal control, and recreation moved and Councilmember Pace services which are provided by the seconded to approve the intent of City within Salt Lake City limits the Council for the Council and and by the County outside of Salt Mayor to jointly establish a task Lake City limits, which motion force to review the salary levels carried, all members voted aye. of city elected officials, with any changes recommended to go into #14. Councilmember Kirk effect in Fiscal Year 1992-93, moved and Councilmember Hale which motion carried, all members seconded to approve the intent of voted aye except Councilmembers the Council that the Administra- Hardman and Kirk who voted nay. tion continue to pursue study and implementation of an enhanced golf #10. Councilmember Hardman reservation system, which motion moved and Councilmember Hale carried, all members voted aye. seconded to approve the intent of the Council that the Administra- #15. Councilmember Hale tion review the hours of the Fleet moved and Councilmember Horrocks Management Division impound lot seconded to approve the intent of and make an effort to accommodate the Council to continue to encour- citizens, either before 8 a.m. or age the Utah Department of Trans- after 5 p.m. , while still main- portation to beautify the easement taining the 8 hour day proposed in near the Airport Golf Course, the Mayor's budget, which motion which motion carried, all members carried, all members voted aye. voted aye. #11 . Councilmember Hardman #16. Councilmember Hardman moved and Councilmember Horrocks moved and Councilmember Kirk seconded to approve the intent of seconded to approve the intent of the Council to encourage the the Council that the Administra- Administration to physically house tion include the Public Library' s the independent internal audit operating and capital budget as office outside of the Finance proposed by the Library Board of Department area, which motion Directors, to the extent possible carried, all members voted aye. and appropriate, in the City's regular budget review process, #12. Councilmember Pace which motion carried, all members moved and Councilmember Godfrey voted aye. seconded to approve the intent of the Council to support the #17. Councilmember Hale moved Library's efforts to explore and Councilmember Whitehead sec- alternative sources of funding onded to approve the intent of the including grants, state and feder- Council that the Administration al legislation, interlocal agree- review the issue of leased office ments and donations, which motion space as opposed to owned office carried, all members voted aye. space, and brief the City Council, which motion carried, all members #13. Councilmember Horrocks voted aye. moved and Councilmember Kirk 90-229 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUKE 12, 1990 #18. Councilmember Horrocks development in the Northwest moved and Councilmember Hardman Quadrant around the airport, and seconded to approve the intent of that the Administration bring to the Council to request from the the Council a plan for funding the Utah Economic Development Corpora- City' s share of such a study. tion a quarterly report of activi- ty in Salt Lake City, including To support the Administra- the number of jobs generated, tion's plans to review the issue which motion carried, all members of the commuter tax and look at voted aye. alternatives for generating reve- nue to help fund services provided #19 . Councilmember Godfrey for Salt Lake City' s large daytime moved and Councilmember Kirk population. seconded to approve the intent of the Council to notify Salt Lake That the City continue to County that the City Council does support the concept of public and not plan to continue to fund the private partnerships for the fine arts facilities beyond Fiscal funding of additional amenities, Year 1990-91, which motion and continue to utilize citizen carried, all members voted aye. volunteers in creative ways as is feasible and appropriate. #20. Councilmember Horrocks moved and Councilmember Kirk To encourage the Administra- seconded to approve the intent of tion to continue to enhance ef- the Council to encourage the fine forts to educate all city employ- arts facilities to explore all ees about the importance of deal- possible funding options so that ing in a positive manner with the the joint funding agreement can be public. phased out, as planned, in the immediate future, which motion To request from the City carried, all members voted aye. Attorney information on the legal- ity of providing incentives for #21. Councilmember Pace city employees who reside within moved and Councilmember Horrocks the City limits. seconded to approve the intent of the Council to encourage the Which motion carried, all Administration to establish a members voted aye. group discount rate at the Steiner Aquatic Center, which motion #23. Councilmember Horrocks carried, all members voted aye moved and Councilmember Kirk except Councilmember Whitehead who seconded to approve the intent of voted nay. the Council that the Administra- tion and Council continue to #22. Councilmember Hardman establish a formal plan by which moved and Councilmember Godfrey to enhance the City's lobbying seconded to approve the following effort, which motion carried, all intents of the Council: members voted aye. That the Administration #24. Councilmember Pace identify alternatives for conduct- moved and Councilmember Horrocks ing a comprehensive economic seconded to approve the intent of feasibility study of the airport the Council to support the Mayor's and surrounding property to set Recycling Committee's efforts to the stage for expanded economic study successful, cost effective 90-230 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 recycling programs in cooperation employees, with the ultimate goal with the County and other public of negotiating a pay for perfor- agencies in the area and in the mance system during collective private sector to encourage resi- bargaining. dents and businesses throughout the City to support and partici- Which motion carried, all pate in a comprehensive recycling members voted aye. program, which motion carried, all members voted aye. #26. Councilmember Godfrey moved and Councilmember Kirk #25. Councilmember Horrocks seconded to approve the following moved and Councilmember Godfrey intents of the Council: seconded to approve the following intents of the Council: Council staff review the early retirement program and That the Administration provide an update to the Council. provide to the Council a report regarding its progress on imple- Council staff review the menting the fleet management- audit of the car per officer related cost savings recommenda- program done in 1989, and provide tions in the Human Resources and an update to the Council. Administrative Services Department audit by Ernst & Young. Council staff review the information available on possible That the Administration charges for services to the air- review the Animal Control license port and provide a summary to the renewal program and consider Council. implementing a fee for late li- cense renewal (could generate Council staff review the $17,000 to $19, 000 per year) . crossing guard program and provide an update to the Council. That the Council and the Administration jointly pursue the Which motion carried, all recommendation of the 1988 Hughes members voted aye. Heiss audit that the City identify and develop a plan of action to #27. Councilmember Godfrey establish a mechanism to coordi- moved and Councilmember Kirk nate recreation and sports program seconded to approve the following activities on a city-wide basis to intents of the Council: restore the City' s focus on commu- nity events and eliminate the To support the concept of current duplication of efforts in establishing a fee which could be the sports area. levied to discourage any abuse of the 911 system. To express support for the proposed pay for performance To encourage the Administra- implementation plan; it is the tion to continue to pursue the Council ' s understanding that preparation of ordinances which during Fiscal Year 1990-91, the would allow the City to charge a Administration would focus on fee for excessive police and fire program design and development, false alarms. preparation of procedures and cost identification; initial implemen- Which motion carried, all tation would be with 300 series members voted aye. 90-231 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 DISCUSSION: The Council have to assess this next year. discussed the following intents: #21. Councilmember Hardman #1. Councilmember Kirk asked if this group discount suggested including Salt Lake included a family rate. Cindy County citizens as residents of Gust-Jenson said it did. Salt Lake City. Councilmember (B 90-3) Godfrey said he was concerned with this because city residents PUBLIC HEARINGS couldn' t use county facilities at the same rate as county residents. #1. RE: A public hearing at Councilmember Whitehead asked why 6:00 p.m. to receive comments and they should include Salt Lake consider adopting a motion autho- County residents when Davis County rizing the execution of a revised was closer to Salt Lake City than interlocal cooperation agreement Sandy. He suggested that in this between Salt Lake City, other case they should include the entities, and the City of Hurri- entire Wasatch Front. cane relating to the issuance of Councilmember Kirk said she revenue bonds by Hurricane City on suggested this substitution be- behalf of Mission Health Services, cause it worked in Phoenix and she a Utah Non-Profit Corporation. thought it could be effective for the golf courses. Councilmember ACTION: Councilmember Godfrey Hardman said the parks department moved and Councilmember Hardman had argued against this. He said seconded to close the public in starting a new facility no one hearing, which motion carried, all knew what the actual costs or members voted aye. revenues would be. He said he would be willing to consider this Councilmember Godfrey moved once he knew more about the finan- and Councilmember Pace seconded to cial situation of the Steiner adopt a motion authorizing the Aquatic Center. execution of a revised interlocal cooperation agreement, which Councilmember Godfrey said motion carried, all members voted this motion didn' t specify a time aye except Councilmembers Hale and frame; just that the Council Hardman who voted nay. wanted a response by next year. DISCUSSION: Vernon Romney, #16. Councilmember Hardman attorney representing Terrace explained that the Mayor presented Villa in Salt Lake City and Timpa- his budget but the Council didn' t nogas Care in Orem, opposed grant- get the library budget at the same ing this agreement. He said it time. Because of this the Coun- was not fair to allow these people cil was not aware of the proposed under the guise of nonprofit library increase until the night corporations to compete against of the public hearing on May 15. those involved in profit corpora- He said he wanted the library tions. He also said there would budget at the same time the Mayor be a loss of tax revenue for the presented his budget. districts which entered into the program. #19. Councilmember Pace said she supported this intent because He said the IRS had begun to it included the words "does not study such proposals and was plan" . She said the Council may considering the possibility that 90-232 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JUNE 12, 1990 they were of dubious nonprofit from anyone who wanted to become character and might be disallowed. non profit. He said Arkansas and Iowa had (C 90-102) turned down similar proposals. He requested that the Council table the action pending further study. The meeting adjourned at 9 : 40 He said Salt Lake County had p.m. turned down this arrangement, Utah County was in the process of turning it down, and Weber County refused to be the issuing agency. COUNCIL CHAIR Councilmember Pace asked the status of the two health care facilities which Mr. Romney repre- CITY RECORDER sented. Mr. Romney said they were for-profit organizations and they weren' t involved in anything like this. David Smith, bond counsel, said Mr. Romney misunderstood the nature of this transaction. He said no tax advantage would be granted to the individual facili- ties, and they would not receive a tax exempt status now or in the future. He said tax revenues would continue to flow to all of the respective municipalities where the facilities were located. He said the nonprofit umbrella allowed proceeds to be funneled back into the facilities to im- prove the quality of health care. He said they applied for approval with the IRS in February and on May 23, 1990, the IRS approved this issue. He said they had been careful to meet all requirements. He also said the transactions in Iowa and Arkansas were materially different and not related to this transaction. Richard Young, consultant to the underwriter, said Iowa issued $86, 000, 000 in bonds similar to this transaction. In terms of unfair competition, he said the nonprofit status wasn't withheld 90-233 SALT LAKE CITY COUNCIL AGENDA CITY COUNCIL CHAMBER ROOM 315 CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, July 10, 1990 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County Building, 451 South State 1 . Report of the Executive Director, including discussion of selecting a Council representative to the City's audit committee. 2. The Council will interview Don L. Skaggs prior to consideration of his appointment to the Airport Authority. 3. The Council will interview Annettte P. Cumming prior to consideration of her appointment to the Airport Authority. 4. The Council will interview Roger M. Smedley prior to consideration of his appointment to the Airport Authority. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance. 3. Approval of the minutes. 4. The Utah Safe Drinking Water Committee will present an Achievement Award to Salt Lake City Corporation. 5. The Council and Mayor will present a proclamation regarding the "National Night Out" against crime. C. COMMENTS: 1 . Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Board Appointment: Airport Authority Consider approving the appointment of Annette P. Cumming to the Airport Authority. (I 90-11) Staff recommendation: Adopt. 2. Board Appointment: Airport Authority Consider approving the reappointment of Eddie Mayne to the Airport Authority. (I 90-11 ) Staff recommendation: Adopt. 3. Board Appointment : Central Business Improvement District Consider approving the reappointment of Fred S. Ball to the Central Business Improvement District. (I 90-12) Staff recommendation: Adopt. 4. Board Appointment Consider approving the appointment of Don L. Skaggs to the Airport Authority. (I 90-11) Staff recommendation: Adopt . 5. Ordinance: Recreation Advisory Board Consider adopting an ordinance amending section 2.37.030 of the Salt Lake City Code relating to increasing the number of voting members on the Salt Lake City Recreation Advisory Board. (0 90-10) Staff recommendation: Adopt. 6. Board Appointment Consider approving the appointment of Roger M. Smedley to the Airport Authority. (I 90-11) Staff recommendation: Adopt. 7. Resolution Re: Interlocal Agreement / UDOT Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Utah Department of Transportation to relocate existing flashing light signals. (C 90-381) Staff recommendation: Adopt. 8. Resolution Re: Interlocal Agreement / FAA Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the United States of America Federal Aviation Administration for maintenance and funding of an instrument landing system. (C 90-380) Staff recommendation: Adopt. 9. Resolution Re: Interlocal Agreement / UDOT Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Utah Department of Transportation allowing the Highway Patrol to use the City's firing range located at the airport . (C 90-379) Staff recommendation: Adopt. 10. Western Fiberglass I.R.B. -TEFRA Set date to hold a hearing on August 7, 1990 at 6:00 p.m. to receive public comment RE: $2,000,000 in Industrial Development Revenue Bonds for capital expansion of Western Fiberglass within the Salt Lake City limits. (Q 90-6) Staff Recommendation: Set Date. E. NEW BUSINESS: 1 . Ordinance: Conveyance For Value -- Contract Signature Authority Consider adopting an ordinance amending Chapter 2.58 of the Salt Lake City Code dealing with the conveyance for value of City property. (0 90-34) Staff recommendation: Suspend and Adopt. 2. Ordinance: Fuel and Oil Royalties Set date to hold a hearing on August 7 at 6:30 p.m. to receive public comment and consider adopting an ordinance amending Section 16. 12. 190 of the Salt Lake City Code relating to fuel and oil royalties. (0 90-28) Staff recommendation: Set date. . Rate Increase: Gold Cross Set date to hold a hearing on August 14 at 6:20 p.m. to receive �` public comment and consider adopting an ordinance amending section U 5. 10.305 of the Salt Lake City Code to increase rates for Gold Cross Ambulance service. N.S. �� \N (G 90-11 ) Staff recommendation: Set date. F. UNFINISHED BUSINESS 1 . Assessment Ordinance: Street Lighting District #1 Consider adopting an ordinance levying a tax and providing for the assessment of property in Special Lighting District No. 1 , Salt Lake City, Utah for a period of three (3) years; establishing the effective date of this ordinance, and related matters. Staff recommendation: Adopt. 2. Approval of new 16th year ( 1990-91) CDBG project--Fellowship Hall Consider adopting a motion approving a new CDBG project to purchase Fellowship Foundation Building at 1380 Richards Street using 16th year CDBG Contingency Funds. Staff recommendation: Adopt motion. 3. Ordinance: Memorandum of Understanding, Firefighters Local 1645 Consider adopting an ordinance approving the memorandum of understanding between Salt Lake City Corporation and the International Association of Firefighters, Local 1645, representing the 400 series City employees. (0 90-32) Staff recommendation: Adopt. 4. Ordinance : Memorandum of Understanding, AFSCME, Local 1004 -- 200 Series Consider adopting an ordinance approving the memorandum of understanding between Salt Lake City Corporation and the American Federation of State, County and Municipal Employees, Local 1004, representing the 200 series City employees. (0 90-31) Staff recommendation: Adopt. 5. Ordinance: Memorandum of Understanding, AFSCME, Local 1004 -- 100 Series Consider adopting an ordinance approving the memorandum of understanding between Salt Lake City Corporation and the American Federation of State, County and Municipal Employees, Local 1004, representing the 100 series City employees. (0 90-30) Staff recommendation: Adopt. 6. Resolution Re: Interlocal Agreement / School Board Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City and the Salt Lake City School Board Re: Steiner Aquatic Center. Staff recommendation: Adopt. 7. Ordinance: Adopting fee schedule for Steiner Aquatic Center Set date to hold a hearing on July 17 at 6:30 p.m. to receive public comment and consider an ordinance adopting a fee schedule for Steiner Aquatic Center. Staff recommendation: Set date. G. PUBLIC HEARINGS: 6:30 p.m. 1 . Alley Vacation Petition # 400-793-90 / Wilson to Downington Hold a non-advertised hearing to receive public comment and consider adopting an ordinance vacating a portion of an alley between Wilson Avenue and Downington Avenue, 125 feet east of 900 East , pursuant to Petition No. 400-793-90. (P 90-184) Staff recommendation: Close hearing and adopt. 6:40 p.m. 2. City Landmark Site Hold a hearing to receive public comment and consider adopting an ordinance adding the Anthony H. Godbe House at 943 East South Temple as a City landmark site. (L 90-1) Staff recommendation: Close hearing and adopt. H. ADJOURNMENT. ff FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM! ON THIS AGENDA. DATED: July 6, 1990 / BY: f ti� `2,,L- CIT RECORDER STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 6th day of July, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City COuncil and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt Lake City, Utah: 1. At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5: 00 p. m. in the Newsroom, Room 343./ • / et4i , , ,j,j'a,( _ dITY RE ORDER Subscribed'and sworn to before me this 6th day of July, 1990. % / 4( 4/` Notary Pub .s ing in the State of Utah My f Public Comm i s s i on Expires: 8 eAReAFA wucH7 a`� t so.sees fat fern 415 1 rA. M August t,199ell 1 S zta of 1',:_i, APPROVAL: EX CUT VE DIREC R SAL 1 r _OOR , 110 ROGER F. CUTLER ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS V. DEPUTY CITY ATTORNEY CITY AND COUNTY BUILDING LARRY BRUCE R. BAIIRDVE CHERYL D. LUKE 451 SOUTH STATE STREET, ROOM 505 FRANK M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY, UTAH 84111 ASSISTANT PROSECUTORS TELEPHONE (801) 535-7788 CECELIA M. ESPENOZA GLEN A. COOK FAX (801) 535-7640 JANICE L. FROST MARSHA ATKIN July 10, 1990 Cindy Gust-Jenson City Council Office 451 South State, Room 304 Salt Lake City, UT 84111 Re: Fee for Emergency Services Dear Cindy: The State has adopted an Emergency Medical Services System Act, Section 26-8-1, et seq. , Utah Code Ann. This Act purports to regulate licensing of city paramedics and to establish fees for private ambulance services. As the State Emergency Medical Services Committee has been given specific power to "establish by rule maximum rates that can be charged by licensed persons for providing emergency medical services in the state, Section 26-8-4( 18 ) , Utah Code Ann. , the City is preempted from setting rates for ambulance services. This is because any rate we set which would be different from the rate set by the State, whether greater or lesser, would be inconsistent with the policy of the State to set uniform rates. If we set the same rate any hearing would be wasting the valuable time and resources of both the City and the ambulance companies as any hearing would be duplicated and accomplish nothing useful. I will be submitting an ordinance to amend our ambulance rates. Very truly yours, GREG R. HAWKINS Assistant City Attorney GRH:rc A4„ 1 ',II's \DI e..... 1 d\� fie, cp' SALT AKE CITY COUNCIL AGENDA ACkendq k / CITY COUNCIL CHAMBER _ Minn. ��,1� ROOM 315 hed � �� Nr�� CITY AND COUNTY BUILDING `d i,t Cctnm, 451 SOUTH STATE STREET ,-`�I' — h�incicx, Tuesday, July 10, 1990 L( 4c_ 1U1,�` 1 j1r ). 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County BW lding, 451 South State V ' 1 . Report of the Executive Director, including discussion of � C ) selecting a Council representative to the City's audit committee. The Council will interview Don L. Skaggs prior to consideration of (9'b� his appointment to the Airport Authority. ( : A The Council will interview Annettte P. Cumming prior to 7 consideration of her appointment to the Airport Authority. 40 The Council will interview Roger M. Smedley prior to consideration of his appointment to the Airport Authority. B. OPENING CEREMONIES: 1. Invocation. 2. Pledge of Allegiance. 6 l . Approval of the minutes. The Utah Sa e Drinkin W ter Co i ee ill present an Achievement Award to Salt Lake ity Corporation. �� The Council and Mayor will present a proclamation regarding the �`1(, : ll// "National Night Out" against crime. uC. COMMENTS: 1. Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Board Appointment: Airport Authority Consider approving the appointment of Annette P. Cumming to the Airport Authority. (I 90-11) Staff recommendation: Adopt. 2. Board Appointment: Airport Authority Consider approving the reappointment of Eddie Mayne to the Airport Authority. (I 90-11) Staff recommendation: Adopt. 3. Board Appointment : Central Business Improvement District Consider approving the reappointment of Fred S. Ball to the Central Business Improvement District . (I 90-12) Staff recommendation: Adopt. 4. Board Appointment Consider approving the appointment of Don L. Skaggs to the Airport Authority. (I 90-11 ) Staff recommendation: Adopt. 5. Ordinance: Recreation Advisory Board Consider adopting an ordinance amending section 2.37.030 of the Salt Lake City Code relating to increasing the number of voting members on the Salt Lake City Recreation Advisory Board. (0 90-10) Staff recommendation: Adopt. 6. Board Appointment Consider approving the appointment of Roger M. Smedley to the Airport Authority. (I 90-11 ) Staff recommendation: Adopt. 7. Resolution Re: Interlocal Agreement / UDOT Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Utah Department of Transportation to relocate existing flashing light signals. (C 90-381 ) Staff recommendation: Adopt. 8. Resolution Re: Interlocal Agreement / FAA Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the United States of America Federal Aviation Administration for maintenance and funding of an instrument landing system. (C 90-380) Staff recommendation: Adopt. 9. Resolution Re: Interlocal Agreement / UDOT Consider adopting a resolution authorizing the execution of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Utah Department of Transportation allowing the Highway Patrol to use the City's firing range located at the airport. (C 90-379) Staff recommendation: Adopt. 10. Western Fiberglass I.R.B. -TEFRA Set date to hold a hearing on August 7, 1990 at 6:00 p.m. to receive public comment RE: $2,000,000 in Industrial Development Revenue Bonds for capital expansion of Western Fiberglass within the Salt Lake City limits. (Q 90-6) Staff Recommendation: Set Date. E. NEW BUSINESS: Iv n,\o� are --\\ )k.'3enn Lipt 1 . Ordinance: Conveyance For Value -- Contract Signature Auth ity Consider adopting an ordinance amending Chapter 2.58 of the Salt Lake City Code dealing with the conveyance for value of City property. (0 90-34) Staff recommendation: Suspend and Adopt. 2. Ordinance: Fuel and Oil Royalties Set date to hold a hearing on August 7 at 6:30 p.m. to receive public comment and consider adopting an ordinance amending Section 16. 12. 190 of the Salt Lake City Code relating to fuel and oil royalties. (0 90-28) Staff recommendation: Set date. Lj�� g Rate Increase: Gold Cross \\' '\�� Set date to hold a hearing on August 14 at 6:20 p.m. to receive �1� �p 7 ,W\ public comment and consider adopting an ordinance amending section 1\� \69" V� 5. 10.305 of the Salt Lake City Code to increase rates for Gold ,„r' Cross Ambulance service. (G 90-11) Ne,. Staff recommendation: Set date. j67D ..ko 5uo* (11 I 'A\CI;6\9: , &- i ‘..,,) .y),, F. UNFINISHED BUSINESS / V (/'-i cY)J''‘ ID Assessment Ordinance: Street Lighting District #1 A C' Consider adopting an ordinance levying a tax and providing for the V;) assessment of property in Special Lighting District No. 1 , Salt Lake City, Utah for a period of three (3) years; establishing the � effective date of this ordinance, and related matters. VlJ� Q 1," J Staff recommendation: Adopt. Nr()'' 2. Approval of new 16th year ( 1990-91) CDBG project--Fellowship Hall Consider adopting a motion approving a new CDBG project to purchase Fellowship Foundation Building at 1380 Richards Street using 16th year CDBG Contingency Funds. Staff recommendation: Adopt motion. 3. Ordinance: Memorandum of Understanding, Firefighters Local 1645 Consider adopting an ordinance approving the memorandum of understanding between Salt Lake City Corporation and the International Association of Firefighters, Local 1645, representing the 400 series City employees. (0 90-32) Staff recommendation: Adopt. 4. Ordinance: Memorandum of Understanding, AFSCME, Local 1004 -- 200 Series Consider adopting an ordinance approving the memorandum of understanding between Salt Lake City Corporation and the American Federation of State, County and Municipal Employees, Local 1004, representing the 200 series City employees. (0 90-31) Staff recommendation: Adopt. 5. Ordinance: Memorandum of Understanding, AFSCME, Local 1004 -- 100 Series Consider adopting an ordinance approving the memorandum of understanding between Salt Lake City Corporation and the American �Q/ Federation of State, County and Municipal Employees, Local 1004, T a, representing the 100 series City employees. \ 'R, 0 90730) \ Wt \ 4e Staff recommendation: Adopt. tU71-1/- 1,±i /\ 1c ;410 Resolution Re: Interlocal Agreement / School Board \k \� Consider adopting a resolution authorizing the execution of an 1'1), ______ Interlocal Cooperation Agreement between Salt Lake City and the � 4Q Salt Lake City School Boar Re: Steiner Aquatic Center. Staff recommendation: Adopt. Olititr,- 7. Ordinance: Adopting fee schedule for Steiner Aquatic Center Set date to hold a hearing on July 17 at 6:30 p.m. to receive public comment and consider an ordinance adopting a fee schedul for Steiner Aquatic Center. Staff recommendation: Set date. G. PUBLIC HEARINGS: ';.,, 6:30 p.m. 1. Alley Vacation Petition # 400-793-90 / Wilson to Downington Hold a non-advertised hearing to receive public comment and consider adopting an ordinance vacating a portion of an alley between Wilson Avenue and Downington Avenue, 125 feet east of 900 East, pursuant to Petition No. 400-793-90. (P 90-184) \\\\ Staff recommendation: Close hearing and adopt . 6:40 p.m. 2. City Landmark Site Hold a hearing to receive public comment and consider adopting an ordinance adding the Anthony H. Godbe House at 943 East South Temple as a City landmark site. (L 90-1) Staff recommendation: Close hearing and adopt. H. ADJOURNMENT. ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA. DATED: July 6, 1990 / 7 L,71/7 BY: ( .f ?'J ti .� �� CIT� RECORDER r: STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 6th day of July, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street, Salt Lake City, Utah: 1. At 5: 00 p.m. in the City Recorder's Office, Room 415; and 2. At 5: 00 p. m. in the Newsroom, Room 343. il 2 CITY RE ORDER Subscribed/and sworn to before me this 6th day of July, 1990. / ` ._. Notary Pub s ding in the State of Utah ., Now Pubt�c -1 My Commission Expires•`"r �:" c'HT My Commiss"fon s 84411025 1 - ,,zata o/Utah • APPROVAL: EX CUT VE DIREC R 1 PALM ER DEPAU LIS Sip 0%aT�Yrk n D e I1�V. f MAYOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 535-7704 June 22, 1990 Cindy Gust-Jenson, Executive Director Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, Utah 84111 Dear Cindy: As you know, on July 1, 1990 the Internal Audit Division of the Finance Department will become the Office of Internal Audit. This new City function is to receive assignments and direction from an Internal Audit Committee which will be comprised of four members, throe of which will be members from the executive branch and one from the legislative branch of City government. I hereby request that the City Council appoint a member of the Council or staff to serve on the Internal Audit Committee. Committee meetings will take place approximately once each month. Attached are drafts of City policies regarding responsibilities of the Internal Audit Committee and the Office of Internal Audit. Please inform me of the individual to serve on the committee. Should you have any questions in this matter please contact me. Sincerely, `�Yt Gr, Palmer A. DePaulis Mayor PAD/GM/Or F= enclosure JUN 2 71990 cc: Gary Mumford File SALT LAKE CITY COUNCIL @y LEROY W. HOOTON,JR. DIRECTOR //�� WENDELL E. EENDENT , P.E. SA ' Q�����+�r a �j BONE SUPERINTENDENT ��� gall WATER SUPPLY&WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT - Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMATION Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE& 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER RECE►LI>-r May 21, 1990 MAY 2 1990 Palmer DePaulis Mayor of Salt Lake City 451 South State Street Salt Lake City, Utah 84111 Dear Mayor DePaulis: The Utah Safe Drinking Water Committee has awarded the Salt Lake City water system its Operation and Maintenance Achievement Award for population of 10, 000 and greater in the surface treatment category. They have requested time on the City Council agenda to make this presentation to the City. Sincerely, et IA) LEROY W. HOOTON, R. Director LWH:dt Qs A PROCLAMATION OF THE CITY COUNCIL AND MAYOR OF SALT LAKE CITY, UTAH WHEREAS, the National Association of Town Watch is sponsoring the 7th Annual edition of a special, coast-to-coast community crime prevention event on August 7th, 1990 called "National Night Out" - America's Night Out Against Crime; and WHEREAS, the neighborhoods and community councils play an essential role assisting the Salt Lake City Police Department through cooperative crime prevention efforts in Salt Lake City, and are supporting the "National Night Out" locally; and WHEREAS, it is important that all citizens in Salt Lake City be aware of the importance - of crime prevention programs and the positive impact that their participation can have on reducing crime and drug abuse in our neighborhoods; and WHEREAS, "National Night Out" provides an opportunity for Salt Lake City to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHEREAS, neighborhood awareness, spirit and cooperation are important themes of the "National Night Out" project and key components in helping the Salt Lake City Police Department to fight crime and drug abuse. NOW, THEREFORE BE IT RESOLVED by the Salt Lake City Council and Mayor that we hereby call upon all of the citizens of Salt Lake City to join with the neighborhoods and community councils, in conjunction with the Crime Prevention Program and the National Association of Town Watch in supporting and participating in the 7th Annual "National Night Out" on August 7, 1990. FURTHER, BE IT RESOLVED that the Salt Lake City Council and Mayor hereby proclaim Tuesday, August 7, 1990 as "National Night Out" in Salt Lake City, Utah. Dated this 10th day of July, 1990. Palmer A. DePaulis, Mayor Alan G. Hardman, Council Chair Ronald J. Whitehead L. Wayne Horrocks � Nancy K. Pace Tom Godfrey -- ---_—_ Roselyn N. Kirk Don C. Hale .tl. ,,� :. ,_ PALMER DEPAULIS "',�M M %RV gl NPI j MAYOR ;,. OFFICE OF THE MAYOR, CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 May 29, 1990 Alan Hardman , Chairperson and Members of the Salt Lake City Council 451 South State Street , Room 304 Salt Lake City , Utah 84111 Dear Alan : I am transmitting herewith recommendations for board appointments which I would appreciate the Council ' s advice and consent upon . Under the newly amended ordinance 2. 04. 055A, I feel the following nominations meet the criteria of , and warrant a longer period of service to , "prevent a significant disruption of, or prejudice to the body for which the appointment is sought . " AIRPORT AUTHORITY Mr . Eddie Mayne be reappointed to a third term extending through January 1994 When the Airport Authority Board was established in 1976 , it was determined that at least one member of the board should be a representative of organized labor . Having a labor representative on the board is extremely important as it relates to issues of balance of board members and as it relates to Airport construction issues . If Salt Lake City wants to maintain this policy , and I recommend we do , Mr . Mayne as the President of the AFL/CIO for the State of Utah is the most appropriate person and the most knowledgeable person to fill this role . During Mr . Mayne ' s years of service his attendance record has consistently exceeded 80% and his contributions have been extremely valuable . His loss would prejudice this body on matters relating to labor , and would force an appointment of a individual who does not hold the office of president of the state-wide union or the prestige of Mr . Mayne. CENTRAL BUSINESS IMPROVEMENT DISTRICT Mr. Fred S . Ball be reappointed to a third term extending through January 1994 The Central Business Improvement District Advisory Board ordinance specifically states that one member of this board must be appointed from the City Chamber of Commerce. Mr . Ball , as Director of the Board , has represented his organization in this capacity . If we want to maintain this policy and , again , I recommend we do , Mr . Ball as the Director of the Salt Lake City Chamber of Commerce is the most appropriate and experienced person to do so . In his unique position he has the most knowledge of Chamber operations and has immediate access to the business community . During Mr . Ball ' s years of service his attendance record has been outstanding and his contributions invaluable . HISTORIC LANDMARKS COMMITTEE Mr . Michael Stransky be reappointed to a third term extending through July 14, 1991 Mr . M. Louis Ulrich be reappointed to a third term extending through July 14, 1991 Mr . Peter duPont Emerson be reappointed to a third term extending through July 14, 1991 The Salt Lake City Historical Landmark committee is a unique committee in that it not only requires representation of the historical interests of the City , but also requires certain expertise and professionalism to enable the committee to function efficiently and effectively . This committee has an Architectural Subcommittee which works with applicants and residents in reviewing and resolving design and architectural issues . Because of the time commitment necessary , it is difficult to find design professionals who are willing to give of their time due to their busy schedules and their regular employment . The Historical Landmark Committee Ordinance requires an AIA representative serve on the committee. The Utah Chapter of the AIA has requested Mr . Stransky be reappointed to represent this interest. Mr . Stansky ' s attendance and participation on both the Committee and Architectural Subcommittee have been outstanding . During the time Mr . Louis Ulrich and Mr . Peter duPont Emerson have served on the Committee and the Architectural Subcommittee their attendance record and participation have been excellent and their contributions extremely valuable . MOSQUITO ABATEMENT DISTRICT Mr . Lynn M. Thatcher be reappointed to a fifth term* extending through December 31 , 1990 Due to the nature of this board and the issues they deal with it is very difficult to find interested and knowlegeable residents . Lynne has eight years of experience and a knowledge of the technical and environmental issues of this board . He is also involved with the Special District Task Force created by the State Legislature to insure that Mosquito Abatement Legislation remains in tact. During Mr . Thatcher ' s years of service his attendance record has been outstanding and his contributions invaluable . *Mosquito Abatement District terms are two-year terms . I would appreciate your consideration of these appointments and ask that they be placed on the Council ' s agenda at the earliest opportunity . Since ely , difAx,c/ 14 /i17e.: Mayor PD/RBC : jf Enc . cc : John Wheat Jill Remington Bill Schwab Sammie Dickson sir S PALMER DEPAULIS •••_` 1 a�it�. . 10 I MAYOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 March 8 , 1990 Alan Hardman , Chairperson , and Members of the Salt Lake City Council 451 South State Street , Room 304 Salt Lake City , Utah 84111 Dear Alan : Attached is a proposed change to the City ' s Recreation Advisory Board ordinance . I am recommending we increase the number of voting members from seven to nine . At this time there are seven voting members on the board , each of which reside in one of the City Council districts . The proposed change will not effect geographic representation but will allow for two additional citizens to serve on this board . It is my intent that the two additional board members represent the new interest of the Steiner Aquatics Center . Rather than creating a new board to solely advise on the Steiner Aquatic Center I believe it would be more prudent to expand our current recreation board . Along with this proposed ordinance change I am transmitting two recommendations for the new appointments . These two citizens are affiliated with the Aquatics Center and I feel will represent their interests well . Sincerely , xlykkA,J jj,< -1&(1-4Ad Mayor PD/ RBC : jf Enc . AW r_µ SALT LAKE CITY ORDINANCE No. of 1989 (Salt Lake City Recreation Advisory Board) AN ORDINANCE AMENDING SECTION 2 . 37 .030 OF THE SALT LAKE CITY CODE, RELATING TO THE SALT LAKE CITY RECREATION ADVISORY BOARD. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 2 . 37 .030 of the Salt Lake City Code, relating to the Salt Lake City Recreation Advisory Board, be, and hereby is amended to read as follows : 2. 37.030 Board created. There is created the Salt Lake City recreation advisory board, hereinafter referred to as "board, " which body shall consist of {acvcn] nine appointed voting members . The parks director, the city attorney, the city engineer and one member of the Salt Lake City golf advisory board (designated by said golf advisory board) , shall be ex officio nonvoting members . SECTION 2 . This Ordinance shall take effect on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 19 CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST CITY RECORDER RLM:cc -2- PALMER DEPAULIS —.�r�'\��'_ 1a2 city t D/e11,V j MAX G. PETERSON, P.E MAYOR �yj 11 CITY ENGINEER DEPARTMENT OF PUBLIC WORKS City Engineering Division 444 SOUTH STATE STREET SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7961 TO : SALT LAKE CITY COUNCIL DATE : JUNE 7 , 1990 REFERENCE: Inter local agreement between Utah Department of Transportation , Union Pacific Railroad Co . and Salt Lake City Corporation to relocate existing flashing light signals at 2240 West 500 South . RECOMMENDATION; That the Salt Lake City Council authorize Mayor Palmer DePaulis to sign the attached inter local agreement in behalf of Salt Lake City Corporation . AVAILABILITY OF FUNDS; Funds are available in the 4th/ 5th South Project , Account #83-90005- 2700 . DISCUSSION Under the terms of this agreement existing flashing light signals with gates will be relocated and prefabricated concrete surfacing materials will be installed between rails to accommodate the widening of 500 South. Union Pacific Railroad shall furnish all materials and will relocate signals and all other necessary work to complete this project for an estimated cost of $99 , 138 . 00 . In addition the City shall pay UDOT $800 . 00 for administrative and engineering costs for preparation of this agreement , processing it for execution and making Public Notice . The total cost to Salt Lake City Corporation will be $99 , 938 . 00 SUBMITTED BY : JOSEPH R. ANDERSON , PUBLIC WORKS DIRECTOR o JRS : JH : po J!� RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND UTAH DEPARTMENT OF TRANSPORTATION WHEREAS, Title 11, Chapter 13, Utah Code Ann. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows: An agreement to relocate existing flashing light signals with gates and installation of prefabricated concrete surfacing materials between rails to accommodate widening 500 South at 2240 West. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM:rc " '' AGREEMENT PROJECT NUMBER: City Account No. 38-758-2; Salt Lake County UDOT Authority No. 6362 PROJECT NAME: 4th/5th South Connector Widening RR Crossing at 2240 West at 500 South UNION PACIFIC RAILROAD COMPANY, SALT LAKE CITY, and UDOT • FOR: Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Concrete Surfacing Materials Between Rails to Accommodate Widening of City Street CITY COPY 2240 West at 500 South; Salt Lake City City Account No. 38-758-2 Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Conc. Surfacing Materials • Between Rails to Accommodate Widening of City Street. Agreement with UNION PACIFIC RAILROAD COMPANY UDOT Authority No . 6362 WP-834 AGREEMENT THIS AGREEMENT, made and entered into this day of , 1990, by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "UDOT" , SALT LAKE CITY CORPORATION, a Municipal Corporation in the State of Utah, hereinafter referred to as the CityTM , and the UNION PACIFIC RAILROAD COMPANY, a Corporation of the State of Utah, hereinafter referred to as the "Railroad" , WITNESSETH: WHEREAS, the City has completed plans, specifications and estimates , will advertise for bids and will award a contract for widening and resurfacing 500 South Street in the vicinity of 2240 West in Salt Lake County, Utah; and WHEREAS, by Agreement dated April 4 , 1985 , between the UDOT and the Railroad, UDOT's Project No . RRP-0035 ( 53 ) , automatic flashing light signals with gates were installed by the Railroad at 2240 West and 500 South Street , said agreement being identified as ADDENDUM No . 34 to a blanket agreement covering grade crossing improvements; and WHEREAS , said widening will require relocation of the signals with gates , the signal controller house, installation of prefabricated concrete surfacing materials between rails , removal of existing timber planking, relocation of communication line facilities and installation of auxiliary signal as indicated on the drawings marked "Exhibit A" attached hereto and thereby made a part hereof; and WHEREAS , the Railroad is willing to perform the work described in this Agreement with the provision that the City shall reimburse them for their actual costs incurred; and WHEREAS, the UDOT does approve of said widening and will prepare and process this Agreement with the understanding that the City shall reimburse them for their costs as hereinbelow described in this Agreement. • 1 2240 West at 500 South; Salt Lake City City Account No. 38-758-2 Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Conc. Surfacing Materials Between Rails to Accommodate Widening of City Street. Agreement with UNION PACIFIC RAILROAD COMPANY UDOT Authority No . 6362 WP-834 THIS AGREEMENT is made to set out the terms and conditions whereunder said work shall be performed. NOW THEREFORE, it is agreed by and between the parties hereto as follows : 1 . The Railroad will upon receiving written authorization from the City, relocate said signals to a location in conformance with criteria set forth in Part VIII of the "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" . 2 . The Railroad will notify City' s Project Engineer assigned to this project at least twenty-four ( 24 ) hours in advance of performing any work covered by this Agreement. The Railroad shall furnish all materials and shall relocate said signals , wire up equipment, bond the track rails , install concrete surfacing and all necessary work to complete this project at an estimated cost of $99 , 138 . 00 . Cost of the work to be performed by the Railroad is detailed as follows : ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD COMPANY FOR SALT LAKE CITY CORPORATION Description of Work: Relocate Automatic Flashing Light Crossing Signals with Gates and Install 210 Ft. Concrete Crossing including Rail , Ties , and Ballast at 5th South Street, M.P. 779 . 90, DOT 806736U Location: Salt lake City Service Unit: 23 State: Utah Date: 3/26/80 2 2240 West at 500 South; Salt Lake City City Account No. 38-758-2 Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Conc. Surfacing Materials Between Rails to Accommodate Widening of City Street. Agreement with UNION PACIFIC RAILROAD COMPANY UDOT Authority No . 6362 WP-834 COST ESTIMATE (Cont'd Description Labor Material Total Highway Crossing Signals Engineering $ 3,000 Install Signals ( 34004 ) 10,287 $ 4, 751 Remove Xing Signs ( 82007 ) 0 Labor Additives 8,708 WSE 238 Contingencies 2,200 499 Equipment Rental 800 Personal Expenses 2,800 TOTAL $26,995 $ 6,288 $33,283 ROAD CROSSING Ties 9 Ft. ( 10005 ) 0 EA 0 0 Ties 10 Ft ( ( 10005 ) 136 EA 1,496 3 ,400 Rail and OTN 0 TF 280 280 Ballast ( 19003 ) 300 TN 1, 320 1 , 284 Filter Fabric ( 20005 ) 270 TF 540 527 Drain Pipe ( 20005 ) 540 LF 1, 080 1 , 809 Timber Crossing ( 20005 ) 0 TF 0 0 Concrete Crossing 210 TF 8,400 26 , 250 Labor Add. 65 . 54% 8,596 MSE 5% 1 , 678 Contingencies 10% 2 , 171 3,523 TOTAL $23,883 $38,751 $62,634 REMOVAL Remove Crossings 1,946 Labor Add. 65 . 54% 1 , 275 TOTAL $ 3,221 $ 3,221 TOTAL PROJECT $54,099 $45,039 $99, 138 3 2240 West at 500 South; Salt Lake City City Account No . 38-758-2 Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Conc . Surfacing Materials Between Rails to Accommodate Widening of City Street. Agreement with UNION PACIFIC RAILROAD COMPANY UDOT Authority No . 6362 WP-834 Salvage Nonusable Material: None TOTAL ESTIMATED COST OF PROJECT LESS CREDITS $99,138 NOTE: THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR AMOUNT OF MATERIAL OR LABOR REQUIRED, THE CITY WILL BE BILLED FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT RATES EFFECTIVE THEREOF. 4 . The City shall, upon rendition of bills therefore by the Railroad pay to and reimburse the Railroad for one hundred percent ( 100% ) of the entire amount of all expenses reasonably incurred by the Railroad in connection with materials and relocation costs . Billing by the Railroad shall be at the rates which are in effect during the construction period of this project . Said itemized bills covering said work shall be submitted by the Railroad within one hundred twenty ( 120 ) days following completion of the work to: Salt Lake City Corporation, 444 South State Street, Salt Lake City, Utah 84111 , Attention: Department of Public Works , City Engineering Division. Failure on the part of the Railroad to submit said billings within two years following completion of the work will result in City's disallowance of payment. The City will reimburse the Railroad for all expenses incurred by Railroad for preliminary engineering mutually agreed to by the parties hereto, which is related to the work herein described. Should Railroad's actual costs incurred exceed the estimated amount contained herein, then the Railroad will be required to submit a letter of explanation with their billing indicating why and how said overrun in costs occurred. 5 . The City through its Project Engineer, will keep records of the work performed by the Railroad. 6 . The City shall have the right to audit all cost records and accounts of the Railroad pertaining to this project. Should the audit disclose that the Railroad has been underpaid, they will be reimbursed by the City upon submission of additional billing to cover the underpayment. Should the audit disclose that the Railroad has been overpaid, they will reimburse the City 4 2240 West at 500 South; Salt Lake City City Account No. 38-758-2 Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Conc . Surfacing Materials Between Rails to Accommodate Widening of City Street. Agreement with UNION PACIFIC RAILROAD COMPANY UDOT Authority No. 6362 WP-834 6 . (Cont 'd) for the amount of overpayment . For purpose of audit the Railroad shall be required to keep and maintain its records for the work covered herein for a minimum of three ( 3 ) years after final payment is received by the Railroad from the City. 7 . Upon completion of relocating said flashing light signals and appurtenant work, the Railroad at its sole expense, shall thereafter operate, maintain, repair and keep same in proper working condition except as hereinafter provided in Paragraph 10 . If , for public or Railroad's convenience the rearrangement of the warning signals is necessitated on account of improvements for either Railroad or highway, or both, and before rearrangement of said warning signal is undertaken, the expense incidental thereto shall be determined by negotiation, agreement or by competent authority. 8 . On the completion of said widening work, the City at the sole cost and expense of the City shall maintain and renew or cause to be maintained and renewed the approaches to said grade crossing, provided also that the Railroad shall , at the sole cost and expense of the Railroad maintain the grade crossing area between the rails and for a distance of two feet outside of the rails . 9 . If , hereafter, by agreement, negotiation, or by order of competent authority the flashing light signals are rendered unnecessary, undesirable or improper by closing of said crossing, by relocation, by separation of grades, or by developments or improvement in crossing protection or otherwise, such crossing protection devices shall be removed and reinstalled by the Railroad at locations mutually agreed upon by the parties hereto. Such relocation shall be the subject of renegotiation at a later time by the parties hereto. 10 . If said signals and appurtenances relocated under this Agreement are damaged, and if after a diligent effort by the Railroad, documented in writing, the item for damages proves uncollectible from the person or persons responsible for such 5 2240 West at 500 South; Salt Lake City City Account No. 38-758-2 Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Conc . Surfacing Materials Between Rails to Accommodate Widening of City Street . Agreement with UNION PACIFIC RAILROAD COMPANY UDOT Authority No. 6362 WP-834 10 . (Cont'd) damage, or in the event the Railroad, City, and the UDOT agree that said warning device because of age, cannot be maintained or by virtue of their obsolescence require replacement, then in either event the apportionment of the cost to repair or replace the warning device shall be negotiated by the parties hereto. The UDOT and the City will not assume any liability for further damage or participate in any flagging or other costs on account of the warning device being inoperative due to damage or replacement. If the damage to said warning device is caused by highway traffic, the City will cooperate with the Railroad in determining the location and the identification of the parties responsible for such damage to the extent of making accident records available to the Railroad. 11 . When working within areas of the Railroad's train operations , City's contractor shall be required to provide the Railroad with insurance policies and certificates in the following kind and amount: a . Workman' s Compensation in statutory limits . b . Contractor ' s Comprehensive General Liability insurance in the minimum limits of $1 ,000 ,000 for injury to or death of any one person or $2 , 000 ,000 for injury to or death of more than one person in any one accident, and $1 ,000 , 000 for damage to property in any one accident . c . Railroad's Protective Liability insurance naming in one Policy UNION PACIFIC RAILROAD COMPANY as the party insured. Providing: "Coverage for bodily injury, death and property damage related to a combined single limit of $2 million per occurrence for an aggregate of $6 million for the term of policy with respect to property damage" . Insurance policies shall be written in the name of the UNION PACIFIC RAILROAD COMPANY and shall cover the following work: highway construction near Railroad operations on main line tracks . 6 2240 West at 500 South; Salt Lake City City Account No. 38-758-2 Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Conc . Surfacing Materials Between Rails to Accommodate Widening of City Street. Agreement with UNION PACIFIC RAILROAD COMPANY UDOT Authority No. 6362 WP-834 d . The terms "person" or "persons" as herein used shall include employees of the Railroad, as well as other persons , and the term "property" as herein used shall include, as well as other property, property owned by and property in the care, custody or control of the Railroad. e . The insurance hereinbefore specified shall be carried by the Contractor covering all work performed on said project within the limits of the operations of the Railroad. Said insurance shall be carried until all work required under the terms of the contract is satisfactorily completed, as evidenced by formal acceptance by the City. 12 . The Railroad and the City each hereby assume all responsibility for the construction and maintenance work they have agreed to perform and each hereby covenants and agrees that they shall save each other harmless from all damages and claims for damages growing out of their failure to perform the portion of the work or to maintain the warning devices or surface improvements for which they have assumed responsibility herein. If at any time the City shall elect to change the grade of the roadway at the location of the railroad crossing, any costs for altering the elevation of the railroad crossing shall be paid for by the City at no cost to the Railroad. If at any time the Railroad shall elect to raise or lower the grade of all or any part of the track or tracks located on said crossing area, changes in the street profile and approaches so as to conform with the change of grade elected by the Railroad shall be paid for by the Railroad at no cost to the City. 13 . Upon execution of this Agreement the City shall reimburse the UDOT a lump sum amount of Eight Hundred Dollars ( $800 . 00 ) to cover UDOT's administrative and engineering costs for preparation of this Agreement, processing for execution, making Public Notice and any other costs that may be incurred in 7 2240 West at 500 South; Salt Lake City City Account No. 38-758-2 Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Conc . Surfacing Materials Between Rails to Accommodate Widening of City Street . Agreement with UNION PACIFIC RAILROAD COMPANY UDOT Authority No. 6362 WP-834 13 . (Cont'd) completing execution of this Agreement. Said payment shall be delivered to the UDOT's Comptroller' s Office located at the UDOT/DPS Complex, 4501 South 2700 West, Salt Lake City, Utah 84119 . 14 . By "Notice of Intended Action" signed by its Director, the UDOT shall publish notice of the construction covered by this Agreement in a newspaper of general circulation with the provisions that written protests may be filed with the UDOT within fifteen ( 15 ) days from the date of the last publication of the notice referred to. Said Notice shall identify the project and briefly describe the proposed action by the City. The determination of whether a hearing shall be granted, if requested by a person, firm or corporation, shall be made if it is clear that such person, firm or corporation has a substantial interest and the proposed action may adversely affect said person, firm or corporation and provided further that a reasonable resolution of the problem cannot be arrived at with the UDOT. In any event, such request shall be in writing, shall detail how the proposed Agreement adversely affects the applicant for hearing and shall be granted only upon showing of good cause therefor to the "Transportation Commission" . If a hearing is granted, it shall be held before the Public Service Commission of Utah and the parties hereto shall cooperate in presenting all matters involved to said Public Service Commission should a hearing be called regarding the construction proposed by this Agreement . 15 . It is understood and agreed on the part of the parties hereto that, in accordance with governing Federal regulations , no benefit will accrue to the Railroad. 16 . All the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns . 8 2240 West at 500 South; Salt Lake City City Account No. 38-758-2 Relocate Existing Flashing Light Signals with Gates and Installation of Prefabricated Conc. Surfacing Materials Between Rails to Accommodate Widening of City Street. Agreement with UNION PACIFIC RAILROAD COMPANY UDOT Authority No . 6362 WP-834 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by its duly authorized officers as of the day and year first above written. ATTEST: SALT LAKE CITY CORPORATION, A Municipal Corporation in the State of Utah By Title Title ( IMPRESS SEAL) ********************************* ********************************* ATTEST: UNION PACIFIC RAILROAD COMPANY By Title Title ( IMPRESS SEAL) ********************************* ********************************* ATTEST: UTAH DEPARTMENT OF TRANSPORTATION By Secretary Engineer for Preconstruction RECOMMENDED FOR APPROVAL: APPROVED: Engineering Coordinator Director of Finance APPROVED AS TO FORM: R. PAUL VAN DAM, ATTORNEY GENERAL By: Title: Assistant Attorney General 9 SHEET I OF Z i i cr.": 0.,___i. i I I �\ 1 R y i I i - i h l I I i / I I{l ' I + i ._ I rI i i •i : -..,-,.- 0055.) 11 © m V- - — — _ — 07 Temae , � \ \\:. _y.a- 4.—t--4 I L ,444 4 \ 2 \ 144 + c .....\\N... \ To j 1 7. SPUN •—� '/' . P " i I z I 1 .vE51EWN P r':? .' _ . d TH ; SOUTH '.,� 1060 / 74 ' 5 TH et -,• SOUTH '- , �-{ Op0 - -f` rr , RAIL P �: J aAl LROAD M.P.779.9 (lo€i)I . "AR NO. 806-736U Oi.. • I. , PACE f IC \\---- I 101rSI ditIP--- V� 0t * ; I (I. GENERAL HIGHWAY MAP .SALT LAKE - DAVIS COUNTIES UTAH SCALE o•G ► MILE I I____1 r I ram; 1 — 1988 A ESe'2Aa..rp I. 6 SHEET 2 OF 2 50c .OUTH. STREET STD 4 71r ; 6ONSTLRUGT 30' GRAVEL !R'VEWAY. � Y - DIRT DRIVE j b - I - RELOCATTE L` SIGNAL WITH GATE--- T �+ �! DR-lLL HOLE 2 - — — - —— _ —�/L _A �` CUaB Gi1T? R 0 SC 145 TAL_c^� _.Y Tom(— I E{ISTING SIGNAL WIT' GF.rt �� \ FUTUFL NA = _ _ TO �_ _ Htt:H:TI: . 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Frose.re. 7'., a E a ie B Weis e Thomas Kc, ^! G' 't L June 8, 1990 Mr. Alan Hardman, Chairman and the Salt Lake City Council Salt Lake City Council Office 324 South State, Third Floor Salt Lake City, Utah 84111 Dear Chairman Hardman and Council Members: Subject: An interlocal agreement between Salt Lake City and the United States Government/Federal Aviation Administration to reimburse the FAA for inspection services at the Airport. Fiscal Impact: The estimated reimbursable costs of the FAA' s services are $52,600 for engineering and $6,312 for overhead for total estimated costs of $58,912. Costs, if any, above this amount are to be negotiated. Discussion: The Airport Authority has contracted to install a Category III B Instrument Landing System (ILS) on Runway 16R and to remove portions of the existing Category I ILS on that same runway. Following installation, the ILS will be turned over to the FAA for maintenance. The project itself is 90% federally funded. Under this reimbursable agreement the Airport Authority agrees to reimburse the FAA up to $58,912 for services including as-built drawings, review and approval of plans and specifications, monitoring of construction work, and technical overview. Recommendation: May I therefore request Council approval for subsequent mayoral signature. Respectful);}* submitted, Lois E. Miller .i Enclosures RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION WHEREAS, Title 11, Chapter 13, Utah Code Ann. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows: For installation maintenance and funding of Category IIIB Instrument Landing System ( ILS) on Runway 16R and removal of portions of existing Category ILS System on Runway 16L, at the City' s International Airport. 2 . Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER RLM:rc , DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NORTHWEST MOUNTAIN REGION 17900 PACIFIC HIGHWAY SOUTH, C-68966 SEATTLE, WASHINCTON 98168 AGREEMENT NO. NMR-19190D SALT LAKE CITY, UTAH ILS RUNWAY 16R REIMBURSABLE AGREEMENT between SALT LAKE CITY CORPORTION and THE UNITED STATES OF AMERICA WHEREAS, the Federal Aviation Administration, hereinafter referred to as the FAA, is in a position to furnish directly services which the Salt lake City Corporation, Salt Lake City, Utah, herein after referred to as the Sponsor, who as the owner/operator of the Salt Lake City Airport, requires, has funds available for and has determined should be obtained from the FAA on a reimbursable basis: and WHEREAS, the Sponsor desires to add improvements to the Salt Lake City (SLC) Airport, the FAA will coordinate the installation of a Category IIIB instrument landing system (ILS) on runway 16R and the removal of portions of the existing Category I ILS system on runway 16R; and WHEREAS, Section 302(k) of the Federal Aviation Act of 1958, as amended, authorizes the furnishing of supplies, equipment, and services to a local agency by the FAA on a reimbursable basis; and WHEREAS, the Sponsor will reimburse the FAA for all costs incurred by the FAA in this ILS project. NOW, THEREFORE, in consideration of the premises, covenants, and agreements contained herein, the FAA and the Sponsor mutually agree as follows: ARTICLE I - Title and Description of Project The project shall be titled "Category III ILS installation Salt Lake City Airport". This project shall include site preparation and construction at the new location, and provide an access road and parking/turnaround area. Page 2, AGREEMENT NO. NMR-19190D ARTICLE II - FAA Provided Reimbursable Services The FAA shall furnish, for the project identified in Article I , the following: A. Services 1 . Provide complete "as-built" drawings of existing installations and any standard drawings or information as requested. 2. Provide current requirements for the facilities, including the following: a. Order 6850.2A with Change 1 , 2 and 3, Visual Guidance Lighting Systems. b. FAA-STD-019a, Lighting Protection, Grounding, Bonding, and Shielding Requirements for Equipment. c. FAA-STD-020a, Transient Protection, Grounding, Bonding, and Shielding requirements, for Equipment. 3. Review and approval of plans and specifications prepared by the Airport. 4. Provide a construction representative to periodically monitor the construction work. 5. Conduct final inspection of construction work and provide a listing of defective work that will need to be corrected by the Airport prior to final acceptance by the FAA. 6. Provide a Technical Onsite Representaive (TOR) during installation of the category III ILS (LEECH, GESTE, AIM, MM, FFM, DME) on runway 16R and review design packages provided by the Salt Lake City Airport and their contractor. The FAA will provide a TOR during electronics installation, tune-up and flight checks. 7. The FAA's involvement with removal of the Category I ILS on runway 16R will be to remove the GESTE antennas, LEECH antennas, GESTE monitor antenna, MM antenna and removal of any sensitive electronic equipment from GESTE and LEECH shelters . The Salt Lake City Airport contractor will remove the remaining towers and equipment as explained in Article III, paragraph F, page 3 of this agreement. 8. FAA will provide the final commissioning flight check aircraft at no cost. Page 3, AGREEMENT NO. NMR-19190D B. Estimated reimbursable costs of FAA services: 1 . Engineering $52,600 2. Overhead (12%) 6,312 Total estimated costs $58,912 ARTICLE III - Sponsor Provided Services A. Perform all engineering, construction and equipment installation work including all operational tests to ensure completed facilities meet all FAA standards of installation and performance. B. Provide any and all documentation required for the facilities. C . Determine the power source and accomplish all work for new service, as required. D. Furnish legal descriptions for the facilities. E. Furnish "as-built" drawings when construction is complete. F. Remove the remaining towers and equipment shelters not covered in paragraph (with equipment inside) insuring proper securing of equipment for transport to an FAA designated site. ARTICLE IV - Reimbursable and Accounting Arrangement A. It is understood and agreed the total costs set forth in Article II B. hereof ($58,912) are only estimated costs for the items of expense shown, and the Sponsor shall reimburse the FAA for actual costs, including 12% overhead costs. Actual costs in excess of $58,912 will be negotiated. B. The Sponsor shall reimburse the FAA, upon receipt of an invoice(s) , for the project costs incurred under Article II . Upon revocation or termination of this agreement, for any costs incurred, and all necessary liquidating expenses, including twelve percent (12%) for administrative overhead of the actual costs incurred. Payment for billings to the FAA is due within 30 days of receipt of invoice. C. The FAA (AWP-22) shall submit written invoices to the Sponsor, in arrears, setting forth the costs (submitted by the originating division ANM-400 to AWP-22) incurred by the FAA for providing the services under this agreement. All invoices, billings, and other notification to the Sponsor shall be submitted by FAA to: Mr. Louis Miller Director Of Airports Salt lake City Airport Authority AMF Box 22084 Salt Lake City, Utah 84122 Page 4, AGREEMENT NO. NMR-19190D All payments to the FAA shall be mailed to (payments shall be made payable to the Federal Aviation Administration) : Federal Aviation Administration, AWP-22 NMR-187901 , ILS System, SLC Airport Box 92007, WPC Los Angeles, California 90009 All other correspondence by the Sponsor to the FAA shall be mailed to : Federal Aviation Administration 17900 Pacific Highway South, ANM-56 C-68966 Seattle, Washington 98168 ARTICLE V - Funds The Sponsor representative whose signature appears on this document certifies that funds are available for reimbursement to the FAA for services to be provided under this agreement. ARTICLE VI - AMENDMENT Any amendment, modification or change to this agreement shall be formalized by an appropriate written amendment. Such amendment to be duly executed by the authorized representative of both parties to this agreement. ARTICLE VII - INDEMNIFICATION With regard to any liability which may arise from the services provided under this Agreement, each party expressly agrees that it shall be solely and exclusively liable for the negligence of its own agents, servants, and/or employees, in accordance with applicable law, and that neither party looks to the other to save or hold it harmless for the consequences of any negligence on the part of its own agents, servants, and/or employees. ARTICLE VIII - EFFECTIVE DATE AND TERM This agreement supercedes any previous agreement between the parties on the subject matter and will become effective on the last date an authorized representative executes this document. This agreement shall remain in effect until project completion unless terminated earlier as provided for by ARTICLE IX. ARTICLE IX - TERMINATION This agreement may be terminated at any time by the FAA by providing no less that sixty (60) days written notice to the Sponsor. Page 5, AGREEMENT NO. NMR-19190D IN WITNESS WHEREOF, the parties hereto agree to the provisions of this agreement as 'ndicated by the signatures of their duly authorized representatives. DEPARTMENT OF TRANSPORTATION SALT LAKE CITY CORPORATION FEDERAL AVIATION ADMINISTRATION SALT LAKE CITY, UTAH BY: BY: TITLE: CONTRACTING OFFICER TITLE: DATE: DATE: ATTEST: BY: TITLE: DATE: r -, � F � 3 i',+ir;ct ASi? PALMER A. DE?ALLI S, Mayor Curtis ck, rlcnc . ,:r. kr, Don A. Mackeya ;Eddie "'. M a,.nc LOUIS E. MILLER Joseph Rosenbla: ,A Elaine 6, Weis Thomas K.Welch (-t Oirector of AirnorS.s June 8, 1990 Mr. Alan Hardman, Chairman and the Salt Lake City Council Salt Lake City Council Office 324 South State, Third Floor Salt Lake City, Utah 84111 Dear Chairman Hardman and Council Members: Subject: Interlocal Agreement for the use of the Firing Range at Salt Lake City International Airport between Salt Lake City Corporation and the Utah Highway Patrol . Fiscal Impact: None. Discussion: City will allow the Utah Highway Patrol to use the Airport firing range in accordance with Airport Authority rules and regulations for such use, for a period of three (3) years. In consideration for such use, the Utah Highway Patrol agrees to indemnify City against any and all losses, damages, claims, liabilities, and causes of action of every kind or character, as well as costs, including attorney's fees, connected therewith and the expenses of investigation thereof, based upon or arising out of their police or other certified personnel ' s use of the firing range. Recommendation: It is respectfully requested that you approve an interlocal agreement for use of the firing range by the Utah Highway Patrol personnel . Respectf ply submitted, //-6-46-7 uis E. Miller Enclosures RESOLUTION NO. OF 1990 AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND UTAH DEPARTMENT OF TRANSPORTATION WHEREAS, Title 11, Chapter 13, Utah Code Ann. , 1953, as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes ; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby approve the attached agreement generally described as follows: Allowing the Utah Highway Patrol to use the firing range at the City' s International Airport. 2 . Palmer A. DePaulis , Mayor of Salt Lake City, Utah, is hereby authorized to execute said agreement on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City, Utah, this day of , 1990. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CITY RECORDER INTERLOCAL AGREEMENT FOR USE OF FIRING RANGE AT SALT LAKE CITY INTERNATIONAL AIRPORT THIS AGREEMENT is made and entered into as of 1990, by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, hereinafter "City," and State of Utah, Utah Highway Patrol, hereinafter "Permittee". WITNESSETH WHEREAS, City owns and through its Airport Authority operates Salt Lake City International Airport, hereinafter "Airport,"; and WHEREAS, the City has constructed and through its Airport Authority is operating a firing range at Airport; and WHEREAS, Permittee desires to obtain the use of said firing range for its police or other certified peace officers. NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. City agrees to allow Permittee's police to utilize the City' s airport firing range in accordance with rules and regulations as established by the Airport Authority and upon a schedule for such fees as may be set and determined by the City's Director of Airports. 2. In consideration for such use, Permittee agrees to indemnify, save harmless and defend the City, its officers, agents and employees from and against any and all losses, damages, claims, liabilities, and causes of action of every kind or character as well as all costs, including attorney's fees, connected therewith and the expenses of investigation thereof, based upon or arising out of Permittee's police or other certified peace officers' use of said firing range. 3. The term of this Agreement shall be for a period of three (3) years. However, either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. 4. This Agreement cannot be assigned by Permittee without the prior written consent of City. 5. This Agreement constitutes the entire agreement between the parties pertinent to the Permittee's use of the City's firing range at the Airport, and it cannot be amended or altered except through a written instrument which is signed by both parties. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective as of the day and year first above written. SALT LAKE CITY CORPORATION BY ATTEST: MAYOR CITY RECORDER STATE OF UTAH, UTAH HIGHWAY PATROL BY ITS 1 STATE OF UTAH ) . ss. County of Salt Lake) On the day of , 1990, personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, the signers of the foregoing instrument, who being by me duly sworn, did say that they are the Mayor and City Recorder, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah, and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC, residing in My Commission Expires: Salt Lake County, Utah STATE OF UTAH ) :ss County of Salt Lake ) On the 23rd day of May , 1990, personally appeared before me Maurine T. Penrod , who being by me duly sworn, did say the s/he is the Superintendent of the Utah Highway Patrol a Department of the State of Utah, and that the foregoing instrument was signed by him/her in behalf of said corporation; and said persons acknowledged to me that said corporation executed the same. Maurine T. Penrod NOTARY PUBLIC, residing in Salt LakeeCounty. r�cctt��yy pu � MAU ? T.PENROO 6 My Commission Expires: 4501 South 2700 West I ;3 . 4 4 sen t eke ciry.,uar mi 19 My CommissionExpires August 17, 199� 4 AStaieofU 1555 9 L 1 • R 514,EWM CELY-1-91V-Mgata l '1':j.!DEPARTMENT;OF;F1NANCE a. � 451 'SOUTH.STATE;STREET.ROOM 228 LINDA HAMILTON PALMER DEPAULIS DIRECTOR OF FINANCE iii SALT:LAKE cITY..UTAH,84 11*;` MAYOR June 26, 1990 Mr. Alan Hardman, Chairperson Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, UT 84111 RE: REQUEST FOR CHANGE IN CITY ORDINANCE 2.58.030 Dear Alan: As a part of our continuing effort to maintain controls which are consistent with City Ordinance and Policy, we have identified the need to modify the above referenced ordinance to accommodate the Mayor's Executive Order 2.01.301 entitled "Delegation of Contract Signature Authority" . Under the new Executive Order, the Airport Director will be allowed to sign agreements such as revocable permits, cross easements and hangar leases for Airport property, without going through the Chief Procurement Officer. These transactions are numerous and extretely routine in nature. Therefore, it is not considered cost effective to send theft through the normal review process. It should be noted that all property sales will continue to be processed through the Chief Procurement Officer, and the City Council will receive notification of the same. We respectfully request that the City Council consider and adopt the attached Ordinance Amendment, prepared by the City Attorneys's office, at its meeting on July 10, 1990. Thank you for your consideration. Respectfully, Linda Hamilton Director of Finance LH/GLF/cb Attachment cc: Bruce Baird Linda Cordova Larry FailnPr Louis Miller SALT LAKE CITY ORDINANCE No. of 1990 (Amending Chapter 2 .58 Dealing with the Conveyance for Value of City Property) AN ORDINANCE AMENDING CHAPTER 2 .58 OF THE SALT LAKE CITY CODE DEALING WITH THE CONVEYANCE FOR VALUE OF CITY PROPERTY. WHEREAS, the City Council of Salt Lake City, Utah recognizes that certain small or ministerial transactions involving city property such as leases , permits, rights-of-way, revocable interests and easements do not need participation by the City' s Chief Procurement Officer as presently required by Section 2 . 58 . 030, Salt Lake City Code . NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 2 . 58 . 030 be amended to read as follows : 2.58.030 Conveyance for value. A. Every sale of city-owned real property shall be conducted by the Chief Procurement Officer, or under his/her express written authority. All other conveyances for value, including leases , permits , rights-of-way, revocable permits and easements, shall be conducted in a manner designated in writing by the Mayor. All conveyances or encumbrances of such property shall be based on the highest and best economic return to the city, except that consideration for property conveyed may be based on other public policy factors when conveyed to units of government or other public or quasi-public organizations . SECTION 2 . EFFECTIVE DATE. This ordinance shall become effective immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990 . Published: BRB:ap -2- SALT LAKE CITY ORDINANCE No. of 1990 (Amending Chapter 2.58 Dealing with the Conveyance for Value of City Property) AN ORDINANCE AMENDING CHAPTER 2.58 OF THE SALT LAKE CITY CODE DEALING WITH THE CONVEYANCE FOR VALUE OF CITY PROPERTY. WHEREAS, the City Council of Salt Lake City, Utah recognizes that certain small or ministerial transactions involving city property such as leases, permits , rights-of-way, revocable interests and easements do not need participation by the City's Chief Procurement Officer as presently required by Section 2 .58 . 030, Salt Lake City Code. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 2 .58 . 030 be amended to read as follows : 2.58.030 Conveyance for value. A. Every sale of city-owned real property shall be conducted by the Chief Procurement Officer, or under his/her express written authority. All other conveyances for valuer including leases , permits, rights-of-way, revocable permits and easements, shall be conducted [ , under--tic director of finance. ] in a manner designated in writing by the Mayor. All conveyances or encumbrances of such property shall be based on the highest and best economic return to the city, except that consideration for property conveyed may • f be based on other public policy factors when conveyed to units of government or other public or quasi-public organizations. SECTION 2 . EFFECTIVE DATE. This ordinance shall become effective immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. of 1990 . Published: BRB:ap -2- `u i ;118;4) - • • i Oil Patrick A. • PALM--, PAL _ . ,_:i•;1 w_PLic\e. W t_di1iF ? more - ��' i>i _uu{r.; `.. ''•ill_��� av Si'Gr Ei3;tle B.Vials3 '', - \Thomas K. FveIL`. s}r: Cire.ctor of Aimorts - ��F. T -r1' a� • A U May 15, 1990 zly Montgomery Assistance City Attorney 4;1 South State Street, Room 505 Salt Lake City, Utah 84111 E ar Ray: • The Airport Authority Board recently approved my recommendation to modify fuel and oil royalty fees at the Airport. Section ' 6 . 12. 190 of the Salt Lake City Code currently imposes a fuel oyalty equal to three cents per gallon of fuel and an oil royalty equal to six cents per quart of oil delivered to any porson at the Airport. The approved modifications to these fees are to eliminate the oil royalty fee in its entirety an-? to increase the fuel fee to four cents per gallon effective July 1 , with another increase to five cents per gallon effective July 1 , 1991 . Would you please prepare an appropriate ordinance am ninc this section of City Code to reflect these changes. I have additionally enclosed a cover letter and copies for the council members. Thank you, as always, for your assistance. SincereJ,,y, Louis E. Miller SaltLa<( City ^0 ; LLthar T\ � , A� ..0: z�'gy. Sail �.:",{. �r.,j;i ^.J."i_,_ .:i. _ ..••2%':Ll " 13iC'.`:�:. (qnh, c';�-L�! • • • B,";h, Patrick A. ��^' Chi - - ;•: _:ti^;«.: N AL m Er ' E :. CS mayor \ 3.Weis v Thomas K. .;r ii" 1 a.i i::ff .`i:ec. . /1- •\ May 15, 1990 Alan Hardman, Chairman and Salt Lake City Council 451 South State Street City & County Building Salt Lake City, Utah 84111 Dear Chairman Hardman and Council Members: Subject: An ordinance amending Section 16. 12. 190 of the Salt Lake City Code to eliminate oil royalty fees at the Airport. . Fiscal Impact: Increase the current 3C per gallon of fuel to 4C per gallon FY 1990/91 and to 5C per gallong beginning FY 1991/92, and eliminate the current 6C per quart of oil fee. Discussion: Section 16. 12. 190 of the Salt Lake City Code currently imposes fuel and oil royalties of 3C per gallon go fuel and 6C per quart of oil delivered to any person at the Airport. This section further requires that any person selling fuel or oil at the Airport submit a statement on a monthly basis which details all fuel and oil deliveries. Exempted from the requirement are all persons who pay landing fees. These current royalty fees have been in effect since July 20, 1982. During FY 88/89 , we collected $1401 in oil and $119, 293 in fuel royalty fees. It is my recommendation, which has additionally been approved by the Airport Authority Board, that this section of City Code be revised to charge a fee of 4C per gallon on fuel to be effective July 1, 1990, to charge a fee of 5C per gallon on fuel to be effective July 1, 1991, and to eliminate the fee on oil effective July 1, 1990. Recommendation: May I therefore request this modification to Section 16 . 12. 190 of the Salt Lake City Code as I have outlined it . Respect/Lilly, //• � ouis E. Miller • SaR Lake ,r r.t;port Authority 1 MA I= Box 22084. Sol: L;•�� .,;V ,Jic i%r ,;801) :775-2400 elefax: (.`^:0 i) 575-267::,' SALT LAKE CITY ORDINANCE No. of 1990 (Fuel and oil royalties) AN ORDINANCE AMENDING SECTION 16 .12.190 OF THE SALT LAKE CITY CODE, RELATING TO FUEL AND OIL ROYALTIES . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 16 .12.190 of the Salt Lake City Code, relating to fuel and oil royalties, be, and the same hereby is, amended as follows: 16.12.190 Fuel [mil] royalties. A. There [arc] is imposed upon any person offering . aviation fuel [or oil] for sale upon the airport the following royalties : 1 . A fuel royalty equal to [three] four cents per gallon of fuel delivered to any person at the airport, which royalty shall increase to five cents per gallon on July 1, 1991 . [ 2 . An e-il reya-lty equal to six eents per quart of oil delivered to . ] B. Any person selling fuel [or oil] at the airport shall, on or before the twelfth day of each month submit to the city a detailed statement showing all fuel [and oil] delivered to such person during the preceding calendar month. The city shall then bill such person for the preceding calendar month, taking into account the customary • . o shrinkage allowance of two percent. Such bill shall be paid .' v if av within ten days of the receipt thereof from the city. . (7) C. Any person required to and paying a landing fee imposed by Section 16 .12.160, or its successor, or required by an existing agreement shall be exempt from the provisions of this section. SECTION 2. This ordinance shall take effect on July 1, 1990. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER RLM:cc • -2- FI STAFF RECOMMENDATION LIGHTING DISTRICT NUMBER ONE July 6, 1990 STAFF RECOMMENDATION BY: Cindy Gust-Jenson ACTION REQUESTED BY COUNCIL: Take the final step in the Special Improvement District process for lighting district number one by adopting the assessment ordinance. BACKGROUND INFORMATION: This is the district for which you received public comment in March. It includes several extensions, some of which are in Rose Park, and others of which are in City Council Districts 5 and 6. Many citizens in Council District 6 and some citizens in Council District 5 were concerned because the rate proposed was triple or more that which they have paid in recent years. The reason for the increase was that previously residents have been charged only for the power used, and there has been no fund for replacement and/or repair. The light posts and lamps in the extensions in Council Districts 5 and 6 are decorative and historic. The costs in the Rose Park and other extensions remained stable, or went down slightly, since the lighting they have is standard. Due to the concern on the part of the citizens in Districts 5 and 6, Councilmember Kirk established a citizen committee to review the situation and poll the neighbors on their desires: (a) have the lighting remain and fund the full need for repair and replacement now; (b) have the lighting remain and partially fund the current needs; (c) have the lighting discontinued. Each extension established its own preference, and approached the Board of Equalization. The petitions submitted by the citizen groups were accepted by the Board, and for those districts which requested a change, the decision was made to have the lighting remain and partially fund the current needs, rather that at the level originally proposed by the City. There is one remaining citizen objection, which is outlined in your packet. It is the request of Mr. George Rogers of 1600 Yalecrest for an additional corner lot exemption. STAFF ANALYSIS: Mr. Rogers' lot is indeed an odd shape. He has been given one corner lot exemption, but he is requesting two. There are at least two other properties in the district which have odd-shaped frontage, yet qualify for only one exemption. The written policies do not allow for a standard exemption in this circumstance, although the Council could elect to grant the exception by adopting a motion. There is no need to amend the actual ordinance. Adopting a motion would just change exhibit B. As you'll see from the memo from Scott Vaterlas of Transportation, a second front foot exemption would result in an assessed footage of 94.64 feet at a cost of $119.25 per year. This is $94.50 less per year than Mr. Rogers will be assessed without the second exemption. The two other individuals with odd shaped lots who qualify for only one exemption have front footage of 182.36 feet and 163.43 feet. (Please See Page 2) RECOMMENDED ACTION: Adopt the ordinance as is proposed and recommended by Transportation -- do not approve an additional exemption for 1600 Yalecrest Avenue. SUGGESTED MOTION: I move that we adopt the ordinance. Note: If the Council wishes to grant the second exemption, the motions would be: I move we grant a second front foot exemption of 75 feet for Mr. George Rogers, 1600 Yalecrest Avenue. and I move that we adopt the ordinance. E r" ''CTTiY�C� '� W 'ee I"0 KATHRYN MARSHALL �� �� � `d..ca r_�I PALMER DEtPAULIS CITY RECORDER - MAYOR DEPARTMENT OF HUMAN RESOURCES AND ADMINISTRATIVE SERVICES City Recorder 451 SOUTH STATE STREET, ROOM 415 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-7671 141i4,/b 451 June 8, 1990 qC�41 �8�99 e , MEMO C 42 To: The Salt Lake City ouncil yC/� From: Kathryn Marshal ' ty Recorder and Member of the B rd f Equalization for Lighting District #1 Subject: Appeal by George Rogers of the decision by the Board of Equalization The Board of Equalization met on May 15, 16, and 17, 1990, to consider Lighting District #1 . One property owner, George Rogers, asked for an additional 75-foot exemption. The Board recommended that Mr. Rogers ' request be denied and he subsequently submitted the attached appeal. I am officially transmitting this appeal to the Council for their consideration. JUN 0 7 1990 CITY RECORDEP APPEAL OF RECOMMENDATION George Rogers 1600 Yalecrest Ave. Salt Lake City , 84105 June 4 , 1990 I ask the board to reconsider my request for an additional 75 foot exemption on the following points: 1 . According to Corner Lots Protest: Section d . triple frontage is ( frontage on three streets) . My property has frontage on a street to the north, on a street to the south and on a street to the west, this is triple frontage . 2. Early in our process of petitioning , we were given a sheet of instructions by the SLC Division of Transport- ation , entitled Policy For Protesting in Street Light Assessment Districts. At a future meeting of our com- mittees I was told by Jim Byrne that if Iwere to con- tact the Division of Transportation =he was sure I would receive the additional exemption mentioned in Section d . The following day I called the Division and spoke with Dorothy Johnson , I asked if my additional exemp- tion had been discussed and if so did she know if it had been approved., she informed me that it had been discussed and if I would remain on the line she would find cut. Dorothy returned to the phone and informed me that it had been approved , I would get the additional exemption . At the next meeting of our committees I thanked both Steve and Scott for the exemption and they acknowleged it was OK. When the Board of Equalization was going to meet I asked Scott Vaterlaus if it was necessary for me to present my additional exemption for triple frontage to them, his answer was yes go ahead so they can con- firm our decision to grant it. I do not understand how the decision of the members of the Division of Transportation , to grant me the addi- tional 75 foot exemption , can be set aside by the Board of Equalization . Especially when three of there experts, Scott , Steve and Dorothy all agreed that my property met the standards of triple frontage . 3. The Board of Equalization ruled that it is a traffic island in front of my property and not a seperate named street. If this is true and it is a traffic island and not a street then I should not be assessed "STREET" light foot frontage. In measuring this traffic island I find it to be approximately 120 feet in length. To be fair this should be deducted from my "STREET" Lighting foot frontage. That makes my boundary on the West of my property not classified as foot frontage, because I DO NOT HAVE A NAMED STREET in the front of my home. In addition , Section d . does not say that the street has to have a name. As you can see I can not accept the Board ' s recom— mendation and am asking the Board to take another look at an exemption that was granted to me by those "who wrote, or follow the rules, and then was taken away by the Board. Thanks, Loro x. k'. s, a, The recommendation of the Board is to reduce the abutters annual assessment to $1.18 per front foot for " Extension 30F. 2. A petition for Extension 13H was brought in to the Board by Sharon Newton, 1338 Laird Avenue. The petition contained the following: _____ a. Total property owners = 100 b. Total property owners contacted = 56 __ c. Total property owners for $1.04 assessment rate _= 50 d. Total property owners for $2.04 (original) assessment rate = 6 • The recommendation of the Board is to reduce the abutters annual assessment to $1.04 per front foot for Extension 13H. 3. George Rogers, Extension 16H, 1600 Yalecrest Avenue, appeared before the Board to ask for a second 75 foot exemption in addition, to the 75 foot exemption he is now receiving. He has property that fronts on Yalecrest Avenua and Yale Avenue. He feels the road in front of his home is neither Yalecrest or Yale Avenue, and should be considered a third road and qualify him for an additional exemption The recommendation of the Board is that he does not have frontage on three streets. The—traffic .island in front of his property provides guidance for vehicles but does not create a separate named street. No change to assessed frontage. George Rogers also brought in a petition for the property owners in Extension 16H. _._The petition contained the following: a. Total property owners = 106 b. Total property owners contacted = 101 c. Total property owners for $1.26 assessment rate = 100 • d. Total property owners for $2.43 (original) assessment rate = 1 T [ The recommendation of the Board is to reduce the abutters annual assessment to $1.26 per front foot for r-f` Extension 16H. +, i_" 4. Boyd McGee, Extension 49C, representing William Wilson & Associates on 170 South-Main. -wanted ` correlation to the prior assessment district and renewal costs. su.. _'. . His questions were answered by the Board. No recommendations were required by the Board. 5. John Crandall, Extension 13H, 1630 Yalecrest Avenue, has 238 front feet. He has an existing 75 foot ., corner lot exemption. He requested an additional exemption because of the shape of his property. The recommendation of the Board is that his property is a corner lot and does not qualify for an additional • exemption. No change to assessed footage. I May 16, 1990 1. Charles Parrish, Extension 16H, 1030 Military Drive, feels his property is a corner lot and should qualify for a corner lot exemption. The recommendation of the Board is that his property is not a corner lot and does not qualify for a corner lot exemption. No change to his assessed front footage. 2. Henrietta Vonk, Extension's 43E and 29F, 711 North 300 West, wants application for Low Income Deferral . Application will belsent to her. No other Board recommendations required. .-. •,� ''h EXTENSION + 1 6 e90 1104110 A �•O v, QPOLE REPLACEMENT A 'O 'O •v[. bif 0e b ► . - •O HNC...e•N Avg. 7\ �a 0 — • •Y•M1(N•N[I CN•we[ON 7reN r4si I•jf>' A• im Cs 0' w I LCGCLO • Z w' •+a :. V • UP►L CO POLE I W0001 •• •a°r e 1 clIl _ O uPiL CO POLE tSTCCu •• fT[ta•KM•a ft `nti Avail ' ' i NIwMwT 0.OPEL CO POLE IA+W IKNAI utf owu O y„ � O•()P&L CO POLE ICO►KR[TLI O 0 . Q o l T oo Oman.it.CO POLO IHIGt TENSONI r•at •q .ew to. J 1 i t r j • • ` 7 • , , , 111. • MST LT CO POLE w tip 0 o PRIVATE POLE • O INCANDESCENT LIGHT .•al •vt O LtCRWRY vAPOR LICNT • 9 O r ®m 500IU4 vPOR LIGHT MOW -. V) rLUORESCENT LwNr • ' 0 H ExAGON w $cATCS SCHEDULE la n ATT€ WO jR`M yoESCR+PT+ON O WORN ,.t+,€,TMLAMP.,row.�f Crrw0APN1_ T:T.i!LTA:. u2-iw T UTAH POWER L LIGHT CO. r•C[ AV(*ad,+O+TOO I.r•1(C•!•r 16••009t 04 SALT tAIL PAWN .•CI TO+TOO!,,.N.T•t%IA. C.....(11.1.1) IP.:__./r, — — ' MAP N? L- 107 . taw Nuurlw.N LICNI ',moo( --_�i TITI E: LIGHTING DISTRICT 16 E .NO.c•TIs a4YIN/ .N T..44YNOfv uat Ott'-ueo To /roo usT,ualceut �_ .. _._ V.a/ TO Me t,•ua+T•M on•Ha[ W Ni W - _ -- LARGE FORM CONTRACT NR 73J _ _ ACCOUNT MA 7103 •115 --- — ------ SCHEDULE NR 12 -- .— ' SHEET M I Or 1 .___. .�_. ._ .. _ _._- DRAWN plss•v CNECNEtkz,am_APTI•7v 0-4 A 2t&I fflLa i-.d Mt SC At I.___II-.LtiT DATE •-=•.IT_ . I 7. Corner Lot Protests : • a. If a corner lot property is being assessed for street lighting on two side of the lot, this property-.-qualifies for one corner lot exemption. This corner lot exemption allows for an exemption of up to 75 feet of footage from the total assessed footage.- This exemption is given to the longest side of the property.' • b. iWhen calculating the summary of the protest on a particular street, the exempted footage will not be • included in the total footage on the street nor in the total protested footage of the street. c . If a corner lot property is involved in a protested street ' .: and the qualifying side of the property is the •• non-exempted side, h of the exempted side is deleted from .. the district, but not to exceed 75 feet. If the qualifying protested side is the exempted side, the owner ▪, _ shall pay for the total footage on the non-qualifying side of his property. Tc <=� d . If a corner lot property has triple frontage (frontage on three streets) it shall have two 75 foot exemptions and if the lot is protested all frontages except exempted footage are protested. ye. If a property is a through lot with frontage on the front and rear on separate nearby parallel streets_ it shall be assessed once for each street frontage, and if the lot is protested both frontages are protested. • • • 1; • P• BD13499 (PF) Salt Lake City, Utah July 10, 1990 The City Council of Salt Lake City, Salt Lake County, Utah met in regular session on Tuesday, the 10th day of July, 1990, at its regular meeting place . The following members of the City Council were present: Alan Hardman Chair Nancy Pace Vice Chair Thomas M. Godfrey Councilmember L. Wayne Horrocks Councilmember Don C. Hale Councilmember Roselyn N. Kirk Councilmember Ronald Whitehead Councilmember. Also present: Palmer A. DePau].is Mayor Roger F. Cutler City Attorney Kathryn Marshall City Recorder Absent: None After the meeting had been duly called to order and after other matters not pertinent to this resolution had been discussed, the City Recorder presented to the City Council a Certificate of Compliance With Open Meeting Law with respect to this July 10, 1990 meeting, a copy of which is attached hereto as Exhibit "A" . The City Council has considered the Findings and Recommendation of the Board of Equalization and Review for the special improvement district known as Salt Lake City, Utah Lighting District No. 1 and has reviewed minutes of the hearings of that Board. Having examined the assessment roll as equalized, the City Council has determined to approve the equalized assessment roll and levy assessments as set out in the assessment roll as modified by the adjustments set out in the attached Exhibit "B" . The following assessment ordinance was then introduced in writing, was fully discussed, and pursuant to motion duly made by Councilmember and seconded by Councilmember , adopted by the following vote: YEA: NAY: The ordinance was then signed by the Chairperson, presented to and approved by the Mayor and recorded by the City Recorder in the official records of Salt Lake City, Utah. The ordinance is as follows: BD13499 (PF) 2 ORDINANCE NO. of 1990 AN ORDINANCE LEVYING A TAX AND PROVIDING FOR THE ASSESSMENT OF PROPERTY IN SPECIAL LIGHTING DISTRICT NO. 1, SALT LAKE CITY, UTAH FOR A PERIOD OF THREE (3 ) YEARS; ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE; AND RELATED MATTERS . BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, UTAH: Section 1 . Determination of Costs. All costs and expenses for providing lighting and for the making of the improvements within the District have been finally determined and the reasonable cost of any work to be done has been determined. Section 2 . Approval of Assessment List; Findings. The City Council (the "Council" ) of Salt Lake City, Salt Lake County, Utah (the "City" ) hereby accepts and adopts the Findings and Recommendation of the Board of Equalization and Review (the "Board" ) , subject to the resolution of one appeal from the decision of the Board. The Council confirms and adopts the equalized assessment roll for Salt Lake City, Utah Lighting District No. 1 (the "District" ) , a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference ( the "Assessment List" ) . The Council has determined that the Assessment List, as adjusted and equalized by the Board for the District, is just and equitable ; that each piece of property to be assessed within the District will be benefited in an amount not less than the assessment to be BD13499 (PF) 3 levied against said property; and that no piece of property listed in the assessment list will bear more than its proportionate share of the cost of such improvements or services. Section 3 . Levy of Assessments. The Council hereby levies a tax as an assessment upon the real property identified in the Assessment List which has been modified to include adjustments recommended by the Board and an adjustment determined on an appeal from the action of the Board. The assessments levied upon each parcel of property therein described shall be in the amount set forth in the Assessment List as equalized. The assessments hereby levied are for the purpose of paying the costs of providing for the operation, maintenance and patrolling of incandescent, fluorescent, metal halide and sodium vapor lamps and the furnishing of electrical energy therefore for a period of three years. It is hereby determined and established that the property being assessed will be specifically benefited to the full amount of the tax hereby levied to cover the cost of operating, maintaining, patrolling and furnishing of electrical energy. The property benefited is all within the boundaries of the lots, blocks and streets as set forth in the Assessment List. The assessments shall be levied annually for a period of three (3 ) years according to the contract entered into for the performance of BD13499 (PF) 4 said work and the providing of lighting benefits. The City Treasurer is hereby authorized and directed to assess in accordance with the provisions of this Ordinance for the purpose herein mentioned. Section 4. Cost of Services Improvements; Amount of Total Assessments. As determined by the City Transportation Engineer, the total cost of all services and improvements is $474, 784. 56, of which the City' s portion is $118, 695 . 14. The remainder is to be paid from proceeds of assessments levied upon property within the District as set forth in the Assessment List. Section 5 . Method, Rate and Payment of Assessment. The total assessment for the District is levied in accordance with the method set out in the Notice of Intention as modified by the Board pertaining to the District. The applicable rate for each property was determined based on the costs of services and improvements, together with other related factors, the totals of which are set out in the preceding Section. The assessment tax may be paid in total within fifteen ( 15) days of the date of publication of this Ordinance (the "Effective Date" ) , or payment may be deferred and paid in three (3 ) equal yearly installments, without interest except on any delinquent installment( s) . One-third of the total assessment shall be due and payable within fifteen days after BD13499 (PF) 5 the Effective Date of this Ordinance; one-third in one year after the Effective Date of this Ordinance ; and the final one- third in two years thereafter. One or more of such installments in the order payable, or the whole tax, may be prepaid at any time after the Effective Date of this Ordinance . Section 6. Default in Payment. The assessment installment shall be delinquent if it remains unpaid for more than fifteen ( 15) days after the due date. Any delinquency shall constitute a default of the payment of the assessment. If a default occurs in the payment of any installment when due, the City may declare the unpaid amount to be immediately due and payable and subject to collection as provided herein. In addition, it may accelerate payment of the total unpaid balance of the assessment and declare the whole of the unpaid principal to be immediately due and payable . Interest shall accrue and be paid on all delinquent amounts and amounts declared to be accelerated and immediately due and payable at the same rate as is applied to delinquent real property taxes for the year in which the assessment installment becomes delinquent (the "Delinquent Rate" ) . In addition to interest charges at the Delinquent Rate, costs of collection as determined by the City Treasurer or required by law shall be charged and paid on all amounts declared to be delinquent or accelerated and immediately due and payable . BD13499 (PF) 6 Upon any default, the City Treasurer shall give notice, in writing, of the default to the owner of the property in default, as shown by the last available equalized assessment rolls. Notice shall be effective upon deposit of the notice in the U. S. Mail, postage prepaid, and addressed to the owner as shown on the last equalized assessment rolls for the City or on the official ownership records of the City. The notice shall provide for a period of thirty (30) days in which the owner shall pay the installments then due and owing together with accrued interest at the Delinquent Rate plus costs as determined by the City Treasurer. The Notice shall also declare that after the thirty (30) day period the City shall accelerate the then unpaid balance of the principal of the assessment to be immediately due and payable together with costs and interest on the entire unpaid balance to accrue from the date of delinquency at the Delinquent Rate. Thereafter, the City may commence foreclosure proceedings in the manner provided for actions to foreclose mortgage liens or trust deeds. If at the sale no person or entity shall bid and pay the City the amount due on the assessment plus interest and costs, the property shall be deemed sold to the City for these amounts. The City shall be permitted to bid at the sale . The remedies provided herein for the collection of assessments and the enforcement of liens shall be deemed and construed to be cumulative and the use of any one method or BD13499 (PF) 7 means of collection or enforcement shall not deprive the City of the use of any other method or means. The amounts of accrued interest and all costs of collection shall be added to the amount of the assessment up to the date of foreclosure sale . Section 7. Remedy of Default. If prior to the final date payment may be legally made under a final sale or foreclosure of property to collect delinquent assessment installments, the property owner pays the full amount of all unpaid installments which are past due and delinquent with interest at the Delinquent Rate, plus all approved or required costs, the assessment of said owner shall be restored so that the owner will have the right to make the payments in installments as if the default had not occurred. Section 8. Lien of Assessment. An assessment or any part or installment of it, any interest accruing and the penalties and costs of collection shall constitute a lien against the property upon which the assessment is levied on the Effective Date of this Ordinance. Said lien shall be superior to the lien of any trust deed, mortgage, mechanic ' s or materialman' s lien or other encumbrance and shall be equal to and on a parity with the lien for general property taxes. The lien shall continue until the assessment and any interest, penalties and costs on it are paid, notwithstanding any sale of the property for or on account of a delinquent general BD13499 (PF) 8 property tax, special tax or other assessment or the issuance of a tax deed, an assignment of interest by the governing entity or a sheriff' s certificate of sale or deed. Section 9 . Contestability. No assessment shall be declared void or set aside in whole or in part in consequence of any error or irregularity which does not go to the equity or justice of the assessment or proceeding. Any party who has not waived his objections to same as provided by statute may commence a civil action against the City to enjoin the levy or collection of the assessment or to set aside and declare unlawful this Ordinance. Such action must be commenced and summons must be served on the City not later than 30 days after the effective date of this Ordinance . This action shall be the exclusive remedy of any aggrieved party. No court shall entertain any complaint which the party was authorized to make by statute but did not timely make or any complaint that does not go to the equity or justice of the assessment or proceeding. After the expiration of the 30-day period provided in this section, the assessments levied in the District shall become incontestable as to all persons who have not commenced the action provided for in this section; and no suit to enjoin the levy, collection or enforcement of the assessments, or in any other manner attacking or questioning the legality of the BD13499 (PF) 9 assessments may be instituted in this state, and no court shall have authority to inquire into these matters. Section 10. Notice to Property Owners . The City Treasurer is hereby authorized and directed to give notice of assessment by mail to the property owners in the District. Said notice shall, among other things, state the amount of the assessment and the terms of payment. A copy of the form of notice of assessment is available for examination upon request at the office of the City Recorder. Section 11 . All Necessary Action Approved. The officials of the City are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Ordinance. Section 12 . Repeal of Conflicting Provisions. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 13 . Publication of Ordinances. An emergency is hereby declared, the preservation of peace, health and safety of the City and the inhabitants thereof so requiring. Immediately after its adoption, this Ordinance shall be signed by the Mayor and City Recorder and shall be recorded in the ordinance book kept for that purpose. This Ordinance shall be published once in the Deseret News, a newspaper published and having general circulation in the City, and shall take BD13499 (PF) 10 effect immediately upon its passage and approval and publication as required by law. Section 14. Filing of Ordinance and Assessment List. The City Recorder is hereby authorized and directed to file a copy of this Ordinance within five days from the date hereof in the Salt Lake County Recorder' s office. Since this Ordinance incorporates the assessment list by reference, the City Recorder is further directed to file a copy of the final Assessment List with the Salt Lake County Recorder. PASSED AND APPROVED by the City Council of the City, this 10th day of July, 1990. Chair ATTEST: City Recorder ( S E A L ) BD13499 (PF) 11 The City Treasurer was thereupon authorized to mail to the property owners in the District notice of special assessment as hereinbefore provided. After the transaction of other business not pertinent to the foregoing matter, the meeting was on motion duly made, seconded and carried, adjourned. Chair ATTEST: City Recorder ( S E A L ) BD13499 (PE) 12 PRESENTATION TO THE MAYOR The foregoing ordinance was presented to the Mayor for his approval or disapproval on the 10th day of July, 1990. Chair MAYOR' S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby approved this 10th day of July, 1990. Palmer A. DePaulis Mayor BD13499 (PF) 13 STATE OF UTAH ) . ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly appointed, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the above and foregoing is a full , true and correct copy of the record of proceedings had by the City Council of Salt Lake, Salt Lake County, Utah at its meeting held on the 10th day of July, 1990 insofar as the same relates to or concerns Salt Lake City, Utah Lighting District No. 1 as the same appears of record in my office . I further certify that the Ordinance levying the special assessments was recorded by me in the official records of Salt Lake City on the 10th day of July, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City this 10th day of July, 1990. City Recorder ( S E A L ) BD13499 (PF) 14 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss. NOTICE OF ASSESSMENT COUNTY OF SALT LAKE ) I , Buzz Hunt, the duly appointed, qualified and acting City Treasurer of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of July, 1990, I caused to be mailed a Notice of Assessment to each property owner in Salt Lake City, Utah Lighting District No. 1 by United States Mail , postage prepaid, at the last known address of such owner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, Salt Lake County, Utah this day of July, 1990. City Treasurer ( S E A L ) BD13499 (PF) 15 STATE OF UTAH ) : ss. CERTIFICATE OF FILING COUNTY OF SALT LAKE ) I , Kathryn Marshall , the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that on the day of , 1990, pursuant to Title 17A, Chapter 3 (formerly Title 10, Chapter 16) , Utah Code Annotated 1953 , as amended, a copy of the Assessment Ordinance, as finally approved, together with a list of properties proposed to be assessed described by tax identification number and a valid legal description of the properties within the District, was filed in the Salt Lake County Recorder' s Office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City this day of , 1990. City Recorder ( S E A L ) BD13499 (PF) 16 PROOF OF PUBLICATION Attached to this page is the Proof of Publication, indicating by the affidavit of the publisher that the said Ordinance levying the special assessments which was contained in the Ordinance adopted by the City Council on the 10th day of July, 1990, was published one time in the Deseret News. BD13499 (PF) 17 EXHIBIT "A" CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , Kathryn Marshall, the undersigned City Recorder of Salt Lake City, Salt Lake County, Utah (the "City" ) , do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated 1953 , as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the July 10, 1990 public meeting held by the City as follows: (a) By causing a Notice, in the form attached hereto as Schedule "A" , to be posted at the City' s offices at 451 South State Street, Salt Lake City, Utah on July , 1990, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule "A" , to be delivered to the Deseret News on July , 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD13499 (PF) 18 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this 10th day of July, 1990. City Recorder ( S E A L ) BD13499 (PF) 19 SCHEDULE "A" NOTICE OF MEETING BD13499 (PF) 20 EXHIBIT "B" ASSESSMENT LIST BD13499 (PF) 21 4110 LEE KING SALT' �"-y C1T 1$ VORPO_ fiolr DIRECTOR COMMUNITY and ECONOMIC DEVELOPMENT ' Capital Planning and Programming CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 July 2, 1990 TELEPHONE 535-7902 TO: Alan G. Hardman, Chair Salt Lake City Council RE: APPROVAL OF NEW 16TH YEAR ( 1990-91 ) CDBG PROJECT TO PURCHASE FELLOWSHIP FOUNDATION BUILDING AT 1380 RICHARDS STREET OUT OF 16TH YEAR CDBG CONTINGENCY FUNDS RECOMMENDATION: That the City Council approve $60, 000 from the $164 , 600 16th Year CDBG contingency amount for the purchase price and closing costs for the current Fellowship Foundation building located at 1380 Richards Street in the Peoples Freeway Target Area. FUNDING: At the May 15, 1990 City Council meeting the Council moved to place $50 , 000 pre-planned for the Fellowship Foundation into CDBG contingency until all project details were worked out. The current contingency budget of $164, 600 would be reduced by $60, 000 to $104, 600 if the project is approved as proposed. BACKGROUND AND DISCUSSION: At the direction of the City Council, city staff have met with Fellowship Foundation Board members three times over the last month to negotiate a proposal that is in the best interest of both the City and the aforementioned non-profit group. The City representatives in the negotiations were Pete Suazo, Bill Wright, Stephanie Harpst, and Harvey Boyd. The goal of the City' s commitment to this project is twofold: 1 ) to solve the land use conflict on Richards Street between the single-family residential uses and the non-profit meeting uses at Fellowship Hall; and, 2 ) to solve the operational and expansion needs of Fellowship Foundation. The proposed method of accomplishing these goals is for the public sector to present an offer to purchase 1380 Richards Street from the Fellowship Foundation for $83, 000 cash ( $58, 000'City with an additional $2, 000 for appraisal and closing costs and $25, 000 County CDBG funds ) . Fellowship Foundation would be allowed salvage rights to the building including all fixtures and the building itself . Fellowship Foundation will be responsible for demolishing the building and clearing the site according to City specifications following their salvage operation. The City will become the sole owner of the property and will facilitate redeveloping it to a residential use to benefit low/moderate income people per HUD income guidelines . On June 21, the entire Fellowship Foundation membership met and voted to approve this proposal as negotiated by their Board of Directors . Salt Lake City' s acquisition of 1380 Richards Street shall be considered a voluntary transaction accepted by both parties as an amicable agreement therefore not requiring relocation benefits to be paid per HUD regulations . All other HUD guidelines will be determined through Capital Planning and must be followed completely. An Interlocal Agreement will be required to bring the County' s CD funds into the City budget and a contract between the City and Fellowship Foundation will be executed. The City will redevelop the property to a residential use through a land write-down process . The City will attempt to sell the cleared land to a non-profit housing provider for the development (move-on or new construction) of a single family residence. The City estimates the fair market value of the vacant property for reuse at $6 , 000 to $8, 000 . By selling the land, all or most of the additional $10, 000 allocated to the project can be recouped by the City and returned to the CDBG program. CONTACT PEOPLE : Bill Wright, Planning Department, 535-7914 Pete Suazo, Mayor' s Office, 535-6287 Harvey Boyd, Building and Housing, 535-7568 If you would like any additional information please do not hesitate to contact me. Sincerely, 4)14\ Michael Zu , Director Community and Economic Development SH/LK R 3,L 4 5 ROGER F. CUTLER SA'r �� " ����`v@Vrjl`,�ll'D A jaii ASSISTANT ATTORNEYS CITY ATTORNEY RAY L. MONTGOMERY STEVEN W. ALLRED LAW DEPARTMENT GREG R. HAWKINS DEPUTY CITY ATTORNEY LARRY V. SPENDLOVE CITY AND COUNTY BUILDING BRUCE R. BAIRD CHERYL D. LUKE 451 SOUTH STATE STREET, ROOM 505 FRANK M. NAKAMURA CITY PROSECUTOR SALT LAKE CITY, UTAH 84111 ASSISTANT PROSECUTORS TELEPHONE (801) 535-7788 CECELIA M. ESPENOZA GLEN A. COOK FAX (801) 535-7640 JANICE L. FROST MARSHA ATKIN July 5, 1990 Council Member Alan Hardman, Chairperson Salt Lake City Council City & County Building Salt Lake City, Utah 84111 Re: Ordinances approving Memoranda of Understanding between the City and the American Federation of State, County and Municipal Employees, Local 1004 , representing the 100 and 200 Series City Employees and the International Association of Firefighters Local 1645 representing the 400 Series City Employees Dear Council Member Hardman: The Mayor and the certified bargaining representatives for the 100, 200 and 400 Series City employees signed Memoranda of Understanding on July 6 , 1990 . The Memoranda of Understanding are attached. Pursuant to Section 9 (c) of the Third Amended Labor Bargaining Resolution, the Agreements are not effective until the City Council approves them. The proposed Ordinances submitted with this letter would, if adopted, approve the Memoranda of Understanding. The Memoranda of Understanding have been approved by the Finance Department for the availability of funds and by the City Attorney' s office "as to form" . In general, the agreement with the American Federation of State, County and Municipal Employees representing the 100 Series Employees provides, during fiscal year 1990-91, the following: Council Member Alan Hardman July 5, 1990 Page -2- 1 . Merits . 2 . A 2% cost of living increase. 3 . A onetime incentive payment in the amount of $300 to all 100 Series Employees who were at the "D step" on June 30, 1990 (those employees who do not receive a merit) . 4 . A $125 onetime incentive payment to snowfighters . The agreement with the American Federation of State, County and Municipal Employees representing the 200 Series Employees provides , during fiscal year 1990-91, the following: 1 . Merits . 2 . Converting the 200 Series pay plan from a 16 to a 12 step pay scale . 3 . A onetime incentive payment of $300 to those employees who were at the "P step" on June 30, 1990 (those employees who do not receive a merit) . The Memoranda of Understanding with the American Federation of State, County and Municipal Employees, representing the 100 and 200 Series Employees, contains amendments which are effective from July 1 , 1990 to June 30, 1991 . The Memorandum of Understanding between the City and the International Association of Firefighters, representing the 400 Series Employees is a two year agreement subject to availability and appropriation of funds by the City Council. The Memorandum of Understanding with the International Association of Firefighters provides, during the fiscal year 1990-91, as follows : 1 . Merits . 2 . Adding $100 to the base salary of Employees at the "415-0" step effective December 30, 1990 . 3 . Pension pickup of 2% for firefighters below the "415-0" step. 4 . A pay scale adjustment. Council Member Alan Hardman July 5, 1990 Page -3- 5 . Uniform replacement allowance. During fiscal year 1991-92, the Memorandum of Understanding with the International Association of Firefighters provides as follows : 1 . Merits . 2 . A 2% pension pickup for all firefighters including those at the "415-0" step. 3 . In the second year, 400 Series employees shall participate in any percentage increase in compensation above 3% given to all employees in any one certified bargaining unit. Merits , across the board insurance enhancements to all City employees, certification pay, classification changes or actuarial increases to pension are not used in determining the percentage increase. It is recommended that the City Council approve the attached Memoranda of Understanding which will supersede the Compensation Plans adopted by the City Council for the 100, 200 and 400 Series employees . Sincerely, FRANK M. NAKAMURA Assistant City Attorney FMN:cc SALT LAKE CITY ORDINANCE No. of 1990 (Approving the Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters, Local 1645 representing the 400 Series City Employees ) AN ORDINANCE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY CORPORATION AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1645 REPRESENTING THE 400 SERIES CITY EMPLOYEES . PREAMBLE Section 2 . 52 . 115 of the Salt Lake City Code, as amended, adopted a Compensation Plan for 400 Series Employees of Salt Lake City effective July 1, 1990 and ending June 30, 1991 . The Compensation Plan would be effective for fiscal year 1990-91 unless, prior to June 30, 1990, a Memorandum of Understanding was approved by the certified bargaining representative for the 400 Series Employees and the Mayor, as the Chief Administrative Officer for the City. The International Association of Firefighters, Local 1645, as the certified bargaining representative for the 400 Series City Employees , and the Mayor, approved a Memorandum of Understanding prior to June 30, 1990 . The Memorandum of Understanding was executed by the Mayor and the International Association of Firefighters , Local 1645 on July 6, 1990 . Section 9 (c) of the Salt Lake City Third Amended Labor Bargaining Resolution dated April 10, 1984, provides that no collective bargaining Memorandum of Understanding shall be effective until the City Council approves the Memorandum of Understanding, enacts implementing legislation and appropriates all required funds . The Memorandum of Understanding is a two year agreement effective for fiscal years 1990-91 and 1991-92 . The City Council has appropriated necessary funds required to implement the provisions of the attached Memorandum of Understanding for fiscal year 1990-91 . For fiscal year 1991-92, the Memorandum of Understanding shall be subject to appropriation of funds by the City Council. Accordingly, the City Council wants to approve the attached Memorandum of Understanding between Salt Lake City Corporation and the International Association of Firefighters, Local 1645, which would supersede the Compensation Plans adopted by Section 2 .52 . 115 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . PURPOSE. The purpose of this Ordinance is to approve the Memorandum of Understanding dated July 6 , 1990 executed by the Mayor, as the Chief Administrative Officer for the City and the International Association of Firefighters, Local 1645, representing the 400 Series -2- Employees, pursuant to Section 9 (c) of the Salt Lake City Third Amended Labor Bargaining Resolution dated April 10, 1984 . The Compensation Plan adopted by Section 2 . 52 . 115 of the Salt Lake City Code shall be superseded by the Memorandum of Understanding dated July 6, 1990 . SECTION 2 . The attached Memorandum of Understanding between the City and the International Association of Firefighters , Local 1645, is hereby approved. SECTION 3 . AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby authorized to act in accordance with the terms and conditions of the attached Memorandum of Understanding. SECTION 4 . EFFECTIVE DATE. This Ordinance shall be deemed effective on its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER APPROVED AS TO FORM Salt Lake City Attomey's Office Date—�L= 90 By, - 4211A4r. -3- Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER FMN:cc -4- CONTRACT ROUTING FORM REQUESTING DEPARTMENT/DIVISION DATE DEPARTMENTAL CONTACT PHONE NAME OF CONTRACTING PARTY REF # SUBJECT /t/EGOTIILTCA St TTL�/L�v � Yes No Number of Copies Insurance Required Expected Completion Insurance Attached RECORDER FINANCE Contract No. 7/- Vendor No. Account No. Funds Availablpjt4 .� Funds Not Needed ATTORNEY APPROVED AS TO FORM Date 1 �- p li/1-416/1k . COPY DISTRIBUTION Date To AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING THIS AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING, is entered into this (j day of , 1990, by SALT LAKE CITY CORPORATION, herei ter eferred to as the "CITY" , and Local 1004 of the AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES; affiliated with AFSCME International AFL-CIO, hereinafter referred to as the "UNION, " WITNESSET H: WHEREAS, the CITY has endorsed the practices and procedures of collective bargaining specified in its collective bargaining resolution of November 16, 1977, as amended on April 10 , 1984, hereinafter referred to as the "RESOLUTION" , as a fair and orderly way of conducting its relations with its employees insofar as such practices and procedures are appropriate to the functions and obligations of the CITY and to retain the right effectively to operate in a responsible and efficient manner, consistent with the paramount interests of the CITY; and WHEREAS, the City and the Union entered into a Memorandum of Understanding on June 30, 1989 . The Memorandum of Understanding was effective from July 1, 1989 through June 30, 1991 . In said Memorandum of Understanding the Union and the City mutually agreed to reopen the Memorandum for fiscal year 1990-91 on the following issues: wages and salaries , pensions, insurances, snowfighter pay, allowance incomes and reimbursements; and WHEREAS , the City and the Union have negotiated and have reached agreement on wages and salaries, pensions, insurances, snowfighter pay and allowance incomes and reimbursements for fiscal year 1990-91; and WHEREAS, the City and the Union want to amend the Memorandum of Understanding dated June 30, 1989 to reflect the agreement on wages and salaries, pensions, insurances, snowfighter pay and allowance incomes and reimbursements for fiscal year 1990-91 with all other provisions of said Memorandum remaining in full force and effect; and WHEREAS, the parties recognize that this Amendment to the Memorandum of Understanding, hereinafter referred to as the "MEMORANDUM" , is not intended to modify any of the discretionary authority vested in the CITY by the Constitution and Statutes of the State of Utah, the body of law developed thereunder or under its ordinance or Collective Bargaining Resolutions or any ordinance superseding the Collective Bargaining Resolutions; and WHEREAS , it is the intention of the parties that this Memorandum, where not otherwise mandated by statute or ordinance, governs the salary structure, fringe benefits and employment conditions of all the employees classified by the City as "200 Series" , hereinafter referred to as the "UNIT" to prevent interruptions to work and promote the efficient operation of the CITY, and to provide an orderly and prompt method of handling and processing grievances . NOW, THEREFORE, the parties hereto declare their mutual understandings as follows : ARTICLE I . PRODUCTIVITY AND CONSTRUCTION OF MEMORANDUM Delivery of municipal services in the most efficient, productive and courteous manner is of paramount importance to the CITY and the UNION. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities . All provisions of this MEMORANDUM shall be construed in compliance with such obligation and shall not abrogate in any respect provisions of the CITY' s Collective Bargaining Resolution or the Ordinances of Salt Lake City, Utah. All questions of interpretation of this MEMORANDUM shall be resolved according to Article XXIII of this memorandum. ARTICLE II . RECOGNITION The CITY recognizes the UNION as the exclusive bargaining agent pursuant to the CITY's Collective Bargaining Resolution for the purpose of negotiating salaries, wages, hours and other conditions of employment for employees in the UNIT. These rights of the employees ' bargaining agent shall remain in effect subject to the terms and conditions of the Resolution. ARTICLE III . MANAGEMENT RIGHTS The City retains the exclusive rights to manage all phases of its operations and to direct its work force except -2- as specifically modified, curtailed, delegated, or relinquished under the terms of this MEMORANDUM. ARTICLE IV. EMPLOYEE RIGHTS A. CITY employees shall have the right to join and participate in the activities of the Union of their own choosing for the purpose of representation on all matters of employee relations or to refuse to join or participate in such activities and shall have the right to represent themselves individually in their employment relations with the CITY. Employees shall be free from any and all restraint or coercion in the exercise of their rights and shall not be discriminated against, because of membership or non-membership or activity or non-activity with the UNION. B. Both parties to this MEMORANDUM agree to assure equal employment opportunity to all employees and applicants for employment and to prohibit any employment practice which discriminates against any employee or applicant for employment with respect to compensation, terms , conditions or privileges of employment because of an individual ' s race, color, religion, national origin, marital status , eligibility for military service, sex, age (as provided by Law) or mental or physical handicap, to the full extent required by law. It is further agreed that representatives of both parties shall comply with this provision in the administration of this MEMORANDUM. C. If the subject matter of discussions with an employee and a decision by the CITY thereon would effect an interpretation or change in this MEMORANDUM, the UNION shall have the right to be heard before final action is taken by the CITY. D. The CITY shall make available to the UNION for distribution one ( 1) copy of this MEMORANDUM for each employee in the UNIT, in design and form determined by the CITY. The CITY agrees to consult with the UNION on mode of distribution of such copies . E. The rights specified in this Article shall be in addition to grievance rights granted under Article XXIV of the MEMORANDUM, relating to the presence of stewards and other persons in disciplinary proceedings . -3- ARTICLE V. UNION RIGHTS A. The UNION shall have the right to present its views to the CITY either orally or in writing. A representative of the UNION shall, at an employee' s request, be given the opportunity to be present for hearings in processing an employee' s grievance under the CITY' s grievance procedure. The UNION accepts the responsibility for, and agrees to represent in good faith, the interests of all employees in the UNIT without discrimination and without regard to membership in the UNION. B. The CITY agrees to recognize the officers and duly designated representatives of the UNION. The UNION agrees to keep the CITY advised, in writing, of its officers and stewards . The number of UNION stewards shall be the number reasonably required, as determined by consultation, to assure that each employee in the UNIT shall have access to a UNION steward; the duly designated UNION stewards shall, upon proper notification to their immediate supervisors and receipt of permission from such supervisors, be allowed a reasonable opportunity, during working hours, for the purpose of investigation, adjustment, and/or representing employees in grievances; provided that the CITY may require that no more than one steward shall be allowed such privileges, during working hours, for any one incident, regardless of the number of employees involved. Such permission shall not be unreasonably denied. The agreed upon number of stewards shall be distributed as follows: Police Records 1, Dispatch 2, Animal Control/Parking Enforcement 1, Finance 1, Public Utilities 9 , Fleet 1, Public Works 5, City Hall 1, Courts 1, Airport 6 , Parks 4 . The UNION shall identify the representatives on July 1 of each calendar year to the Director of the Department of Human Resource Management. Any changes shall be reported as soon as is practical . It is the intent of this Agreement to limit the total number of stewards representing both 100 and 200 series employees to 32 stewards . C. It is agreed that internal UNION business such as soliciting membership, collecting dues, electing officers, membership meetings, and posting and distributing literature shall be conducted during the non-duty hours of the employees with the exception of the following: -4- 1 . One UNION representative from each department shall, upon receipt of permission from such employee' s immediate supervisor, be allowed a reasonable period during working hours, to attend UNION meetings or to participate in other UNION business as necessary, up to a maximum period of two hours per month, unless otherwise approved by the Department Head. 2 . Employees designated as official delegates to UNION conferences and conventions shall be allowed time off with pay for the purpose of attending such conferences and conventions not to exceed fifteen ( 15) working days per calendar year. 3 . This does not preclude the business representative from delivering Union material to the designated bulletin board when it does not interfere with normal work routine. The UNION shall provide the CITY 15 days ' notice of all conferences and conventions; and, in all cases , the employees shall obtain prior permission from their immediate supervisors at the earliest opportunity. Such permission shall not be unreasonably denied. D. The business representative may provide written information about the UNION to coincide with other new employee written materials, to be distributed during new employee orientation. E. The CITY agrees to deduct twice a month, UNION membership dues and other fees designated by the UNION from the pay of each employee who individually requests in writing that such deductions be made. The CITY further agrees to cease deduction of such fees upon written request by the UNION. The CITY shall provide to the UNION a list of membership additions and deletions and current addresses , telephone numbers, and original dates of hire when available as computed by the CITY' s payroll department . Such information shall be provided upon the UNION' s request semiannually with ten days advance notice. F. The CITY agrees to designate space not less than four (4 ) feet wide and three ( 3) feet long in convenient view as determined by the CITY at the Water Department Complex at the Public Works Department Complex at the -5- Salt Lake City International Airport, the Parks Department Complex, at the Salt Lake City Cemetery shops, Fleet Management shops, Water Reclamation Plant, Parking Enforcement Office, the City and County Building, Office of Human Resource Management, and the Police and Fire Department Administration Building. Said space shall be available to the UNION for posting notices bearing the written approval of the UNION and shall be restricted to non-partisan and ethical matters . They may include: notices of UNION recreational and social affairs; notices of UNION elections; notices of UNION appointments and results of UNION elections; notice of UNION meetings and agenda; notices concerning bona fide UNION activities such as cooperatives, credit unions and unemployment compensation information; and/or other notices . The Labor Management Committee shall make recommendations to the Mayor regarding placement of additional bulletin boards which shall be maintained by the UNION for the purpose of UNION posters , according to the criteria of this article. There shall be no other general distribution, solicitations or posting of pamphlets, advertising or political matter, notices, or any kind of literature or solicitations upon CITY property other than as herein provided. Nothing herein shall be construed to prohibit distribution of appropriate UNION publications or notices as defined hereinabove to members of the bargaining UNIT and as described in Article V C( 3 ) . ARTICLE VI . WAGE SCHEDULE Salaries for full-time and probationary employees in the Unit shall be paid according to the salary schedule set forth in Appendix "A" effective July 1, 1990 to midnight June 30 1991 . All Unit employees shall be moved from the pay schedule which was effective for fiscal year 1989-90 to the new schedule (Appendix "A" ) as follows: All Unit employees shall move to the step in the same pay class on the new pay schedule (Appendix "A" ) closest in amount to the employees ' base salary on June 30, 1990 (according to the pay schedule effective for fiscal year 1989-90 ) and which also will not result in a decrease in the employees ' base salary on June 30, 1990 . -6- From July 1 , 1990 to June 30, 1991, employees shall be eligible for a merit increase on their anniversary date in accordance with the salary schedule provided in this Article VI (Appendix "A" ) . All full-time salaried employees shall be paid monthly salaries . Part-time and seasonal employees shall be paid on an hourly basis . No employee paid on an hourly basis shall receive in excess of the starting rate of pay for similar job duties under the wage structure for employees newly hired as a full-time salaried employee. Further, all Unit employees who are at the "P step" on June 30, 1990 (according to the wage schedule effective for fiscal year 1989-90 ) shall receive a onetime incentive payment of Three Hundred Dollars ($300 ) on or before August 15, 1990 . ARTICLE VII . WAGE/SHIFT DIFFERENTIAL In addition to the wage rates referred to under Article VIII, the CITY shall pay an hourly premium of $ . 40 to full- time salaried employees who work a regularly scheduled swing shift (starting hours between 12: 00 Noon and 8 : 59 p.m. ) and $ . 40 to employees who work a regularly scheduled night shift (starting hours between 9 :00 p.m. and 5:59 a.m. ) , or the relief shift in the Salt Lake City Police Department (consisting of 2 night shifts, 2 swing shifts , and 1 day shift, all within an employee' s regularly scheduled work week) . Shift differential premiums shall be used in the computation of overtime pay under Article IX of this MEMORANDUM; however, such premium shall not be used to compute compensation for any premium pay or minimum hourly guarantees . Unit employees shall be entitled to a continuation of shift differential pay for holiday or vacation periods in which they are absent. There shall be no shift differential pay allowed in conjunction with sick leave benefits . The aforementioned conditions shall apply to persons working both regular and ten ( 10 ) or twelve ( 12 ) hour shifts . Provided however, that any employee otherwise qualified for the allowance, who is absent from normal scheduled work more than 80 hours in a month, shall be ineligible to -7- receive the allowance for that month. Vacation and compensatory time shall not be considered as absent work days for purposes of determining eligibility for the allowance described in this Article VIII . ARTICLE VIII . HOURS OF SERVICE AND OVERTIME A. HOURS OF WORK Forty hours shall constitute a normal work week, except for work incentive programs approved by the CITY, provided however, only work in excess of 40 hours per week shall be considered as overtime work. Overtime work is to be discouraged. In case of emergency or whenever public interest demands, an employee may be required to perform overtime work by a department head. For the purposes of this article, a shift change shall mean a change from one permanent shift (day shift, swing shift, graveyard shift) to another shift . An emergency shall be defined as an act of God, i .e. , earthquakes , floods and tornados or any other circumstance as may be declared by the Mayor, Department Head or the Salt Lake Emergency Management Plan. This clause shall not be construed to limit or prevent the CITY from changing or establishing work shifts as the need arises or to guarantee employees forty hours work per week. The City with the concurrence of the UNION has adopted variable 40 hour work week schedules including 8 hour, 10 hour, and 12 hour shifts . It is the intent of the CITY to give 10 working days notice of any work schedule and shift changes to all affected employees . In the event such notice is not given to affected employees , the CITY will provide call back pay for each working day less than the required 10 working day notice. Such call back pay shall not be paid in emergencies . Notice of a shift change shall be given by the City orally and in writing to employees affected in accordance with the terms of Article VIII . B. REST PERIODS Employees shall be entitled to a fifteen-minute rest period or coffee break during each consecutive four (4 ) -8- hour working period, which time shall be included within the work shift, except where extraordinary circumstances render such break impracticable. Effort shall be made to provide such breaks near the middle of each four (4 ) hour work period; provided, however, there shall be no additional compensation paid to employees electing or required to forego such rest period. C. MEAL PERIODS All employees shall be granted to, but not to exceed, a 60 minute lunch period during each work shift; provided, however, said lunch period shall be scheduled in accordance with operational needs of the department by the shift supervisor. No employee shall be compensated for such periods unless the employee is required by the supervisor to be on the work site, and is required to perform any work during such time, then such employee shall be paid for the work. If, in lieu of payment, the employee wishes to end the work shift early by the same number of minutes worked into the lunch break employee may elect to do so with the consent of the supervisor. D. CLEANUP PERIOD Employees shall be granted a personal cleanup period prior to the end of each work shift. The duration of such period shall be as determined to be hygienically necessary by an employee' s immediate supervisor, not to exceed a maximum of fifteen ( 15 ) minutes per duty shift, exclusive of shutdown and travel times , unless a longer period has first been authorized by the immediate supervisor based upon extraordinary need and circumstances . E. OVERTIME COMPENSATION 1 . Employees required to perform overtime work shall be compensated either by pay at one and one-half the applicable hourly rate, or an allowance of time off from employment with pay on the basis of 1 . 5 hours off for each hour of overtime worked. The determination of whether to award pay or compensatory time off shall be the absolute discretion of the CITY, except, however, that employees may indicate a preference for the form of overtime payment, contingent upon approval by the department head, scheduling requirements and availability of funds . Provided, however that if -9- an employee accrues more than 240 hours of compensatory time, the City shall pay for any overtime worked in excess of the 240 hours . Employees are allowed to accumulate and maintain 40 hours minimum of compensatory time if such is allowed as compensation for overtime. Overtime work shall be distributed among qualified employees on the following basis : (a) A reasonable attempt shall be made to offer overtime work to qualified employees on a rotation basis, first to the employee with the least amount of overtime hours worked or offered for the month, and so on until the overtime work has been accepted or until all employees contacted have declined such work so that at the completion of the calendar year all employees ' overtime hours are reasonably equal . In cases where 2 or more employees have an equal number of overtime hours as set forth above, seniority shall govern. Hours of overtime work offered but declined by an employee shall be computed as time worked for purposes of determining overtime eligibility under this paragraph; however, nothing in this section shall require payment for overtime hours not worked. (b) If no qualified employee accepts overtime work under the foregoing provisions, overtime assignments shall be made by the CITY by first attempting to contact the qualified employee with the least City seniority, (except for unit employees in the Police and Fire departments, where rank seniority shall govern) and thereafter to the next least senior qualified employee, and so on, until all overtime work assignments have been made . For an employee to refuse an overtime assignment under this paragraph could be grounds for disciplinary action. When time off from employment is allowed as compensation for overtime, such time off shall be granted within twelve (12 ) months from the performance of overtime work. (c) A department head may set by policy the amount of compensatory time hours an employee -10- may accumulate at any one time. This maximum accumulation shall be based on departmental needs, budget constraints and consideration for the employee' s best interests . Provided however that if an employee accumulates more than 240 hours compensatory time, the City shall pay for any overtime worked in excess of the 240 hours . 2 . An employee may be required to work on holidays designated hereunder and shall be granted straight time pay for holidays so worked. Such employees, however, may designate an alternate day to celebrate a worked holiday, provided the day designated is within on calendar year following the holiday worked, and a written request is approved in writing by the employees ' supervisor, who shall have the sole and absolute discretion to approve any such request. Unless otherwise agreed to in writing by the parties, holiday work selections shall be made by departmental seniority. All paid time shall be defined as time worked for purposes of overtime computation; provided, however, that pay premiums or unworked hourly guarantees shall be excluded from such computation. 3 . An employee who, with supervisory approval, works two ( 2) or more additional hours to their regular duty shift shall be paid four dollars and fifty cents ( $4 . 50) as reimbursement for meals . Thereafter, employee(s) shall receive four dollars and fifty cents ($4 . 50) for each additional consecutive four (4) hours of work. Attempts to avoid the intent of this paragraph will be discouraged. 4 . An employee shall be entitled to receive compensation for a criminal or civil court appearance made during his or her off-duty hours as a witness subpoenaed by Salt Lake City or the State of Utah as follows : a . Felony and class "A" misdemeanor cases : four ( 4 ) hours of hourly base pay. b. All other misdemeanor, traffic and other cases, including juvenile court and drivers license cases and all civil cases : Three ( 3 ) hours of hourly base pay. -11- Compensation shall be provided by authority of this section only if : a . The time of the required appearance and of the witness ' s release is noted on the subpoena and initialed by the prosecuting or City Attorney. b. The specified time of appearance is not within one ( 1 ) hour of commencement or completion of a duty shift, or the witness is required to appear during a duty shift and is released from appearance more than one ( 1 ) hour after completion of that shift. c . A copy of the witness ' s subpoena complying herewith shall have been delivered to the witness ' s supervisor within seven (7 ) days following the court appearance. Compensation shall be provided hereunder for no more than two (2 ) appearances per day. A second appearance shall be compensable only if it is specified to occur: a. More than four (4 ) hours after commencement of a witness ' s appearance in a felony case; or b. More than three (3 ) hours after any other appearance compensable hereunder. The prosecuting or City Attorney shall have the right and the duty to refuse to initial the subpoena of any witness who through tardiness, absence or neglect fails to appear in compliance with the terms of the subpoena. Any employee failing to appear in compliance with the terms of a formal notice or subpoena shall be subject to disciplinary action. F. AVAILABILITY FOR WORK Any employee failing to remain available for work as required or to report to work in suitable condition to perform job functions, shall be subject to disciplinary action and forfeiture of applicable compensation; provided, however, that employees directed to return to work on callback status shall not be disciplined if they, as early as possible, inform the supervisor of -12- any incapacity to perform the work directed. Any employee determined as unfit at the time of report to callback duty shall not receive any compensation otherwise due him or her. G. INCLEMENT WEATHER Employees reporting to work on normal scheduled working days shall be guaranteed 3 hours regular pay at their straight time rate when management directs no work be undertaken and they are requested to return home. If any work is performed, employee shall be guaranteed 8 hours straight time. H. STANDBY PAY Employees may be required by an appropriate department head or designated representative to keep themselves available for City service during otherwise off-duty hours and leave word where they can be reached for an immediate call to service. Employee(s) required to stand by as described in this Article VIII to respond to emergency situations shall receive two hours straight time pay per each 24-hour day they are on the limited standby status . In addition thereto, each such Employee shall be guaranteed a minimum four (4 ) hours work or straight-time pay therefor on such occasions as they actually report to work while on the limited standby status . Provided, however, that employees in the Department of Public Utilities and the Airport exclusively shall receive 2 hours of straight time pay per each 12 hour period they are on limited standby. Employees receiving snowfighter allowance pursuant to Article X shall not be affected by the additional standby allowance provided herein. Employees shall receive an additional two (2) hours straight time pay for each occasion called to work, during the 24-hour limited stand by period, after the first occasion when the four hours is guaranteed. I . CALLBACK PAY Employees who have been released from normally scheduled work and standby periods and who return to work upon direction of an appropriate department head or designated representative, without advance notice or scheduling, shall receive a premium of three ( 3 ) hours straight-time pay and shall be guaranteed a minimum four (4 ) hours work or straight-time pay therefor. This Article X shall not be construed as a shift change as described under Article VIII . -13- ARTICLE IX. HOLIDAYS A. HOLIDAYS SPECIFIED The following days shall be recognized and observed as holidays for all full-time, salaried employees and all such employees shall receive their regular rate of pay for each of the following unworked holidays . Employees working 10-hour or 12-hour shifts shall be allowed the following days without reimbursement to the City. (Part-time and seasonal employees shall not be entitled to holiday benefits ) : 1 . The first day of January, called New Year' s Day; 2 . The third Monday of January observed as the anniversary of the birth of Martin Luther King, Jr. , also known as Human Rights Day. 3 . The third Monday of February, observed as Presidents Day. 4 . The last Monday of May, called Memorial Day; 5 . The fourth day of July, called Independence Day; 6 . The twenty-fourth day of July, called Pioneer Day; 7 . The first Monday in September, known as Labor Day; 8 . The second Monday of October, known as Columbus Day; 9 . The eleventh day of November, known as Veterans ' Day; 10 . The fourth Thursday in November, known as Thanksgiving Day; and 11 . The twenty-fifth day of December, called Christmas . 12 . One personal holiday can be taken upon request of the employee at the discretion of the department head. Employees shall accrue and be granted this holiday only after satisfactorily completing their initial probationary period. -14- Approval or disapproval of the holiday shall be given no later than five ( 5 ) working days after employee' s request . B. ALTERNATIVE AND ADDITIONAL HOLIDAYS When any holiday listed above falls on Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or the City Council . C . HOLIDAY WORK Full-time, salaried employees required to work because of special assignment or regularly scheduled shift on a day designated for celebration of a holiday hereunder shall, in addition to their holiday pay, receive pay at their regular rates or compensatory time off on a straight-time basis; provided, however, that when hours worked plus designated holiday hours exceed 40 hours in a single work week, overtime compensation shall be granted an employee in addition to his or her holiday pay. For purpose of this section, hours worked shall be construed as paid time as defined under the overtime section of this MEMORANDUM. D. HOLIDAY PAY LIMITATION No employee shall receive in excess of one day of holiday pay for a single holiday. All employees must work or be on authorized leave their last scheduled working hours before the next scheduled working day following the holiday to qualify for holiday pay. E. COLUMBUS DAY EXCEPTION Columbus Day may be celebrated within 45 days following the date of its actual occurrence as specified in Section A above; provided, however, that an employee may celebrate said Columbus Day on a day other than specified if a written request is approved in writing by the employee' s supervisor, who shall have the sole and absolute discretion to approve any such request . -15- ARTICLE X. VACATIONS A. VACATIONS AUTHORIZED Full-time, salaried employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions of this Article. Part-time and seasonal employees shall not be entitled to any vacation, termination or other benefits provided herein. Every full-time salaried employee shall earn a vacation period monthly from the date employee becomes a full- time salaried employee; provided further, that no person shall be entitled to any vacation unless such person shall successfully complete his or her initial probationary period of full-time salaried employment with the City. B. VACATION SCHEDULE 1 . Except as provided in Article X B ( 2) , employees shall accrue vacation under the schedule in paragraph 3 of this section; provided that no person shall be entitled to any vacation unless such person has successfully completed their initial probationary period. 2 . Employees who become full time salaried employees before June 30, 1986 and who have elected to continue using the former vacation schedule shall accrue vacation as outlined in paragraph C of this section. The election to accrue vacation pursuant either to the former vacation schedule (paragraph 4 ) or the vacation schedule outlined in paragraph 3 is a one time election and cannot be changed by the employee at a later date. 3 . Completed Years Hours of Hours Accrued of Consecutive Vacation Per Year Per Biweekly City Service Pay Period 0 to completion of year 1 40 1 .54 Beginning of year 2 to completion of year 3 80 3 . 08 Beginning of year 4 to completion of year 6 96 3 . 69 Beginning of year 7 -16- to completion of year 9 120 4 . 62 Beginning of year 10 to completion of year 12 144 5 .54 Beginning of year 13 to completion of year 15 160 6 . 15 Beginning of year 16 to completion of year 19 176 6 . 77 Beginning of year 20 or more 200 7 . 69 C. FORMER VACATION SCHEDULE Completed Years Hours of Vacation Hours Accrued of Consecutive Per Year Per Biweekly City Service Pay Period 0 to 9 96 3 . 69 10 to 14 136 5 . 23 15 or more 176 6 . 77 D. RULES FOR TAKING VACATION ( 1 ) Employees with the greatest City seniority shall be given the first consideration for requested vacation periods . Supervisors shall respond to vacation requests by granting or denying each request as soon as possible or at least within ten ( 10 ) working days . Employees shall submit requests for vacation for the calendar year during the period commencing January 1 and ending January 31 of each year. Employees shall be granted vacation on a City seniority basis . The departments shall post the vacation schedule for the calendar year by March 1 of each year. Requests for January vacation shall be submitted in November of the previous calendar year. ( 2 ) Employees called back to work during a vacation period shall be compensated for the time worked at time and one-half . An Employee shall not be paid vacation compensation during the callback however, the employee shall be allowed to reschedule the remaining vacation not used. ( 3 ) Employees may accumulate vacations according to the length of their full-time, cumulative active- duty employment with the CITY up to the following maximum limits : (a ) After 6 months - up to 200 hours -17- (b) After 9 years - up to 240 hours (c) After 14 years - up to 280 hours Any vacation earned or accrued beyond said maximum shall be deemed forfeited unless utilized prior to the end of the calendar year in which such maximum has been accrued. (4 ) Except upon termination as provided in Section E, or purchase as provided in Section F, no employee shall be entitled to be paid for vacation earned but not taken. E. BENEFITS UPON TERMINATION 1 . Every employee whose employment is terminated by resignation or otherwise, shall be entitled to be paid for: (a ) All earned vacation time accrued, unused, unforfeited and lawfully forwarded from previous years, plus; (b) A termination benefit consisting of all vacation accrued, unforfeited and unused for the year of employment during which the termination shall occur. (c ) In cases of permanent separation, the CITY shall use its best efforts to compensate employees for unused compensatory time off, within thirty ( 30) days from the date of termination. (d) Employees subject to layoff because of lack of work or lack of funds shall be eligible for reimbursement of 50% of their accumulated unused sick leave hours . 2 . An employee resigning from the CITY and giving less than ten ( 10) working days ' notice shall be eligible for reimbursement for all but up to two days of their accrued, unused vacation pay. All full-time salaried employees shall not be eligible to use accrued vacation until the successful completion of their initial probationary period. F. CASH PAYMENT OF EARNED VACATION TIME IN LIEU OF USE 1 . The CITY may purchase up to, but not exceeding, 80 hours of earned and accrued vacation time, to -18- which an employee is entitled as authorized in this article, with the consent of said employee and upon favorable written recommendation of the employee' s department head. 2 . Said purchase of accrued vacation time may be authorized, in the sole, exclusive and absolute discretion of the CITY, when, in its judgment, it is demonstrated that: (a) Vacation time is accrued and earned in accordance with this agreement; (b) The cash payment in lieu of vacation time use shall not interfere with an employee' s performance or create an unreasonable hardship on said employee; (c ) There is a demonstrated need for the CITY to retain the services of the employee for the said vacation time; (d) There are sufficient monies in the departmental budget to pay for the vacation time as certified by the City Finance Director or designee, without disturbing or interfering with the delivery of CITY services; and (e) The employee consents voluntarily to the cash payment in lieu of time off from his or her regular work schedule. The foregoing, notwithstanding, under no circumstances may the CITY purchase more than 80 hours of said earned but unused vacation time from a single employee during any twelve month period. 3 . The amount to be paid for any such purchase of vacation time as provided herein shall be based on the wage or salary rate of the said employee at the date of approval by the CITY. However, under no circumstances shall any overtime compensation be paid, computed or accrued by virtue of the CITY authorizing an employee to work a vacation period and receive cash payment therefor in lieu of use. 4 . The CITY and its departments shall extend a diligent effort to provide every employee his or her earned annual vacation and shall, through appropriate management efforts, seek to minimize the recommendations for cash payments in lieu of vacation use . Any vacation purchased by the CITY -19- shall be considered to be an extraordinary circumstance and not a fringe benefit of the employee . ARTICLE XI . SICK LEAVE AND HOSPITALIZATION BENEFITS A. SICK LEAVE POLICY AND PROCEDURES 1 . Sick leave shall be provided for all full-time salaried employees only, as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. Maternity leave shall be treated as any other disability. 2 . Each full-time, salaried employee shall be entitled to 120 hours of sick leave each calendar year, after successful completion of their initial probationary period. Sick leave shall be granted in a lump sum 120 hours during the first month of each calendar year. Employees who separate from the CITY for any reason prior to the end of the 12th month of the calendar year shall have sick leave for the period prorated back to the CITY on an hourly basis per month as follows . January 120 hours February 110 hours March 100 hours April 90 hours May 80 hours June 70 hours July 60 hours August 50 hours September 40 hours October 30 hours November 20 hours December 10 hours 3 . Employees absent from work on account of illness or injury shall report intended absence to their department head or supervisor when possible before commencement of their duty shift as soon as practical, but in no event later than fifteen (15 ) minutes before commencement of such shift unless justified by extraordinary circumstances . -20- 4 . An employee requesting sick leave in excess of two consecutive days or who is above the City average for sick leave usage may be required by his or her immediate supervisor to provide documentation by a written certification from a licensed practicing and attending physician, that during the period of leave, the absent employee was prevented by illness from discharging the duties required by his or her office or position of employment. Such certification shall be required of any employee claiming sick leave benefits not reported in compliance with subsection 3 or when a supervisor or department head has probable cause to believe an abuse of sick leave has occurred. 5 . Disciplinary action shall be deemed mandatory for abuse of sick leave privileges or procedures, except where the employee demonstrates justifiable excuse. 6 . Employees who have accrued at least ( 80 hours) sick leave may be allowed to use no more than 16 hours of accrued sick leave per calendar year for their physician' s and dentist' s appointments . This leave may be used only upon prior approval of the employee' s immediate supervisor. This leave must be taken in minimum one-hour time periods . The CITY reserves the right to require written verification of actual attendance for the time claimed by the employee pursuant to this paragraph. B. ACCUMULATION OF SICK LEAVE Authorized and unused sick leave may be accumulated from year to year subject to limitations of Section G of this article. C. SICK LEAVE CONVERSION TO VACATION TIME Any employee who has accumulated to his credit two hundred forty (240 ) sick leave hours may choose to convert a portion of the yearly sick leave grant for any given year to vacation hours according to the following schedule: No. Hours Sick Leave Used No. Hours to Convert 0 40 8 32 16 24 -21- 24 16 32 8 40 0 For employees working 10 hour shifts No. Hours Sick No. Hours to Leave Used Convert 0 40 10 32 20 24 30 16 40 8 50 0 For employees working 12 hour shifts No. Hours Sick No. Hours to Leave Used Convert 0 40 12 32 24 24 36 16 48 8 60 0 D. SICK LEAVE CREDIT FORWARD The balance of the sick leave hours not converted to vacation days as permitted above, less the number of hours used during that calendar year as sick leave shall be carried forward as accumulated sick leave hours . E. NOTIFICATION OF CONVERSION ELECTION Any election by an employee to convert any sick leave to vacation time must be made by notifying the Department of Human Resource Management, in writing, on or before January 31 of each year; the City shall make available to employees information regarding sick leave use for the previous year and forms to request conversion; otherwise, no conversion shall be allowed for that calendar year and such conversion privilege shall be deemed waived for that calendar year. In no event shall sick leave hours be converted for other than the immediately preceding year' s sick leave allocation. -22- F. PRESUMPTION OF USE Any sick leave properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other days of vacation time to which the employee is entitled; provided, however, that in no event shall any sick leave converted to vacation days be entitled to any pay or compensation upon an employee' s termination. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee; however, for purposes of this section, conversion hours shall be construed as used prior to vacation otherwise accrued by an employee. G. SICK LEAVE BENEFITS UPON RETIREMENT In addition to the sick leave conversion privilege to vacation days above described, at retirement an employee (or his estate, where death follows retirement but precedes payment) shall be eligible to receive a retirement benefit as stipulated in Salt Lake City Ordinance No. 6 of 1989 . Persons who retire under the eligibility requirements of the Utah State Retirement System and are not eligible under the above referenced order will be paid in cash at their then current pay scale, a sum equal to their daily rate of pay for 25 percent ( 25% ) of the accumulated sick leave days reserved for the benefit of said employees at the date of his or her retirement. In lieu of the above, employee may elect to convert sick leave privilege to hospital and surgical coverage. 50% of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement . The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. An employee' s available dollar allowance determines the number of months of medical and surgical coverage may be purchased. If insurance costs go up due to group experience, the number of months of coverage will decrease. H. HOSPITALIZATION In addition to the sick leave authorized hereunder, each full-time, salaried employee shall be entitled to thirty (30 ) 8 hour calendar days hospitalization leave each calendar year, provided that such leave may be taken only if, and during the period that, such -23- employee is actually confined to an acute care hospital or other free standing outpatient surgical facility. No accumulation of hospital leave shall be allowed. I . UNAUTHORIZED SICK LEAVE AND HOSPITAL BENEFITS No employee shall be entitled to receive sick leave or authorized hospitalization benefits as a result of injuries , or disability resulting from accidents arising out of or in the course of his or her employment for an employer other than the CITY. J. REGULAR SALARY TO BE CONTINUED Each employee who takes authorized sick leave or authorized hospitalization leave shall continue to receive his or her regular salary during his or her absence from work for the periods set forth in this article. K. LIGHT DUTY PROVISION The CITY may if practical, allow an employee a light duty position while recovering from a temporary disability. ARTICLE XII . DISABILITY COMPENSATION 1 . If an employee of the CITY becomes entitled to receive worker' s compensation as a result of suffering a CITY service-connected injury or illness, such employee shall be paid worker' s compensation as provided by law; provided, however, that the employee may elect to use, during such disability, their accumulated sick leave credit and vacation time, such part of their wage or salary as shall, when added to their worker' s compensation payments, equal to their regular wage or salary; and provided further, that satisfactory evidence of such election shall be transmitted by said person to the Department of Human Resource Management prior to payment. 2 . The City will make reasonable efforts to make "light duty" work available to an employee injured on the job, as defined by the Worker' s Compensation Act, provided that the employee is able to perform the "light duty" work and the employee has presented a release by their physician to the City certifying that the employee is able to return to work. -24- 3 . Long term disability shall be provided to eligible employees under the City' s Income Protection Program (Long Term Disability Plan) . ARTICLE XIII . PART-TIME AND SEASONAL EMPLOYEES Part-time, and temporary employees shall not be entitled to any leaves or other employment benefits whatsoever, unless required by Federal, State or municipal Law. ARTICLE XIV. LEAVES OF ABSENCE Full-time, salaried employees shall be eligible for leaves of absence under the following circumstances : A. FUNERAL LEAVE 1 . Time off with pay shall be granted a full-time salaried employee who suffers the loss of a wife, husband, child mother, father, stepmother, stepfather, stepchild, brother, sister, father-in- law, mother-in-law , grandchild, grandfather or grandmother. In the event of death in any of these instances , employees shall be paid his or her regular base pay for scheduled work time from the time of death through the day of the funeral not to exceed 5 working shifts . Employees shall be permitted one additional paid shift of funeral leave, on the day following the funeral, if such funeral is held more than 150 miles distance from Salt Lake City and if the day following the funeral is a regular working shift. Satisfactory proof of such death, together with the date thereof, the date and location of the funeral, and the date of burial, must be furnished by the employee to the department head, if requested. 2 . In the event of death of relatives other than those enumerated in subsection (1 ) , an employee shall be paid for time off from scheduled working hours while attending the funeral services for such person, not to exceed one work shift. 3 . In the event of death of friends, an employee may be granted time off without pay while attending -25- the funeral services for such persons , not to exceed four hours subject to the approval of his or her immediate supervisor. Nothing in this subsection shall prevent an employee from requesting earned and unused compensatory or vacation time. 4 . In the event the death of any member of the immediate family, as set forth in subsection ( 1 ) of this article occurs while an employee is on vacation, his or her vacation shall be extended by the amount of time authorized as funeral leave under the said subsection. 5 . The provisions of this article shall not be applicable to employees who are on leave of absence. B. LEAVE OF ABSENCE OF EMPLOYEES WHO ENTER MILITARY SERVICE Every employee of CITY who enlists or is called or inducted into and enters active service in the state militia or any branch of the federal military, naval, air or marine service shall be entitled to be absent without pay from his or her other duties as required by state and federal law. C. LEAVE WHILE ON ANNUAL ENCAMPMENT All employees who are or shall become members of the organized reserve of the United States Army, Navy, Air Force, Coast Guard and Marines, shall be allowed the difference in pay between their regular rate of pay and the base pay received while on duty, not to exceed fifteen consecutive days while on duty at mandatory summer camp in connection with the reserve training and instruction of the Army, Navy, Air Force and Marines of the United States . This leave shall be in addition to annual vacation leave with pay. D. LEAVE FOR JURY DUTY All full-time salaried employees shall be entitled to receive and retain statutory juror' s fees paid for jury service in the District and Federal Courts whose jurisdictions include Salt Lake County subject to the conditions hereinafter set forth. No reduction in an employee ' s salary shall be made for absence from work resulting from such jury service whether consecutive or not. On those shifts that an employee is required to -26- report for jury service and is thereafter excused from such service during his or her regular working hours for the CITY, he or she shall forthwith return to and carry on his or her regular CITY employment. Failure to so return to work shall result in the forfeiture of that shifts pay by such employee. E. DEPENDENT LEAVE A leave of absence may be requested by an employee of for the following reasons: a. Becoming a parent through birth or adoption of newly born children. b. Due to the hospitalization of a dependent. The following provisions apply to the use of dependent leave: a . Dependent leave may be granted with pay on a straight time basis for a period not to exceed five consecutive days from the date a dependent commences residence with employee or from the date of birth of the dependent or from the date the dependent becomes hospitalized. b. The employee has accumulated and available unused sick leave. Under no circumstances shall the employee be entitled to use as dependent leave more than five consecutive working days in a calendar year. c. The employee gives notice to his/her supervisor as soon as possible under the circumstances . d. The employee provides, upon request of a supervisor, certification of birth or evidence of a child placement for adoption to his/her supervisor within five calendar days following termination of such leave. A letter may be requested from the treating physician in the event of hospitalization of a dependent within five calendar days following termination of dependent leave used for this purpose. e. An employee' s sick leave shall be reduced by the number of hours taken by an employee as dependent leave under this section. -27- F. LEAVE OF ABSENCE FOR UNION ACTIVITY One employee of the UNIT elected to UNION positions, or selected by the UNION to positions the responsibilities of which require absence from employment with the CITY, shall upon written request from the UNION, submitted to the CITY, as soon as possible under the circumstances, but in no event later than thirty ( 30) days prior to the first day of absence, receive a leave of absence, without pay, for the period of service with the UNION. Upon termination of such employee' s leave of absence, another employee shall be eligible for a leave of absence under the terms and conditions set forth above. At no time shall more than one employee within a single division of a department (if manpower allows ) be absent from work under the provisions of this section. The employee' s seniority shall, upon his/her return to work, be reinstated according to the status and classification which he or she held and was last engaged in prior to taking leave. The employee shall upon the ending of such leave be reinstated into the first vacant position, which has a similar classification and was last engaged in prior to taking leave, that the CITY has open in any of its career service departments provided that the person meets the minimum qualifications according to the status and classification which was held and was last engaged in prior to taking such leave. The employee during such leave and for one year thereafter shall have pre-bid rights . G. ADDITIONAL LEAVES OF ABSENCE Employees requesting leave for anticipated or short- term disability, such as maternity, surgery, or other medical reason, shall be allowed to take up to six ( 6 ) months ' unpaid leave without loss of seniority or position at the discretion of the department head. ARTICLE XV. LONGEVITY PAY A. LONGEVITY PAY In addition to the salaries herein provided, every employee who has completed six ( 6 ) consecutive full years of employment with the CITY, shall, after the seventh ( 7 ) anniversary date, receive a monthly longevity benefit in the sum of fifty dollars ( $50 . 00) . -28- Every employee who has completed ten ( 10 ) consecutive years of employment with the CITY shall, after the eleventh ( 11 ) anniversary date, receive a total monthly longevity benefit in the sum of seventy-five dollars ($75 . 00 ) . Every employee who has completed sixteen ( 16 ) consecutive years of employment with the CITY shall, after the seventeenth ( 17 ) anniversary date, receive a total monthly longevity benefit of one hundred dollars ($100 . 00 ) . The computation of longevity shall be based on the most recent date the employee became a full time salaried employee. ARTICLE XVI . UNIFORM ALLOWANCE Employees , when required to wear uniforms in the execution of their duties with the CITY shall have such uniforms furnished and maintained at the CITY' S expense with the following exceptions: 1 . Employees in the Public Works Department (other than welders , mechanics and parking enforcement personnel) shall maintain their uniforms at their own expense. 2 . The following employees, when required to wear uniforms in their duties with the CITY, shall receive the following monthly uniform allowances in lieu of any other uniform expense to the CITY: Parking Enforcement Personnel $40 . 00 Parking Meter Repair Personnel $40 . 00 Animal Control Officers $40 . 00 Watershed Patrol $40 . 00 Police Clerical and Dispatch Personnel $40 . 00 Fire Department Clerical and Dispatch Personnel $40 . 00 4 . A joint committee consisting of representatives from the City and the Union shall meet quarterly to review -29- and determine protective clothing and uniform needs . The composition of the committee shall reflect representation from all affected departments . ARTICLE XVII . AUTOMOBILE ALLOWANCES Employees who are authorized to use and who do use privately owned automobiles for official CITY business shall be reimbursed for their operation expenses of said automobiles at the rate of $ . 21 per mile actually traveled in official CITY business . Before payment is made to any officer or employee pursuant to the terms of this section, the use of the automobile must be authorized by the employee' s supervisor and the mileage traveled must be verified by the head of the department involved. The CITY shall provide, as of July 1, 1982, for all persons who have not been assigned a parking place or are provided parking, a $12 . 00 a month parking allowance. This shall be paid in $6 . 00 amounts on two biweekly paychecks each month. ARTICLE XVIII . TRAVEL ALLOWANCES Meal, lodging, and other allowances associated with employee travel , shall be established under general policies and procedures of the City. ARTICLE XIX. INSURANCE 1 . The CITY shall make available life, accidental death, dismemberment and health insurance to all employees covered under this MEMORANDUM, upon the terms and conditions as may be from time to time determined by the CITY. 2 . The amount which the CITY shall contribute to the employees ' insurance during the term of this MEMORANDUM is set forth in Exhibit "B" attached. Payment shall be deducted biweekly consistent with the pay periods . 3. The CITY shall continue to make available the same consulting service which shall provide limited -30- consulting by an outside confidential firm for drug abuse, alcoholism, and marriage counseling. ARTICLE XX. PENSION PLAN CONTRIBUTION The CITY agrees to pay the employee' s share and employer' s share of the retirement contribution as mandated by state statute and as said statute is interpreted by the Utah State Retirement Board. ARTICLE XXI . SENIORITY A. SENIORITY DEFINED Seniority shall consist of an employee' s uninterrupted, regularly scheduled employment with the CITY, except as otherwise provided in Article VIII, sections F, 1,b. An employee' s earned seniority shall not be lost because of absence due to illness, authorized leaves of absence, or temporary layoffs not to exceed 2 years . Elected officials of the UNION shall be considered to have seniority above all other employees for purposes of layoff only, regardless of actual earned seniority. B. LAYOFFS Whenever it is necessary to reduce the number of employees performing an activity or function defined by the Mayor or his or her designee within a CITY department because of lack of work or lack of funds, the CITY shall minimize layoffs by readjustment of personnel through reassignment of duty in other departments . 1 . Whenever layoffs are necessary, emergency, temporary , probationary and hourly employees performing essentially the same duties as the aforesaid work activity or functions being reduced shall be laid off first; provided, that it is expressly understood that seasonal-hourly employees are not included in this limitation. 2 . Full-time salaried employees shall be the last to be laid off in inverse order of the length of service of employees in the same job classification performing the same job functions and duties . -31- 3 . Full-time salaried employees designated for layoff or actually laid off shall move into a vacant equal or lower classified job position, wherever situated in the CITY, for which the employee is qualified. Vacant means that the Department of Human Resource Management has received a request to fill a position. Equal or lower classified means that the maximum salary for the vacant position shall be less than or equal to the maximum salary for the position being laid off . Said employee, within the CITY department in which the layoff occurred, may also bump less senior, full-time salaried temporary or probationary personnel (in a job position and function previously and actually held by said laid off employee) for a position said employee is currently qualified and able to perform as determined by the Department of Human Resource Management. 4 . Employees who have been laid-off shall have rights for a one year period to placement in any vacant job which is at an equal or lower classification where they meet minimum qualifications . They shall not be subject to any further examination. Minimum qualifications on laid off job positions shall remain unchanged for the same one year period not restricting changes for bona fide business and operational purposes . 5 . A re-employment list shall be established in the Department of Human Resource Management to facilitate the placement of any reduced in force employees . C. GENERAL RE-EMPLOYMENT LISTS Employees who have been laid off in accordance with paragraph (B) above or have been terminated without cause or prejudice, have the right to request pre-bid in accordance with Article XXII, Pre-Bid Procedures, paragraph A of this MEMORANDUM. Pre-Bid rights shall expire two ( 2 ) years from the employee' s date of layoff . Should the employee be rehired within this time period the employee shall have full reinstatement of all CITY seniority for purposes of vacation and sick leave computation. The employee shall be subject to the same probationary period as an employee hired under pre-bid. If the aforementioned employee has cashed out any sick leave, vacation or retirement monies, the -32- employee shall not be eligible for reinstatement of same. D. SHIFT BIDDING Department heads or their designee shall decide the employee qualifications, abilities or experience recommended for each work shift or CITY operation deemed desirable to perform the functions, operations or mission of the department, and such considerations may include training , specialized knowledge, skill or other particularized needs of the entire department. After management has made shift assignments indicated by such needs or considerations, the remainder of the shift-work assignment shall be made on the basis of department seniority; provided, however, that seniority shall not be a basis for selection of work shifts if , with the concurrence of the department head, the employees of a designated work area elect that seniority should not be the determinant. In the event of such election, the vote shall be by secret ballot, within work areas and in a manner selected by the department head. Provided however that Police employees shall continue under current policy as adopted May 1 , 1984 "Seniority in Records" and "Seniority in Communications" , Police Departmental Policies and Procedures . ARTICLE XXII . PRE-BIDS A. PRE-BID PROCEDURE In order that qualified employees may be given proper consideration when a vacancy in a job exists and the department head deems it advisable to fill such vacancy on a full-time salaried basis, the department head shall utilize the following Pre-Bid Procedure: 1 . An employee shall have the full responsibility to request a transfer or job bid to any appropriate job within the CITY. 2 . An employee shall have the responsibility to update request(s) for such pre-bid. Such requests shall be valid for no more than two year period. 3 . An employee(s) may apply at any time for a pre-bid in writing on forms specified by the Department of Human Resource Management for inclusion on such confidential register. -33- 4 . Such confidential pre-bid register shall be deemed closed when the department head advises the Department of Human Resource Management in writing that a vacancy needs to be filled on a full-time salaried basis . 5 . The department head shall make a selection from those applicants on a register designated by the Director of the Department of Human Resource Management, solely on the basis of qualifications; however, in the event that all qualifications are relatively equal, the length of CITY service shall be the basis of selection between such applicants . Employee objections to the selection process shall submit a complaint to the Labor Management Committee. 6 . When a vacancy cannot be filled by a competent and experienced employee applying for the same job, the Director of the Department of Human Resource Management, at the recommendation of the department head, shall announce the job vacancy for external recruitment. Department heads shall be cognizant of job descriptions and afford first consideration to the employee. 7 . New positions shall be posted for a period not to exceed five working days, during which time employees may apply in writing on forms specified by the Department of Human Resource Management, to the Department of Human Resource Management for appointment to fill such vacancy, setting forth any such information as may be required by the CITY. 8 . Nothing contained herein prohibits the appointment of the employee during the review of a complaint on the selection process. 9 . The Department of Human Resource Management shall provide periodic counseling on job bid positions . B. PROBATIONARY PERIOD A successful bidder for a job vacancy shall be on probation for a period not to exceed 90 calendar days, during the first 30 days of which time the employee may elect to return to the former position of employment. The probationary period may be extended, if necessary for training purposes, if agreed upon by applicant and -34- supervisor or department head. During the probationary period, applicant shall not be eligible for any other job vacancy. If applicant is retained in the job applied for at the expiration of said probationary period, applicant shall be ineligible to be selected for another job opening for a period of 9 months after the expiration of said probationary period, unless authorization to apply is given by the department head. If applicant is not retained in said job so selected for before the expiration of the probationary period, the employee shall be returned to the position held prior to being accepted in the job for which he or she applied. ARTICLE XXIII . LABOR MANAGEMENT AND SAFETY COMMITTEES A. LABOR MANAGEMENT COMMITTEE There shall be a Labor Management Committee consisting of eight members; four employees appointed by the UNION and four employees appointed by the CITY. The committee shall meet monthly or upon call of either party in the event of an emergency. Meetings shall be held on CITY time. It shall be the general function of the Labor Management Committee to discuss matters of mutual interest concerning wages, hours, and other conditions of employment except those which are specifically covered under the grievance procedure, in accordance with Article XXIV, Grievance Procedure. Items brought to this committee must have first been brought before the appropriate department management personnel in an attempt to resolve the issue. An agenda shall be prepared and delivered to each of the committee members ahead of time . The Labor Management Committee shall make appropriate recommendations to cabinet level directors for their decisions which shall be final and binding. The Labor Management Committee shall study such matters as apprenticeship and training , seniority, overtime, layoff procedures, employee productivity, and other matters of mutual interest to the CITY and UNIONS . It is the intent of this agreement that only one Labor Management Committee exist for the employees represented by the American Federation of State County and Municipal Employees AFL-CIO. -35- B. SAFETY COMMITTEE There shall be a Safety Committee consisting of 6 members ; 3 appointed by the UNION and 3 appointed by the CITY. The Committee shall meet monthly or upon call of either party in event of an emergency. Meetings shall be on CITY time. It shall be the general function of the Safety Committee to make recommendations to the Office of the Mayor. A calendar of all safety meetings to be held shall be available for review by the UNION business agent and the Mayor. C. TRAINING AND DEVELOPMENT COMMITTEE The Union shall appoint one person to represent both the 100 and 200 series employees on the City' s Training and Development Committee. ARTICLE XXIV. GRIEVANCE PROCEDURE It shall be the policy of the CITY to adjust grievances of employees properly and fairly, within a framework of existing laws and regulations. Every reasonable effort shall be made to adjust grievances in a manner mutually satisfactory to employees and management at the lowest possible level . This grievance procedure shall be utilized only for terminations and suspensions, EEO complaints , demotions, and transfers . Any employee who believes that a grievance exists as defined above, may personally or through an attorney or a UNION representative utilize the grievance procedure outlined herein. The above notwithstanding, employees who have terminated may submit their grievance immediately to the third ( 3rd) step of the grievance procedure outlined herein. An employee has a right to a UNION representative at all formal steps of the grievance procedure. The supervisor shall notify the employee of this right prior to the administration of disciplinary action. It is mutually understood that the prompt presentation, adjustment and/or answering of the grievance is desirable in the interest of sound relations between the employees and the CITY. The prompt and fair disposition of grievances involves important and equal obligations and responsibilities, both joint and independent, on the part of -36- the representatives of each party to protect and preserve the grievance procedure as an orderly means of resolving grievances . Step ( 1 ) The grievance shall be submitted in writing to the immediate supervisor and the employee may have a representative at such meetings . The grievance shall be presented within ten ( 10 ) working days from the time the grievance occurs or from the time the employee could reasonably be expected to have become aware of such occurrence, provided, however, both parties agree that during this ten ( 10) day working period the alleged grievance shall be informally discussed with the employee involved, the employee' s supervisor, and the UNION representative. Failure to provide such notice within the time specified shall void any employee' s grievance rights provided hereunder. The supervisor shall render a decision on a grievance appropriately filed within six ( 6 ) working days from the date that the grievance was filed. Incidents of prior disciplinary action shall not be considered in a current disciplinary decision if, ( 1 ) at the time of the prior action the employee requested and was unreasonably denied the presence of a union steward as a witness of the disciplinary action; and ( 2) the employee has submitted a written objection to the immediate supervisor within 10 working days of the prior disciplinary action. Such request shall not be considered to have been unreasonably denied if it would effect an unreasonable delay or disruption of work. Step ( 2 ) If no settlement is reached under Step (1 ) , then the grievance shall be presented in writing to the next level supervisor within six ( 6 ) working days after Step ( 1 ) . The next level supervisor shall notify the parties concerned of the decision within six ( 6 ) working days after hearing the grievance. Meetings held under Steps ( 2 ) and (3) of this procedure shall normally be held within ten ( 10 ) working days after receipt of the grievance at each step; however, such limits may be extended as may be agreed upon in writing by the parties hereto. -37- Step ( 3 ) If no agreement is reached under Step (2 ) , the grievance shall be submitted within ten working days to an informal hearing before the appropriate cabinet level director or designee, and a representative from the UNION. Provided however, that if the grievance involves EEO (including Title VII ) related matters, the employee may elect to proceed outside the chain of command and have a hearing before the City' s Government Compliance Manager. This meeting should be conducted within thirty ( 30 ) working days following receipt of the grievance. Such decision shall be final and binding absent a modification provided for under Step (4 ) . Step ( 4 ) If no settlement is reached under Step (3) , the employee may appeal to the Mayor' s Office in writing and by certified letter within six ( 6 ) days of receipt of the decision under Step ( 3 ) . In the event of appeal by the employee, the employee may choose to have the Employees Appeals Board hear the case and render a recommendation to the Mayor The Employees Appeals Board shall submit a recommendation to the Mayor. The Mayor shall then render a final decision within ten ( 10 ) working days after receipt of the recommendation by the Employees Appeals Board. An employee, terminated for cause, who appeals his or her termination to the Employees Appeals Board, may elect to continue health insurance coverage with the City, until conclusion of hearing before such board, provided the employee makes timely payment of premium payments (both employee and CITY share) during the period between termination and hearing. If the employee is thereafter reinstated by the CITY, the employee shall be reimbursed for the CITY share of any insurance premium paid. The CITY agrees not to retaliate against any employee who exercise rights under the -38- aforementioned grievance procedure; provided however, that failure to exercise these grievance rights shall bar judicial or administrative action by the employee on any grievable issue. The following procedures shall govern disputes relating to the promotion of a Unit employee into another City position: A. If a Unit employee who is an unsuccessful candidate for a promotion into another City position has a dispute concerning the promotional process, he or she shall notify the Union' s business agent of the complaint within three working days from the date he or she received notice from the hiring Department that he or she was not selected for the position. The Union business agent shall notify the hiring Department' s Director of the complaint within 48 hours after receiving notice from the employee. B. The Union business agent shall confirm in writing the dispute of the unsuccessful candidate with the hiring Department ' s Director or his or her designee within three working days from the date the Union business agent notified the Department Director pursuant to paragraph A above. C. The hiring Department Director shall advise the selected candidate that the position is in dispute. The selected candidate shall not be precluded from working in the position. D. The Union business agent and the hiring Department Director or his or her designee shall meet to discuss the selection process within five working days from the date the hiring Department Director or his or her designee was notified pursuant to paragraph B above. If the dispute is not resolved at the meeting by the Director and the Union business agent, the unsuccessful candidate may appeal in writing within 48 hours after the meeting to the Director of the Department of Human Resource Management for a hearing. (A list of three predetermined hearing officers shall be established by the Department of Human Resource Management. ) The Director of the Department of Human Resource Management shall designate a hearing officer and a hearing date within five working days from the date the Director received the appeal from the unsuccessful candidate. -39- E. The hearing officer shall request briefs, documentation and all other pertinent written information prior to the hearing. Within two working days after the hearing, the hearing officer shall issue a determination. The City or the employee may appeal said decision to the Mayor. The appeal must be submitted in writing to the Mayor within 5 working days after the hearing officer's decision. The decision of the Mayor shall be final and binding. F. Upon mutual agreement of the parties, the time limitations may be waived. The procedure described herein shall affect only promotions and shall not alter or change the provisions of the grievance procedure under Article XXIV. G. This process is exclusive for grievances involving a promotion and shall not be subject to review by the labor management committee. ARTICLE XXV. PERSONNEL FILES All personnel files shall be handled according to the City' s Executive Order 4 . 01 . 201 - Policy and Procedure Manual. City agrees to notify all employees no less than annually of their right to request a review of their files for purging purposes in accordance with Executive Order 4 . 01 . 201 . Written disciplinary actions shall be received by City' s Human Resource Department within 30 days of the issuance date. ARTICLE XXVI . LIMITATION ON PROVISIONS The provisions hereof shall be subject to the limitations, terms and conditions of the CITY' S Collective Bargaining Resolution. ARTICLE XXVIII . STRIKES AND WORK STOPPAGES Continuous and uninterrupted service by the CITY and its employees to the citizens, and orderly collective bargaining relations between the CITY and its employees being essential considerations of this MEMORANDUM, the UNION agrees, that none of the following acts shall be engaged in or in any way approved of or encouraged by the UNION: -40- 1 . A concerted absence, in whole or in part, by any group of employees from the full, faithful and proper performance of their duties of employment for the purpose of inducing, influencing, condoning , or coercing a change in the terms and conditions of employment, including sick calls, sick-outs, slowdowns, or any other concerted interference with services provided by the CITY, or 2 . The collective concerted withholding of services or the performance of assigned duties by any person pending the signing of the contract, including those persons who are customarily employed on a yearly contract basis . In the event of a violation of this article by the UNION and/or the employees, the CITY may, in addition to other remedies , discipline such employees up to and including discharge. Employees shall not be entitled to any benefits or wages whatsoever while they are engaged in a strike, work stoppage or other interruption of work as specified herein or otherwise. ARTICLE XXVIII . WAIVER CLAUSE Except as provided for in Article XXIV and XIX hereof, the CITY and the ASSOCIATION expressly waive and relinquish the right and each agrees that the other shall not be obligated during the term of this MEMORANDUM, to bargain collectively with respect to any subject or matter whether referred to or covered in this MEMORANDUM or not specifically referred to or covered in this MEMORANDUM, even though each subject or matter may not have been within the knowledge or contemplation of either or both the CITY and the UNION at the time they negotiated or executed this MEMORANDUM and even though such subjects or matters were proposed and later withdrawn. In the event laws are passed by the state or nation which conflict with the provisions of this MEMORANDUM relating to hours and wages, or other conditions of employment, the provisions of the MEMORANDUM which are in conflict therewith may be reopened for negotiations without affecting the remaining portions of this MEMORANDUM. -41- ARTICLE XXIX. PERSONNEL POLICIES AND PROCEDURES The CITY agrees to make copies of all personnel policies and procedural directives . The City agrees to provide employees with one additional copy of written disciplinary action which the employee may elect to give to a Union representative, and will advise the employee of such. The City' s Department of Human Resource Management will provide the Union' s Business Agent with semiannual reports of employer disciplinary action. Article XXX TERM OF AGREEMENT Since this Memorandum contains all the amendments and the remaining effective provisions of the Memorandum of Understanding executed by both parties on June 30, 1989 , this Amendment to the Memorandum of Understanding shall be deemed to supersede the June 30, 1989 Memorandum of Understanding . This MEMORANDUM shall remain in effect from July 1, 1990, through June 30, 1991 with the following exceptions : A. It is understood by the parties hereto that certain provisions of this agreement cannot be implemented by the CITY except upon public notice and hearing and compliance with various statutory and legal requirements . B. The parties hereto may, by mutual consent, agree to an amendment to this MEMORANDUM. C. Both parties agree that this MEMORANDUM is subject to availability of funds and ratification by the City Council in accordance with paragraph 9 , of the Third Amended Labor Bargaining Resolution, Salt Lake City, Utah, April 10, 1984 . -42- IN WITNESS WHEREOF, the parties hereto have fixed their hands and seals the day and year first above written . SALT LAKE CITY CORPORATION By ilbtAitit Zd. MAYOR ATTEST: A.V.Z. NM A_L..A— T Rips 'DER AMERICAN FEDERATION `.•,`.,� �(21 16, COUNTY ANDOF MUNICIPAL " EMPLOYEES '': AFL-CIO v , ,.•• By ORDON OTTL Y, AF ME Director of Empl ee Relations MEMBER - UNION NEGOTIATING COMMITTEE MEMBER - UNION NEGOTIATING COMMITTEE APPROVED AS TO FORM Salt Lake City Attorney's Office Date - " 90 Funds Avowable Finance Department Dats 7 3_ qo Encu 9/vo 5- -4 3- STATE OF UTAH ) County of Salt Lake) On the & day of9t......--4*. , 1990, personally appeared before me PALMER DePAULIS and KATHRYN MARSHALL, who being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPOAATION, and said persons acknowledged to me that said corporation executed the same. q , s".° uVETT i Ifrt1Pyip c�qr�t1mn esii 1 Lmof 2�1N1 TARY PUBLIC, residing in UM Expires , J Salt Lake County, Utah My Commission Expires: -44- STATE OF UTAH ) . ss . County of Salt Lake) On the (4 day of , 1990, personally appeared before me ORDON TTLEY, who being by me duly sworn, did say that he is the Director of Employee Relations of the AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES AFL-CIO and and , who being duly sworn, did say that they are the members of the committee of such Association, that both such persons executed the foregoing instrument on behalf of said Association and that said instrument has been duly ratified and approved by the membership of said Association and that their execution hereof constitutes as valid and binding acting on behalf of said Association and its membership. ` Notary Publie rL S.RMEn.TT a9iypt TARP PUBLI , residing In I c , sir J Salt Lake County, Utah My Commission Expires : � - �- �- 9/ FMN:cc -45- APPENDIX A CLERICAL AND TECHNICAL A B C D E F G H I J K L 201 736 761 787 814 842 871 901 931 963 996 1030 1067 202 764 790 817 845 874 904 935 967 1000 1034 1069 1107 203 793 820 848 877 907 938 970 1003 1038 1073 1110 1148 204 824 852 881 911 943 975 1008 1043 1078 1115 1153 1194 205 856 885 916 947 979 1013 1047 1083 1120 1159 1198 1240 206 889 919 951 983 1017 1052 1088 1125 1163 1203 1244 1288 207 924 956 988 1022 1057 1093 1131 1169 1209 1251 1293 1338 208 959 992 1026 1061 1097 1135 1173 1214 1255 1298 1342 1388 209 995 1029 1064 1101 1138 1177 1217 1259 1302 1347 1393 1441 210 1034 1069 1106 1144 1183 1223 1265 1308 1353 1399 1447 1498 211 1073 1110 1148 1187 1227 1269 1313 1358 1404 1452 1502 1554 212 1115 1153 1193 1233 1276 1319 1364 1411 1459 1509 1561 1616 213 1158 1198 1239 1281 1325 1370 1417 1465 1515 1567 1621 1677 214 1203 1244 1287 1331 1376 1423 1472 1522 1574 1628 1684 1755 215 1249 1292 1336 1382 1429 1478 1528 1580 1635 1690 1748 1822 216 1298 1342 1388 1436 1485 1536 1588 1643 1699 1757 1817 1894 217 1348 1394 1442 1491 1542 1595 1649 1706 1764 1824 1887 1966 218 1400 1448 1497 1549 1602 1656 1713 1772 1832 1895 1960 2042 219 1453 1503 1554 1607 1662 1719 1778 1839 1902 1967 2034 2121 220 1510 1562 1615 1670 1727 1786 1848 1911 1976 2044 2114 2203 221 1568 1627 1688 1751 1817 1885 1956 2029 2105 2184 2266 2355 222 1627 1688 1751 1817 1885 1956 2029 2105 2184 2266 2351 2444 223 _ 1691 1754 1820 1888 1959 2033 2109 2188 2270 2355 2444 2541 224 1756 1822 1890 1961 2035 2111 2190 2272 2357 2446 2537 2638 225 1824 1892 , 1963 2037 2113 2193 2275 2360 2449 2540 2636 2740 06/25/90 APPENDIX B GROUP INSURANCE PREMICV S FOR FISCAL YEAR 1990 - 1991 Medical Dental City Employee City Employee Share Share Share Share P.E.H.P Traditional Single 41.51 17.45 15.65 1.98 Couple 85.55 36.04 11.38 4.00 Family 114.20 47.98 14.88 5.23 P.E.H.P. Preferred Single 41.51 14.58 5.65 1.98 Couple 85.55 30.06 11.38 4.00 Family 114.20 40.13 14.88 5.23 Healthwise Single 43.13 15.16 4.90 1.72 Couple 87.86 30.87 9.81 3.45 Family 118.50 41.63 16.70 5.87 F.H.P. Single 38.23 13.43 6.66 2.34 Couple 84.02 29.52 11.78 4.14 Family 113.78 39.98 18.54 6.52 The following benefits will automatically be applied to employee' s Medical/Dental coverage regardless of employee' s choice of health insurance carrier at an additional cost. If employee elects not to have Medical/Dental coverage, employee may apply for the benefit package below separately. Employee City Share Share * Disability Income .47 1.36 * Basic Life for the employee .03 per $1000 .11 per $1000 * Basic Life for the employee's family .11 .30 * Accidental Death & Dismemberment .07 .22 SALT LAKE CITY ORDINANCE No. of 1990 (Approving the Memorandum of Understanding between Salt Lake City Corporation and the American Federation of State, County and Municipal Employees, Local 1004 representing the 200 Series City Employees) AN ORDINANCE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY CORPORATION AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1004 REPRESENTING THE 200 SERIES CITY EMPLOYEES . PREAMBLE Section 2 . 52 . 118 of the Salt Lake City Code, as amended, adopted a Compensation Plan for 200 Series Employees of Salt Lake City effective July 1, 1990 and ending June 30 , 1991 . The Compensation Plan would be effective for fiscal year 1990-91 unless, prior to June 30, 1990, a Memorandum of Understanding was approved by the certified bargaining representative for the 200 Series Employees and the Mayor, as the Chief Administrative Officer for the City. The American Federation of State, County and Municipal Employees , Local 1004 , as the certified bargaining representative for the 200 Series City Employees, and the Mayor, approved a Memorandum of Understanding prior to June 30 , 1990 . The Memorandum of Understanding was executed by the Mayor and the American Federation of State, County and Municipal Employees, Local 1004 on July 6 , 1990 . Section 9 (c) of the Salt Lake City Third Amended Labor Bargaining Resolution dated April 10, 1984, provides that no collective bargaining Memorandum of Understanding shall be effective until the City Council approves the Memorandum of Understanding, enacts implementing legislation and appropriates all required funds . The City Council has appropriated necessary funds required to implement the provisions of the attached Memorandum of Understanding for fiscal year 1990-91 . Accordingly, the City Council wants to approve the attached Memorandum of Understanding between Salt Lake City Corporation and the American Federation of State, County and Municipal Employees Local 1004 which would supersede the Compensation Plans adopted by Section 2 . 52 . 118 of the Salt Lake City Code. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . PURPOSE. The purpose of this Ordinance is to approve the Memorandum of Understanding dated July 6, 1990 executed by the Mayor, as the Chief Administrative Officer for the City and the American Federation of State, County and Municipal Employees Local 1004, representing the 200 Series Employees, pursuant to Section 9 (c) of the Salt Lake City Third Amended Labor Bargaining Resolution dated April 10, 1984 . The Compensation Plan adopted by Section 2 . 52 . 118 of the Salt Lake City Code shall be superseded by the Memorandum of Understanding dated July 6 , 1990 . -2- SECTION 2 . The attached Memorandum of Understanding between the City and the American Federation of State, County and Municipal Employees Local 1004 is hereby approved. SECTION 3 . AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby authorized to act in accordance with the terms and conditions of the attached Memorandum of Understanding. SECTION 4 . EFFECTIVE DATE. This Ordinance shall be deemed effective on its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR APPROVED AS TO FORM Salt lake City Attorneys Office Data - U -3- ATTEST: CITY RECORDER FMN:cc -4- CONTRACT ROUTING FORM REQUESTING DEPARTMENT/DIVISION DATE Ntemeti DEPARTMENTAL CONTACT PHONE 477-6 /\l,a NAME OF�CONTRA TIN PARTY REF # /-/4E 1 AlrE2 S Pilad SUBJECT or/. - rEP CNf2Ac7 . Yes No Number of Copies Insurance Required Expected Completion Insurance Attached RECORDER FINANCE Contract No. 0/ - C /Od y Vendor No. Account No. Funds Availabb, Funds Not Needed ATTORNEY APPROVED AS TO FORM Date 1- 3 ,C B COPY DISTRIBUTION Date To MEMORANDUM OF UNDERSTANDING A MEMORANDUM OF UNDERSTANDING, entered into this day of 6 G , 1990 , by SALT LAKE CITY CORPORATION, ( "CITY" ) , and o 1 1645 of the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, ( "UNION" ) , WITNESSET H: WHEREAS, the City has endorsed the practices and procedures of collective bargaining, as a fair and orderly way of conducting its relations with its employees , insofar as such practices and procedures are consistent with it performing the functions and obligations of the City and so long as it retains its right to effectively manage and conduct the affairs of the City; and WHEREAS, the parties recognize that this Memorandum of Understanding ( "Memorandum" ) does not modify any of the discretionary authority vested in the City by the Constitution and statutes of the State of Utah, the body of the law developed thereunder, or under its Ordinances or Resolutions; NOW, THEREFORE, the parties hereto declare their mutual understandings as follows: ARTICLE I AUTHORITY The City and Union have negotiated this Memorandum pursuant to and consistent with the City' s Labor Bargaining Resolution ( "Resolution" ) , as amended on April 10, 1984 to prevent work interruptions, promote efficient operations of the City, and to provide an orderly and prompt method of handling grievances . ARTICLE II RECOGNITION The City recognizes the Union as the exclusive bargaining agent for full-time employees in the Fire Department Unit (the "UNIT" ) , as determined by the Resolution and within the policies adopted by the Mayor, for the purpose of negotiating salaries, wages, hours and other conditions of employment for said employees . ARTICLE III RIGHTS AND OBLIGATIONS A. MANAGEMENT RIGHTS The CITY retains the exclusive right to manage all phases of its operations and to direct the working forces except as specifically modified, curtailed, delegated, or relinquished under the terms of this MEMORANDUM. B. NO-STRIKE CLAUSE Neither the UNION, nor any employee of the UNIT, shall promote, sponsor, or engage in, or encourage, directly or indirectly, any strike, slowdown, interruption of operations, stoppage of work, absence from work upon any pretext or excuse, sympathy strike, sick-out, withholding of services, interferences with services provided by the CITY, or any other interruption of the CITY' s operations, and the Union will use efforts to induce all employees covered by this MEMORANDUM to comply with this paragraph III .B. The CITY will not lock out any employees during the term of this MEMORANDUM as a result of a labor dispute with the UNION. ARTICLE IV DUES DEDUCTION The CITY agrees to deduct once each month UNION membership dues from the pay of those employees who individually request in writing that such deductions be made and to forward all collected monies to the UNION on a monthly basis . The CITY further agrees to cease deduction of such fees upon written request by the employee. The UNION shall certify to the CITY in writing the current rate of membership dues . The CITY will be notified of any change in the rate of membership dues thirty (30 ) days prior to the effective date of such change. -2- ARTICLE V WAGE SCHEDULE During the term of this Memorandum (beginning July 1, 1990 and ending midnight June 30, 1992 ) Unit employees shall be paid biweekly under the wage schedule attached as Appendix "A" . During fiscal year commencing July 1, 1991 and ending midnight June 30, 1992, Unit employees shall participate in a percentage compensation increase given to all employees in any one Certified Bargaining Unit above three percent (3 . 0% ) . Compensation for purposes of determining the percentage as used in this paragraph, shall be defined as a wage increase to all employees in the specific Certified Bargaining Unit excluding the following: Merits Classification Change resulting from job audits Actuarial adjustments to Pension Across the Board insurance enhancements to all City employees Certification pay on individual and small group basis . ARTICLE VI HOURS OF SERVICE AND OVERTIME A. HOURS OF SERVICE. In case of emergency or whenever interest of public safety demands, an employee may be required to perform overtime work by the Chief of the Fire Department. Whenever possible, volunteers will be solicited. Forty hours a week shall constitute a normal work week for all UNIT employees, except employees assigned to the combat division. Employees regularly assigned to duty in the combat division shall perform their work during duty shifts , each consisting of 24 consecutive hours on duty at assigned employment location; however, members off duty shall be subject to call at any time or in case of emergency. Therefore, the parties agree that for employees assigned to the combat division, a 56- hour work week shall constitute a normal work period. The work schedule established herein shall remain unchanged unless, as determined by the Chief, business necessity or scheduling requires a change. B. EXCHANGE OF TIME -3- Firefighters may exchange shifts in accordance with provisions outlined in the Fair Labor Standards Act and when the change does not interfere with the operations of the Fire Department, subject to permission from the firefighter' s supervisor or a district officer. C. OVERTIME COMPENSATION ( 1 ) Employees shall be paid overtime compensation as required by the Fair Labor Standards Act. An employee must receive prior approval of his/her supervisor before the employee performs overtime work. An employee shall not be compensated for unauthorized overtime work. ( 2 ) An employee required to perform authorized overtime work shall be compensated by pay at one and one-half the applicable rate. The employee may request pay compensatory time in lieu of cash subject to approval of the Fire Chief . Provided, however, employees in the UNIT, except employees regularly assigned to the combat division, may not accrue more than 240 hours of compensatory time for hours worked after April 15, 1986 . Employees in the UNIT regularly assigned to the combat division may not accrue more than 480 hours of compensatory time for hours worked after April 15, 1986 . Any such employee who, after April 15, 1986 , has accrued 480 or 240 hours, as the case may be, of compensatory time off, shall, for additional overtime hours of work, be paid overtime compensation. When time off from employment is allowed as compensation for overtime, such time off shall be granted within twelve ( 12 ) months from the performance of overtime work. No employee shall be compensated for any period of overtime worked less than one-half hour in duration; however, compensation for the first one- half hour worked shall be paid employees working overtime in excess of one-half hour on a single work occasion. Compensation for overtime periods in excess of one-half hour shall be computed on the basis of the total number of consecutive 15- minute periods worked by the employee on a particular duty occasion. -4- D. CALLBACK Combat firefighters and arson investigators who are directed to report to work during their scheduled off- duty time, because of an emergency or whenever the interest of public safety demands, by an appropriate department officer without advance notice of scheduling shall be compensated, including overtime if applicable, with a minimum of four (4) hours for firefighters and two ( 2 ) hours for arson investigators, for such occasion as they actually report for duty. Firefighters and arson investigators will be paid at an hourly rate based upon a 40 hour work week for the time actually worked. E. EMERGENCY ASSIGNMENTS Firefighters may be temporarily assigned to perform the duties of the next higher rank, provided such assignment shall not be for a period longer than thirty ( 30 ) 24 hour shifts per fiscal year, and shall not carry an increase in salary. Upon expiration of such temporary assignment, the firefighter shall be restored to the position occupied at the time such temporary assignment was made. If firefighters work out of classification for more than 720 hours in a fiscal year, they will be paid a differential equal to 1% of their base monthly salary for each 24 hours worked in excess of 720 hours worked for the temporary assignments . ARTICLE VII HOLIDAYS A. HOLIDAYS SPECIFIED The following days shall be recognized and observed as holidays for all full-time, employees . Full time employees of the Combat Division of the Fire Department, in lieu of days off for the• following enumerated holidays, shall be granted six (6 ) on-duty shifts ( 144 ) hours off per year to be taken at such time as approved by the Fire Chief . All employees who are not assigned to the combat division shall receive 8 hours of their regular rate of pay for each of the following unworked holidays: ( 1 ) The first day of January, called New Year' s Day; -5- ( 2 ) The third Monday of January observed as the anniversary of the birth of Dr. Martin Luther King, Jr. also known as Human Rights Day; ( 3 ) The third Monday of February, observed as Presidents Day; (4 ) The last Monday of May, called Memorial Day; (5 ) The fourth day of July, called Independence Day; (6 ) The twenty-fourth day of July, called Pioneer Day; (7 ) The first Monday in September, known as Labor Day; (8 ) The second Monday of October, known as Columbus Day; (9 ) The eleventh day of November, known as Veterans ' Day; ( 10 ) The fourth Thursday in November, known as Thanksgiving Day; and ( 11 ) The twenty-fifth day of December, called Christmas . ( 12) One personal holiday can be taken upon request of the employee at the discretion of the department head. Employees are eligible for this holiday only after satisfactorily completing their initial probationary period. B. ALTERNATIVE AND ADDITIONAL HOLIDAYS When any holiday listed above falls on Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor, or the City Council. -6- C. HOLIDAY PAY LIMITATION All employees must work their last scheduled working day following the holiday to qualify for holiday pay or be on authorized leave. Employees terminating the day before or after a holiday shall not be compensated hereunder. ARTICLE VIII VACATIONS A. VACATIONS AUTHORIZED Full-time employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions of this Article. B. VACATION SCHEDULE Completed Years Days of Vacation Shifts of of Consecutive Per Year Vacation City Service Per Year 0 5 2 .5 1 to 3 10 5 4 to 6 12 6 7 to 9 15 7 .5 10 to 12 18 9 13 to 14 20 10 15 to 19 22 11 20 or more 25 12.5 B. RULES FOR TAKING VACATION ( 1 ) Vacation periods may be divided into two or more separate periods as are deemed necessary by the Fire Chief or as requested by the employee and approved by the Fire Chief . ( 2 ) Upon permission of the Fire Chief, employees may accumulate vacation (including both earned vacation and sick leave conversion time) , according to the length of their full-time consecutive years of employment with the CITY up to the following maximum limits: (a) After 6 months - up to 20 days ( 10 shifts ) ; -7- (b) After 9 years - up to 25 days ( 12-1/2 shifts ) ; ( c) After 14 years - up to 30 days ( 15 shifts) . Any vacation earned or accrued beyond said maximum shall be deemed forfeited; provided, however, that the foregoing notwithstanding, for good cause shown, the Fire Chief, in writing and prior to a forfeiture date, may allow an employee to accumulate vacation time up to an additional maximum five (5) day ( 2-1/2 shift) period to be used within one year from the date permission for such extension was granted. ( 3 ) Accumulated vacation can only be used with permission of the Fire Chief or upon termination of employment with the CITY. ( 4 ) Except upon termination or purchase as provided in paragraph VII .D. , no employee shall be entitled to be paid for vacation earned but not taken. C. VACATION AND TERMINATION BENEFITS UPON TERMINATION ( 1 ) Every employee whose employment is terminated by resignation or otherwise shall be entitled to be paid for: (a) All earned vacation time accrued, unused, unforfeited and forwarded from previous years, plus; (b) A termination benefit consisting of all vacation accrued, unforfeited and unused for the year of employment during which the termination shall occur. For purposes of calculating this vacation benefit on termination, an employee' s accrued vacation shall be converted from a 56 hour work week to a 40 hour work week basis. ( 2 ) However, the foregoing notwithstanding, no employee shall be entitled to any termination benefit or payment for any vacation time which has not been vested, accrued, unforfeited and unused and shall not be entitled to any payment or termination benefit until an employee has completed at least six ( 6 ) months of full-time employment with the CITY. -8- D. CASH PAYMENT OF EARNED VACATION TIME IN LIEU OF USE ( 1 ) The CITY may purchase up to, but not exceed , ten ( 10 ) days (5 shifts ) of earned and accrued vacation time, to which an employee is entitled as authorized in this paragraph, with the consent of said employee and upon approval of both the Fire Chief and the Mayor. ARTICLE IX SICK LEAVE AND HOSPITALIZATION BENEFITS A. SICK LEAVE POLICY AND PROCEDURES ( 1 ) Sick leave shall be provided for all full-time employees only as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. (2 ) Each full-time, employee shall be entitled to 15 days each calendar year except members of the Combat Division who shall be entitled to 7 . 5 on- duty shifts of sick leave each calendar year. Sick leave will be granted in a lump sum ( 15 days or 7 . 5 on-duty shifts ) during the first month of each calendar year. UNIT members who separate from the CITY for any reason prior to the end of the 12th month of the calendar year will have sick leave for the period prorated back to the CITY on a one-day or 1/2 on duty shift basis per month. January 15 . 00 days 7 .5 shifts February 13 . 75 days 6 . 88 shifts March 12 .50 days 6 . 25 shifts April 11 . 25 days 5 . 63 shifts May 10. 00 days 5 . 0 shifts June 8 . 75 days 4 . 38 shifts July 7 .50 days 3 . 75 shifts August 6 . 25 days 3 . 13 shifts September 5 . 00 days 2 .50 shifts October 3 . 75 days 1 . 88 shifts November 2 .50 days 1 . 25 shift December 1 . 25 days . 63 shift (4 ) No employee shall be entitled to the foregoing sick leave, until such person has completed at least six ( 6 ) months of continuous employment with the CITY. -9- (5 ) Employees absent from work on account of illness or injury shall report intended absence to their department head or supervisor as soon as practical, but no later than 1 hour prior to the beginning of the employee' s duty shift unless justified by emergency circumstances . Combat Division personnel shall notify their station officer of any such intended absence. All other UNIT employees shall notify their immediate supervisor or Battalion Chief . (6 ) Sick leave in excess of five days (or two on-duty shifts in the case of Combat Division personnel ) for any one illness shall be documented by a written certification from a health department nurse at no cost to the employee or a licensed practicing and attending physician, that during the period of leave the absent officer or employee was prevented by illness from discharging the duties required by his or her office or position of employment. Such certification shall be on a form approved by the Fire Chief which may require a detailed and specific verification by the physician and the employee of the particular job duties which the employee is unable to perform. B. ACCUMULATION OF SICK LEAVE Authorized unused sick leave may be accumulated from year to year . C. OVERTIME COMPENSATION Scheduled work days for which an employee is absent due to illness and on sick leave as provided for hereunder, shall not be construed as normal work days for the purposes of computing such employees ' overtime compensation. D. SICK LEAVE CONVERSION TO VACATION TIME Any member of the Combat Division who has accumulated fifteen ( 15 ) shifts under the provisions of paragraph IX A, may choose to convert a portion of the yearly sick leave granted for any given year to vacation and any employee, other than a member of the Combat Division, who has accumulated to his or her credit thirty (30) sick leave days can convert according to the following provisions : Number of Sick Leave Days Number of Sick Leave Days -10- or Shifts Used During or Shifts Available for Previous Calendar Year Conversion 0 hours (No shifts ) 60 hours ( 2-1/2 shifts ) 24 hours ( 1 shift) 48 hours ( 2 shifts) 48 hours ( 2 shifts ) 36 hours ( 1-1/2 shifts) 72 hours ( 3 shift) 24 hours ( 1 shift) 96 hours ( 4 shifts ) 12 hours ( 1/2 shift) 120 hours or more (5 or more shifts) 0 hours (No shifts ) No days 5 days 1 day 4 days 2 days 3 days 3 days 2 days 4 days 1 day 5 or more days No days Such converted sick leave shall be permitted as vacation in addition to any other vacation award to which said employee is entitled. E. SICK LEAVE CREDIT FORWARD The balance of the sick leave not converted to vacation as permitted above, less the number used during that calendar year as sick leave shall be carried forward as accumulated sick leave. F. NOTIFICATION OF ELECTION The election of an employee to convert any sick leave to vacation time must be made in writing on the forms provided by the Fire Department. This shall be completed no later than the end of the annual vacation draw. If an employee' s eligibility for sick leave conversion changes due to the use of sick leave after they convert, but before the end of the year, the amount of conversion allowed for the coming year will be corrected. -11- G. PRESUMPTION OF USE Any sick leave properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other vacation time to which the employee is entitled; provided, however, that in no event shall an employee be paid for converted sick leave upon termination. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee . H. RETIREMENT BENEFITS In addition to the sick leave conversion privilege to vacation days above described, at retirement an employee (or his or her estate, where death follows retirement but precedes payment) shall be eligible to a retirement benefit as stipulated in Salt Lake City Ordinance No. 6 of 1989 and Special Orders approved by the Mayor. Employees who retire under the eligibility requirements of the Utah State Retirement System with from 10 to 19 cumulative years of service in the Fire Department and are not eligible under the above referenced ordinance shall be paid in cash, at their then current pay scale, a sum equal to their daily rate of pay for 25% of the accumulated sick leave days reserved for the benefit of said employee at the date of their retirement or 45 days (22 .5 shifts ) of full pay (whichever is less ) . In calculating this retirement benefit, accrued sick leave shall be converted from a 56 hour work week to a 40 hour work week. I . HOSPITALIZATION In addition to the sick leave authorized hereunder, each full-time, employee in the UNIT shall be entitled to fifteen ( 15 ) on-duty shifts except for 40 hours work week employees who shall be entitled to thirty ( 30) days hospitalization leave each calendar year, provided that such leave may be taken only if, and during the period that, such employee is actually admitted to a hospital or using other free standing outpatient surgical facility. No accumulation of hospital leave shall be allowed. J. AUTHORIZED SICK LEAVE AND HOSPITAL BENEFITS An employee in the UNIT shall be entitled to receive sick leave or hospitalization leave benefits for illness, injuries, or disability resulting from -12- accidents arising out of or in the course of employment for an employer other than the CITY; provided, however, that as a condition of granting such leave, the CITY may require that it be subrogated to the employee' s rights of recovery against any person or organization associated with such injury. The CITY shall have the exclusive right to decide whether to require subrogation and/or seek recovery; provided, however, that full recovery by and reimbursement to the CITY of all its expenses associated with the employee' s injury, including medical and leave costs, shall have the effect of revesting with the employee all sick leave and hospitalization leave entitlements exhausted as the result of such injury. The employee may petition the City Attorney' s office to consider not to pursue legal action for damages against a third party, however, the decision to seek recovery solely rests with the City Attorney. K. REGULAR SALARY TO BE CONTINUED Each employee who takes authorized sick leave or authorized hospitalization leave shall continue to receive his or her regular salary during his or her absence from work for the periods set forth in this paragraph. L. ON-DUTY SHIFTS FOR COMBAT DIVISION PERSONNEL DEFINED For computation purpose of this Article, the term "on- duty shift" for employees of the combat division shall mean a 24 hour working day; benefits will be provided at the rate of 24 hours for each shift provided, i.e. 15 days of sick leave equals 7 . 5 scheduled working (24 hour) shifts . Unit employees who work a 40 hour work week, 15 days of sick leave equals fifteen, eight ( 8 ) hour scheduled work shifts . It is not the intent of this Memorandum to increase sick leave or vacation benefits as a result of the conversion to 24 hour work shifts . The conversion was made to reflect combat division work schedules . M. DISABILITY COMPENSATION ( 1 ) Any full-time salaried employee of the Unit who is permanently and totally disabled as defined by the City' s long term disability program (income protection plan) shall be entitled to disability compensation pursuant to said program. -13- ( 2 ) The CITY at its own expense shall have the right and opportunity to examine the person of any employee when and as often as it may reasonably require during employment with the CITY and during the pendency of a disability hereunder. No employee refusing such examination shall be eligible for the benefits provided by this paragraph. (3 ) Refusal to submit to treatment for disabilities shall be grounds for termination of compensation specified hereunder. (4 ) When any injury for which compensation is payable under this paragraph shall be caused by the wrongful act or neglect of another employee of the CITY or person not in such employment, the CITY may require an employee claiming compensation hereunder as a condition of receipt of such compensation, to assign to the CITY any action for damage against such third person such injured employee may have. (5 ) If an employee of the CITY becomes entitled to receive worker' s compensation as a result of suffering a CITY service-connected injury or illness of a type not compensated under the foregoing provisions of this section, such employees shall be paid worker' s compensation as provided by law; provided, however, that he/she may elect to use, during such disability, his/her accumulated sick leave credit and vacation time, such part of his/her wage or salary as shall, when added to his/her worker' s compensation payments , equal his/her regular wage or salary; and provided further, that satisfactory evidence of such election shall be transmitted by said employee to the Department of Human Resource Management of the CITY prior to payment. N. INJURY LEAVE The CITY shall establish rules and procedures for administration of an injury leave program (supplemental to regular sick leave benefits ) for UNIT employees , under the following qualifications and restrictions : ( 1 ) The disability must have resulted from a documented incident and injury while actively involved in performing emergency services -14- including firefighting, medical services and mandated departmental training and exercising some form of necessary firefighting authority or departmental authorized training. ( 2 ) The firefighter must be unable to return to work due to the injury as verified by a licensed physician acceptable to the CITY. A second opinion may be obtained by either party at a cost to be borne by the requesting party; ( 3 ) The leave benefit must not exceed the value of the firefighter' s net salary during the period of absence due to the injury, less all amounts paid or credited to the firefighter as worker' s compensation, social security, disability, or retirement benefits, or any form of governmental relief whatsoever; (4 ) The aggregate value of benefits provided to all claimants under this injury leave program shall not exceed the total of $5 ,000 . 00, unless approved in writing by the Mayor under extraordinary circumstances; and (5 ) The CITY' S Risk Manager shall be principally responsible for the review of injury leave claims, provided that appeals from the decision of the Risk Manager may be received by the Director of Human Resources Management who will make recommendations to the Mayor for final decision. If an employee is eligible for worker' s compensation as provided by law; and is not receiving injury leave pursuant to Article IX N, said employee may elect in writing to the CITY' S Human Resource Director to use accumulated sick leave and authorized vacation time to supplement the employee' s worker' s compensation not to exceed the employee' s regular salary. ARTICLE X LEAVES OF ABSENCE Full-time, employees shall be eligible for leaves of absence under the following circumstances: A. FUNERAL LEAVE ( 1 ) Time off with pay will be granted a full-time employee who suffers the loss of a wife, husband, -15- child, stepchild, mother, father, stepmother, stepfather, brother, sister, father-in-law, mother-in-law, grandchild, grandfather or grandmother. In the event of death in any of these instances, employees will be paid their regular base pay for scheduled work time from the time of death through the day of the funeral; however, no such leave shall be permitted to extend more than five (5 ) consecutive calendar days after the date of death. Employees will be permitted one additional day ( 1/2 shift) of funeral leave, on the day following the funeral, if the funeral or burial is held more than 150 miles distance from Salt Lake City and if the day following the funeral or burial is a normal working day. Satisfactory proof of such death, together with the date thereof and the date and location of the funeral and burial, must be furnished by the employees to the Fire Chief . ( 2) In the event of death of relatives other than those enumerated in ( 1 ) above, an employee will be paid for time off from scheduled working hours while attending the funeral services for such person, not to exceed twelve ( 12) hours or one- half shift for combat employees . ( 3 ) In the event of death of friends, an employee may be granted time off without pay while attending the funeral services for such persons, not to exceed four (4) hours subject to the approval of his or her immediate supervisor. ( 4 ) Time off hereunder shall not be included as time worked in the computation of overtime pay. ( 5 ) In the event the death of any member of the immediate family, as set forth herein occurs while an employee is on vacation, his or her vacation will be extended by the amount of time authorized as funeral leave. ( 6 ) The provisions of this paragraph shall not be applicable to employees who are on leave of absence. B. LEAVE OF ABSENCE OF EMPLOYEES WHO ENTER MILITARY SERVICE Every employee who enlists in time of national emergency or is called or inducted into and enters -16- active service in the state militia or any branch of the federal military, naval, air or marine service shall be entitled to be absent without pay from duties and service with the CITY while engaged in the performance of active military or naval duties and while going to and returning from such duties as required by state and federal law. C. LEAVE WHILE ON ANNUAL ENCAMPMENT All employees who are or shall become members of the organized reserves of the United States Army, Navy, Air Force and Marines or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of fifteen consecutive calendar days ( 7 . 5 on duty shifts ) per year spent on duty at annual encampment in connection with the reserve training and instruction requirements of the Army, Navy, Air Force and Marines of the United States . This leave shall be in addition to annual vacation leave. D. LEAVE FOR JURY DUTY All full-time employees shall be entitled to receive and retain statutory juror' s fees paid for jury service in the District and Federal Courts whose jurisdictions include Salt Lake County subject to the conditions hereinafter set forth. No reduction in an employee' s salary shall be made for absence from work resulting from such jury service. On those days that an employee is required to report for jury service and is thereafter excused from such service during his or her regular working hours for the CITY, he or she shall forthwith return to and carry on his or her regular CITY employment. Failure to so return to work shall result in disciplinary action and forfeiture of that day' s pay for such employee. E. PARENTAL LEAVE A leave of absence may be requested by any employee for the following reasons: ( 1 ) Becoming a parent through birth or adoption of newly born children. ( 2 ) Due to the hospitalization of a dependent child. The following provisions apply to the use of parental leave: -17- ( 1 ) Parental leave may be granted one time with pay during a calendar year, on a straight-time basis for a period not to exceed two and one-half shifts for combat employees or five consecutive days for 40 hour work week employees, from the date a child commences residence with an employee or becomes hospitalized. ( 2 ) The employee has available unused sick leave. Under no circumstances shall the employee be entitled to use as parental leave more than two and one-half shifts or five consecutive days for 40 hour work week employees . ( 3 ) The employee gives notice to his or her supervisor as soon as possible under the circumstances . (4 ) The employee provides, upon request by a supervisor, certification of birth or evidence of a child placement for adoption to his/her supervisor within five (5 ) calendar days following termination of such leave. A letter may be requested from the treating physician in the event of hospitalization of a dependent child within five ( 5 ) calendar days following termination of parental leave used for this purpose. (5 ) An employee' s sick leave shall be reduced by the number of days/shifts taken by an employee as parental leave. F. ADDITIONAL LEAVES OF ABSENCE Employees shall be eligible for additional leaves of absence, without compensation for health problems or other reasonable purposes, at the approval of the Fire Chief in compliance with Civil Service Rules and Regulations , if applicable. Any employee who requests such leave shall be subject to the following limitations : ( 1 ) The leave request shall be for not less than 90 calendar days . ( 2 ) The employee' s seniority shall be reduced the same number of days that such leave was in effect. (3 ) Upon return from such leave the employee shall be reinstated after successful completion of a physical and performance review as stipulated by the Chief . -18- ARTICLE XI ADDITIONAL ALLOWANCES. A. EDUCATIONAL INCENTIVE PAY Full-time, salaried employees who have completed all required basic training courses and probationary periods, shall be entitled to the following monthly allowances according to the educational degree held by such employees: Doctorate $100 . 00 per month Masters 75 . 00 per month Bachelors 50 . 00 per month Associate 35 . 00 per month An employee shall be eligible for incentive pay here- under following submission of his or her diploma evidencing completion of degree requirements at a fully accredited college or university to the Fire Chief . The foregoing notwithstanding, no employee shall be entitled to compensation for an educational degree which qualifies the employee for his or her position of employment; or for any degree which is not specifically related to the employee' s actual employment duties as determined by the Mayor upon recommendation of the Fire Chief . B. UNIFORM ALLOWANCE The City shall provide all employees required uniforms within budget amounts set aside by the City for uniforms . C. AUTOMOBILE ALLOWANCES Employees who are authorized to use and who do use privately owned automobiles for official CITY business shall be reimbursed for their operation expenses of said automobiles at the rate set by City policy, but no less than $ . 21/mile. Before payment is made to any employee pursuant to the terms of this paragraph, the use of the automobile must be authorized by the employee's supervisor and the mileage traveled must be verified by the head of the department involved. Verification and reimbursement shall be on forms and in the manner provided in administrative procedures, as prescribed by the City Finance Director. -19- ARTICLE XII INSURANCE. A. The CITY will make available life, accidental death and dismemberment, health, dental insurance and long term disability ( income protection plan) to all employees, upon the terms and conditions as may be from time to time determined by the CITY. B. The amount which the CITY will contribute to the employees ' insurance for fiscal year beginning July 1, 1990 and ending June 30, 1991 is set forth in Appendix "B" , attached hereto. Employee' s contribution will be deducted and apportioned per pay period. During fiscal year beginning July 1, 1991 and ending June 30 , 1992 , the City will make available life, accidental death and dismemberment, health, dental insurance and long term disability (income protection plan) to Unit employees upon terms and conditions the City is providing to employees in all certified bargaining Units during said year. C. The CITY will make available a consulting service which will provide counseling for drug abuse, alcoholism, and marriage counseling, comparable to what is currently provided. ARTICLE XIII PENSION PLAN CONTRIBUTION. During fiscal year beginning July 1, 1990 and ending midnight, June 30 , 1991, the City and all Unit employees, except those employees who are at the "0" step (according to the Wage Schedule set forth in Appendix "A" ) on the date the monthly retirement contribution is made, shall each pay the following respective shares of monthly retirement contributions required to be paid to the Utah State Retirement Fund: City Contribution - 25 . 96% Employee Contribution - None. During fiscal year beginning July 1, 1990 and ending midnight, June 30 , 1991, the City and Unit employees who are at the "0" step (according to the Wage Schedule set forth in Appendix "A" ) on the date the monthly retirement -20- contribution is made, shall each pay the following respective shares of monthly retirement contributions required to be paid to the Utah State Retirement Fund: City Contribution - 23 . 96% Employee Contribution - 2 .0% During fiscal year beginning July 1, 1991 and ending midnight June 30 , 1992, the City and all Unit employees, including employees at the "0" step, shall each pay the following respective shares of monthly retirement contributions required to be paid to the Utah State Retirement Fund : City Contribution - 25 . 96% Employee Contribution - None. SUPPLEMENTAL PROGRAMS The CITY will make available a Section 457 ( IRS Code) Deferred Compensation Plan and where possible other Deferred Compensation plans consistent with State and Federal laws . ARTICLE XIV STANDING COMMITTEES A. LABOR-MANAGEMENT COMMITTEE There shall be a Labor Management Committee consisting of six members; 3 employees appointed by the UNION and 3 employees appointed by the Fire Chief. The committee shall meet monthly or upon call of either party in the event of an emergency in a timely manner. Meetings shall be held on CITY time. It shall be the general function of the Labor Management Committee to discuss matters of mutual interest except those which are specifically covered under the grievance procedure, in accordance with Article XV, Grievance Procedure. Items brought to this committee must have first been brought before the appropriate department management personnel in an attempt to resolve the issue. An agenda shall be prepared and delivered to each of the committee members ahead of time. The Labor Management Committee shall make appropriate recommendations to the Fire Chief for his decision which shall be final and binding. It is the intent that this forum shall be used to discuss and propose solutions to problems relating to -21- employment concerns and should not be used as a means of negotiating changes to existing contracts . B. SAFETY COMMITTEE It is the desire of the CITY and the UNION to maintain high standards of safety and health in the Fire Department in order to eliminate, as far as possible, accidents , death, injuries and illness in the Fire service . There shall be a health and safety committee consisting of six ( 6 ) members; three ( 3 ) appointed by the UNION and three ( 3 ) appointed by the CITY. The committee shall meet monthly as required to conduct its business . It shall be the responsibility of the health and safety committee to report on accidents, and make recommendations to the Chief or designee on methods and means of reducing illnesses, injuries and accidents through prevention, education, and improved safety practices . C. APPRENTICESHIP COMMITTEE There shall be established an apprenticeship committee with composition and functions as specified under the terms of the apprenticeship program as has been approved by the CITY and the Civil Service Commission, and may from time to time be amended thereby. D. BID COMMITTEE There shall be established a bid committee with composition and functions as specified by the Fire Chief . The Chief of the Fire Department or his delegated subordinate officer may assign apparatus, resources, or personnel as they deem appropriate for the performance of the department' s mission. In an effort to provide a fair and equitable way of assigning personnel to positions within the department, a bid procedure allowing members of the department to express a preference for work assignments is instituted. The Union will by July 1st of each year submit in writing proposed rules for a bid procedure to the Chief for review and/or approval keeping in mind the above needs and mission of the department. -22- The Union will be notified at least 30 days prior to changes in bid procedure rules . E. STANDING COMMITTEE Members of standing committees, who report to committee meetings on their regularly scheduled shift off , will receive compensatory time for the time served in committee . ARTICLE XV GRIEVANCE PROCEDURE It shall be the policy of the CITY to adjust grievances of employees properly and fairly. Within the framework of existing laws and regulations, every reasonable effort shall be made to adjust grievances in a manner mutually satisfactory to employees and management at the lowest possible level . A grievance is defined as an alleged violation of a specific provision of the MEMORANDUM, City or Department Policies and Procedures . Employee(s ) who believe that they have received inequitable treatment because of an alleged violation of a specific provision as defined herein may, personally, or through a representative, utilize the grievance procedure outlined herein. An employee has a right to a UNION representative at all formal steps of the grievance procedure. No administrator shall discourage an employee from using the grievance procedure; however, the parties may discuss settlements of the grievance at any time. It is mutually understood that the prompt presentation, adjustment and/or answering of the grievances is desirable in the interest of sound relations between the employees and the CITY. Prompt and fair disposition of grievances involves important and equal obligations and responsibilities, both joint and independent, on the part of the representatives of each party to protect and preserve the grievance procedure as an orderly means of resolving grievances . In the event employees have alleged complaints, they may submit such to the UNION grievance committee who, upon receiving such written and signed complaint, shall determine if a grievance exists . If, in their opinion, no grievance exists, no further action will be necessary. This shall not, however, preclude individual employees from the timely exercise of grievance rights provided herein. -23- Any grievance determined to have merit by the UNION grievance committee, and not subject to Civil Service jurisdiction, shall be subject to the following formal procedure: Step 1 : The grievance shall be submitted in writing, on a form provided by the City, by the employee or the UNION to the immediate supervisor and the employee may have a representative present at time of filing. The grievance shall be presented within seven (7 ) calendar days from the time the grievance occurs or from the time the employee could reasonably be expected to have become aware of such occurrence. Failure to provide such notice within the time specified shall void any employee' s grievance rights provided hereunder. The supervisor shall render a decision on a grievance appropriately filed within seven (7 ) calendar days from the date the grievance was filed. Step 2: If no settlement is reached under Step 1, then the grievance shall be presented in writing to the District Battalion Chief in the Combat Division or to the immediate chief officer in all other divisions or sections, with a copy to the Deputy Fire Chief, within seven (7 ) calendar days after Step 1 . The Battalion Chief shall notify the parties concerned of the decision within seven ( 7 ) calendar days after hearing the grievance. Meetings held under Steps 2 and 3 of this procedure will normally be held within ten ( 10 ) working days after receipt of the grievance at each step; however, such time limits may be extended as circumstances require or as may be agreed upon by the parties hereto. Step 3 : If no agreement is reached under Step 2, the matter shall be referred to the Deputy Fire Chief or Chief Deputy over that division within seven ( 7 ) calendar days . The Deputy Fire Chief or Chief Deputy shall notify the parties concerned of the decision within seven (7 ) calendar days after hearing the grievance, Step 4 : If no agreement is reached under Step 3, the matter shall be referred to the next meeting of the labor management committee as established in Article XIV of this MEMORANDUM for their investigation, review and recommendation. -24- Step 5 : If no settlement is reached under Step 4, the grievance shall be submitted to the Fire Chief for his decision. He shall render his decision within seven ( 7 ) calendar days following receipt of the grievance. Such decision shall be subject to appeal to the Mayor whose decision shall be final and binding. Grievances resulting from direct actions taken by the Chief may be taken to the Mayor or his designee for a hearing except that the procedure shall not apply to matters involving the appointment, examination and promotion of classified civil service employees or any other matters subject to the jurisdiction of the Civil Service Commission. This procedure described herein does not preclude any person classified civil service who is removed from office or employment by the head of the department for misconduct, incompetency or failure to perform his or her duties or for failure to observe properly the rules of the department to appeal to the Civil Service Commission. ARTICLE XVI PERSONNEL FILES An employee shall have the right, upon reasonable notice, to inspect such employee' s personnel employment file for content. -25- ARTICLE XVII UNION BUSINESS It is agreed that internal UNION business such as soliciting membership, collecting dues, electing officers, membership meetings, observing grievance proceedings and posting and distributing literature will be conducted on an employee' s personal time and so as not to interfere with Fire Department operations, with the sole exception of the following: One UNION steward per shift shall be allowed a reasonable period during working hours to attend UNION meetings or participate in other UNION business as necessary up to a maximum of one ( 1 ) hour meeting per month for each such steward, unless otherwise approved by the Fire Chief . Notice of such meeting shall be provided to the Chief by the union president as soon as possible, but not less than twenty-four ( 24 ) hours in advance of such meeting. Employees designated as official delegates to UNION conferences and conventions shall be allowed time off, with pay, for the purpose of attending such conferences and conventions, which time off shall not exceed more than two (2) employees per shift nor more than a total of ten ( 10) working shifts (or additional shifts as approved by the Fire Chief ) per year of the aggregate of all such employees. Notice of such conferences shall be given to the Chief by the UNION president requesting leave hereunder as soon as possible, but no less than thirty (30) days prior to such conference. Time off under this clause will not be counted as work time for the purpose of computing overtime. In all such cases, the employees involved will obtain prior permission from the Fire Chief . ARTICLE XVIII MISCELLANEOUS POLICIES AND PROCEDURES The CITY agrees to continue to furnish no-cost annual physical examinations and off-street parking at assigned work sites and to provide monthly sleeping linen exchange, and washing linens as necessary for all members of the UNIT. -26- ARTICLE XIX TERM OF MEMORANDUM This MEMORANDUM shall remain in effect from July 1 , 1990 through June 30 , 1992 . A. It is understood by the parties hereto that certain provisions of this MEMORANDUM cannot be implemented by the CITY except upon public notice and hearing and compliance with various statutory and legal requirements . It is in this respect agreed that provisions subject to such legal contingencies shall take effect upon full compliance with such legal requirements . B. The parties hereto may, by mutual consent, agree to amend this MEMORANDUM. ARTICLE XX LIMITATION OF PROVISIONS The provisions hereof shall be effective as provided herein, but subject to approval by the City Council and the City' s appropriation of funds . During the term of this Memorandum, it is the City' s intent to make a reasonable effort to maintain a funding level sufficient to satisfy this understanding; however, the parties to this agreement mutually understand that emergencies or revenue shortfalls may alter the ability of the City to satisfy this agreement . Thus, it is expressly understood that this Memorandum does not bind succeeding elected officials of the City and shall not be construed to compel the City to impose or maintain any tax or fee structure. ARTICLE XXI WAIVER CLAUSE The CITY and the UNION expressly waive and relinquish the right, and each agrees that the other shall not be obligated during the term of this MEMORANDUM, to bargain collectively with respect to any subject or matter whether referred to or covered in this MEMORANDUM, even though each subject or matter may not have been within the knowledge or contemplation of either or both the CITY and the UNION at the time they negotiated or executed this MEMORANDUM and even though such subjects or matter were proposed and later withdrawn. -27- The parties further acknowledge that this MEMORANDUM contains wages and benefit provisions differing distinctly from provisions currently being offered to employees in other units of City employment, and the parties agree to accept such wages and benefits despite their lack of similarity to or parity with other memoranda, units, or employees . ARTICLE XXII SAVINGS CLAUSE The CITY and the UNION, hereto believing all the foregoing provisions to be lawful and mutually beneficial to them in establishing their relations as employer and employee, nevertheless hereby agree that if any part of this agreement shall be finally determined by any court of competent jurisdiction to be invalid, such part or parts shall thereby be deemed eliminated from this MEMORANDUM, and the same in all other respects shall be and remain binding upon the CITY and the UNION. In the event laws are passed by the federal government, the state, or the CITY which conflict with the provisions of this MEMORANDUM relating to hours or wages,the provisions of this agreement which are in conflict therewith may be reopened for negotiations without affecting the remaining portions of this MEMORANDUM. Further, the City and Union acknowledge that an Ordinance may be enacted by the City Council during the term of this Memorandum to supersede the "Resolution" . If an Ordinance is adopted which supersedes the "Resolution" , the terms and conditions of the "Resolution" shall continue to govern the provisions of this Memorandum insofar as such interpretation would not result in an act which is expressly prohibited by the Ordinance. In the event the subsequently adopted Ordinance prohibits the implementation of the provisions of this Memorandum (which are interpreted according to the "Resolution" ) relating to hours and wages, said provisions which are in conflict therewith may be reopened for negotiations without affecting the remaining provisions of this Memorandum. -28- IN WITNESS WHEREOF, the parties hereto have fixed their hands and seals the day and year first above written. SALT LAKE CITY CORPORATION By MAYOR ATTEST: OR ER LOCAL 1645 OF THE ````"`�11 �if+ INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS By 7- C. Signature of Charles L. Quick Notarized Notary Signaure r I ; •" LITTP.Virlta 0 f 44)5eiW a v t' ' $ Salt lata City.(CIA um�� ..' • My Commlu loa WinsSl30193 i L STATE OF UTAH J APPROVED AS TO FORM Salt Lake City Attomey's Office Date ` ^'A .410*4.4v- Fffl nce Nr,-,;t'n Ua!¢ 7-5- 9 0 EncumbtreL. yiooy —29— STATE OF UTAH ) County of Salt Lake) On the day of , 1990, personally appeared before PALM DePAULIS and KATHRYN MARSHALL, who being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPORATION, and said persons acknowledged to me that said corporation executed the same. Notary Public S.R kIVEiT L - ; S. s i1I ` 1�►Camir�s on&Otos I OTARY PURL , residing in SMIsof I Salt Lake County, Utah My Commission Expires : —30— STATE OF UTAH ) : ss . County of Salt Lake) On the 30 day of ,) k-.._si-e , 1990, personally appeared before me ( ‘„c,„_\e�. L. (6_,,•- / , who being by me duly sworn, did say that he is the y^ectcie_tAA .. of INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1645, that the foregoing instrument was signed in behalf of said association by authority of a resolution of its board of directors; and said person acknowledged to me that said association executed the same. Signature Date NOTARY PUBL C, residing inn fc� Salt Lake County, Utah My Commission Expires : ,K-�_--r NOTARY BBC� 'U :,,,,,, . elaLlUsikUPThiutah I FMN:cc Obi* 1s1 Hour S �Iply.I 84111 '' MyCosiMtl1 Enka 5/301931 1.... STATE OF UTAH .- -31- APPENDTX A COMPLETED 1990-92 YEARS OF MONTHLY PAY CLASS SERVICE SALARY 415-A 0 $1452 415-B 1 $1862 415-C 2 $1913 415-D 3 $1965 415-E 4 $2132 415-F 5 $2251 415-G 6 $2313 415-H 7 $2363 415-I 8 $2413 415-J 9 $2463 415-K 10 $2513 415-L 11 $2563 415-M 12 $2613 415-N 13 $2663 415-0 14 $2681* *0-Step Adjustment Effective December 30, 1990, the base salary rate of the 415-0 step on this wage schedule shall be increased from $2681. 00 to $2781. 00 per month. 405-A $1444 405-B $1484 405-C $1525 405-D $1567 405-E $1610 405-F $1654 405-G $1699 405-H $1746 405-I $1794 405-J $1844 405-K $1894 405-L $1946 405-M $2000 405-N $2055 405-0 $2111 405-P $2170 410-A $1691 410-B $1738 410-C $1785 410-D $1835 410-E $1885 410-F $1937 410-G $1990 410-H $2045 410-I $2101 410-J $2159 410-K $2219 410-L $2280 410-M $2341 410-N $2406 410-0 $2462 410-P $2541 ANNIVERSARY MERIT INCREASES FOR FISCAL YEAR 1990-91 During fiscal year beginning July 1, 1990 and ending midnight June 30 , 1991 , each Unit employee will advance under the wage schedule set forth above to the next step on their anniversary of hire date. ANNIVERSARY MERIT INCREASED FOR FISCAL YEAR 1991-92 During fiscal year beginning July 1, 1991 and ending midnight June 30 , 1992 , each Unit employee will advance to the next step under the wage schedule described above on their anniversary date of hire. PARAMEDIC: Effective July 1, 1990 , a member of the Unit assigned and certified to perform as a Paramedic will be paid in addition to the regular salary of a Fire Fighter the following incentive pay: Initial Certification with Salt Lake City Fire Department $250.00 First Re-Certification with Salt Lake City Fire Department $300. 00 Second Re-Certification with Salt Lake City Fire Department $350.00 A member of the Unit certified but not assigned as a Paramedic or the Paramedic Coordinator will receive one-third of the above in- centive pay. HAZ MAT, ENGINEER, CFR: A member of the Unit assigned and cert- ified to perform as a specialist in one of these categories will be paid in addition to the regular salary of a Fire Fighter, $125 . 00 per month, as incentive pay. APPENDIX B GROUP INSURANCE PREMIUMS FOR FISCAL YEAR 1990 - 1991 Medical Dental City Employee City aployee Share Share Share Share P.E.H.P Traditional Single 41.51 17.45 15.65 1.98 Couple 85.55 36.04 11.38 4.00 Family 114.20 47.98 14.88 5.23 P.E.H.P. Preferred Single 41.51 14.58 5.65 1.98 Couple 85.55 30.06 11.38 4.00 Family 114.20 40.13 14.88 5.23 Healthwise Single 43.13 15.16 4.90 1.72 Couple 87.86 30.87 9.81 3.45 Family 118.50 41.63 16.70 5.87 F.H.P. Single 38.23 13.43 6.66 2.34 Couple 84.02 29.52 11.78 4.14 Family 113.78 39.98 18.54 6.52 The following benefits will automatically be applied to employee' s Medical/Dental coverage regardless of employee' s choice of health insurance carrier at an additional cost. If employee elects not to have Medical/Dental coverage, employee may apply for the benefit package below separately. Employee City Share Share * Disability Income .47 1.36 * Basic Life for the employee .03 per $1000 .11 per $1000 * Basic Life for the employee's family .11 .30 * Accidental Death & Dismemberment .07 .22 SALT LAKE CITY ORDINANCE No. of 1990 (Approving the Memorandum of Understanding between Salt Lake City Corporation and the American Federation of State, County and Municipal Employees, Local 1004 representing the 100 Series City Employees ) AN ORDINANCE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY CORPORATION AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1004 REPRESENTING THE 100 SERIES CITY EMPLOYEES . PREAMBLE Section 2 . 52 . 117 of the Salt Lake City Code, as amended, adopted a Compensation Plan for 100 Series Employees of Salt Lake City effective July 1, 1990 and ending June 30 , 1991 . The Compensation Plan would be effective for fiscal year 1990-91 unless, prior to June 30, 1990, a Memorandum of Understanding was approved by the certified bargaining representative for the 100 Series Employees and the Mayor, as the Chief Administrative Officer for the City. The American Federation of State, County and Municipal Employees, Local 1004, as the certified bargaining representative for the 100 Series City Employees, and the Mayor, approved a Memorandum of Understanding prior to June 30, 1990 . The Memorandum of Understanding was executed by the Mayor and the American Federation of State, County and Municipal Employees , Local 1004 on July 6 , 1990 . Section 9 (c) of the Salt Lake City Third Amended Labor Bargaining Resolution dated April 10 , 1984, provides that no collective bargaining Memorandum of Understanding shall be effective until the City Council approves the Memorandum of Understanding, enacts implementing legislation and appropriates all required funds . The City Council has appropriated necessary funds required to implement the provisions of the attached Memorandum of Understanding for fiscal year 1990-91 . Accordingly, the City Council wants to approve the attached Memorandum of Understanding between Salt Lake City Corporation and the American Federation of State, County and Municipal Employees Local 1004 which would supersede the Compensation Plans adopted by Section 2 . 52 . 117 of the Salt Lake City Code . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . PURPOSE. The purpose of this Ordinance is to approve the Memorandum of Understanding dated July 6, 1990 executed by the Mayor, as the Chief Administrative Officer for the City and the American Federation of State, County and Municipal Employees Local 1004, representing the 100 Series Employees , pursuant to Section 9 (c) of the Salt Lake City Third Amended Labor Bargaining Resolution dated April 10, 1984 . The Compensation Plan adopted by Section 2 . 52 . 117 of the Salt Lake City Code shall be superseded by the Memorandum of Understanding dated July 6 , 1990 . -2- SECTION 2 . The attached Memorandum of Understanding between the City and the American Federation of State, County and Municipal Employees Local 1004 is hereby approved . SECTION 3 . AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby authorized to act in accordance with the terms and conditions of the attached Memorandum of Understanding. SECTION 4 . EFFECTIVE DATE. This Ordinance shall be deemed effective on its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR APPROVED AS TO FORM Salt Lake City Attomey's Office Date ' to ' 9f By" -3- ATTEST: CITY RECORDER FMN:cc -4- CONTRACT ROUTING FORM REQUESTING DEPARTMENT/DIVISION DATE DEPARTMENTAL CONTACT PHONE s. 4 77-e,‹-v-e47 NAME OF CONTRACTING PARTY REF # A,/E2/64 y EDt/z/}T/o.l) F ST4rEjr,0 a,'/T)/4' EMPL4 y&E S. c/eE -/ Fd -eio- SUBJECT U N,o,J /`/E 6 or/ E , 'r/l,q c7-3 • Yes No Number of Copies Insurance Required Expected Completion Insurance Attached RECORDER FINANCE Contract No. '/- c Y/ ' Vendor No. Account No. Funds Available G -y Funds Not Needed ATTORNEY APPROVED AS TO FORM Date - 6 o B COPY DISTRIBUTION Date To AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING THIS AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING, is entered into this 6p day of , 1990, by SALT LAKE CITY CORPORATION, hereinafte refe red to as the "CITY" and Local 1004 of the AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES; affiliated with AFSCME International AFL-CIO, hereinafter referred to as the "UNION" . WITNESSET H: WHEREAS , the City has endorsed the practices and procedures of collective bargaining specified in its Collective Bargaining Resolution of November 16, 1977, as amended on April 10 , 1984, (hereinafter referred to as "RESOLUTION" ) , as a fair and orderly way of conducting its relations with its employees insofar as such practices and procedures are appropriate to the functions and obligations of the CITY and to retain the right effectively to operate in a responsible and efficient manner, consistent with the paramount interests of the CITY; and WHEREAS, the City and the Union entered into a Memorandum of Understanding on June 30 , 1989 . The Memorandum was effective from July 1, 1989 through June 30, 1991 . In said Memorandum of Understanding, the Union and the City mutually agreed to reopen the Memorandum for fiscal year 1990-91 on the following issues : wages and salaries , pensions , insurances , snowfighter pay, allowance incomes and reimbursements ; and WHEREAS , the City and the Union have negotiated and have reached agreement on wages and salaries , pensions, insurances , snowfighter pay and allowance incomes and reimbursements for fiscal year 1990-91; and WHEREAS , the City and the Union want to amend the Memorandum of Understanding dated June 30, 1990 to reflect the agreement on wages and salaries, pensions, insurances , snowfighter pay and allowance incomes and reimbursements for fiscal year 1990-91 with all other provisions of said Memorandum remaining in full force and effect; and WHEREAS , the parties recognize that this amendment to the Memorandum of Understanding, hereinafter referred to as the "MEMORANDUM" , is not intended to modify any of the discretionary authority vested in the CITY by the Constitution and Statutes of the State of Utah, the body of law developed thereunder or under its ordinance or Collective Bargaining Resolutions or any ordinance superseding the Collective Bargaining Resolutions; and WHEREAS, it is the intention of the parties that this Memorandum, where not otherwise mandated by statute or ordinance, governs the salary structure, fringe benefits and employment conditions of all the employees classified by the City as "100 Series" , hereinafter referred to as the "UNIT" to prevent interruptions to work and promote the efficient operation of the CITY, and to provide an orderly and prompt method of handling and processing grievances . NOW, THEREFORE, the parties hereto declare their mutual understandings as follows : ARTICLE I PRODUCTIVITY AND CONSTRUCTION OF MEMORANDUM Delivery of municipal services in the most efficient, productive and courteous manner is of paramount importance to the CITY and the UNION. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities . All provisions of this MEMORANDUM shall be construed in compliance with such obligation and shall not abrogate in any respect provisions of the CITY' s Collective Bargaining Resolution or the Ordinances of Salt Lake City, Utah. All questions of interpretation of this MEMORANDUM shall be resolved according to Article XXIV of this MEMORANDUM. ARTICLE II RECOGNITION The CITY recognizes the UNION as the exclusive bargaining agent pursuant to the Resolution for the purpose of negotiating salaries, wages, hours and other conditions of employment for employees in the UNIT. These rights of the employees ' bargaining agent shall remain in effect subject to the terms and conditions of the RESOLUTION. -2- ARTICLE III MANAGEMENT RIGHTS The City retains the exclusive right to manage all phases of its operations and to direct its work force except as specifically modified, curtailed, delegated, or relinquished under the terms of this MEMORANDUM. ARTICLE IV EMPLOYEE RIGHTS A. CITY employees shall have the right to join and participate in the activities of the Union subject to the Resolution for the purpose of representation on all matters of employee relations or to refuse to join or participate in such activities and shall have the right to represent themselves individually in their employment relations with the CITY. Employees shall be free from any and all restraint or coercion in the exercise of their rights and shall not be discriminated against because of membership or non-membership or activity or non-activity with the UNION. B. Both parties to this MEMORANDUM agree to assure equal employment opportunity to all employees and applicants of employment and to prohibit any employment practice which discriminates against any employee or applicant for employment with respect to compensation, terms, conditions or privileges of employment because of an individual ' s race, color, religion, national origin, marital status , eligibility for military service, sex, age (as provided by law) or mental or physical handicap, to the full extent required by law. It is further agreed that representatives of both parties shall comply with this provision in the administration of this MEMORANDUM. C . If the subject matter of discussions with an employee and a decision by the CITY thereon would effect an interpretation or change in this MEMORANDUM, the UNION shall have the right to be heard before final action is taken by the CITY. D. The CITY shall make available to the UNION for distribution one ( 1 ) copy of this MEMORANDUM for each employee in the UNIT, in design, printing and form determined by the CITY in consultation with the UNION. The UNION agrees to consult with the CITY on the mode of distribution of such copies . -3- E . The rights specified in this Article shall be in addition to grievance rights granted under Article XXV of the MEMORANDUM, relating to the presence of stewards and other persons in disciplinary proceedings . ARTICLE V UNION RIGHTS A. The UNION shall have the right to present its views to the CITY either orally or in writing. A representative of the UNION shall, at an employee' s request, be given the opportunity to be present for hearings in processing an employee' s grievance under the CITY's grievance procedure. The UNION accepts the responsibility for, and agrees to represent in good faith, the interests of all employees in the UNIT without discrimination and without regard to membership in the UNION. B . The CITY agrees to recognize the officers and duly designated representatives of the UNION. The UNION agrees to keep the CITY advised, in writing, of its officers and stewards . The number of UNION stewards shall be the number reasonably required, as determined by consultation, to assure that each employee in the UNIT shall have access to a UNION steward. The duly designated UNION stewards shall, upon proper notification to their immediate supervisors and receipt of permission from such supervisors, be allowed a reasonable opportunity, during working hours, for the purpose of investigation, adjustment, and/or representing employees in grievances; provided that the CITY may require that no more than one steward shall be allowed such privileges, during working hours, for any one incident, regardless of the number of employees involved. Such permission shall not be unreasonably denied. The agreed upon number of stewards shall be distributed as follows : Police Records 1 , Dispatch 2, Finance 1, Animal Control/Parking Enforcement 1 , Public Utilities 9 , Fleet 1 , Public Works 5, City Hall 1 , Courts 1 , Airport 6, Parks 4 . The UNION shall identify the representatives on July 1 of each calendar year to the Director of the Department of Human Resource Management . Any changes shall be reported as soon as is practical . It is the intent of this Agreement to limit the total number of stewards representing both 100 and 200 series employees to 32 stewards . -4- C. It is agreed that internal UNION business such as soliciting membership, collecting dues, electing officers , membership meetings, and posting and distributing literature shall be conducted during the non-duty hours of the employees with the exception of the following : 1 . One UNION representative from each department shall , upon receipt of permission from such employee' s immediate supervisor, be allowed a reasonable period during working hours, to attend UNION meetings or to participate in other UNION business as necessary, up to a maximum period of two hours per month, unless otherwise approved by the department head; and 2 . Employees designated as official delegates to UNION conferences and conventions shall be allowed time off with pay for the purpose of attending such conferences and conventions not to exceed fifteen ( 15) working days per calendar year. 3 . This does not preclude the business representative from delivering Union material to the designated bulletin board when it does not interfere with normal work routine. The UNION shall provide the CITY 15 days ' notice of all conferences and conventions; and, in all cases , the employees shall obtain prior permission from their immediate supervisors at the earliest opportunity. Such permission shall not be unreasonably denied. D. The business representative may provide written information about the Union to coincide with other new employee written materials, to be distributed during new employee orientation. E. The CITY agrees to deduct twice a month, UNION membership dues and other fees designated by the UNION from the pay of each employee who individually requests in writing that such deductions be made. The CITY further agrees to cease deduction of such fees upon written request by the UNION. The CITY shall provide to the UNION a list of membership additions and deletions and current addresses , telephone numbers , and original dates of hire when available as computed by the CITY' s payroll department . Such information shall be provided upon -5- the UNION' s request semiannually with ten days advance notice . F . The CITY agrees to designate space not less than four ( 4 ) feet wide and three ( 3) feet long in convenient view as determined by the CITY at the Water Department Complex at the Public Works Department Complex at the Salt Lake City International Airport, the Parks Department Complex , at the Salt Lake City Cemetery shops, Fleet Management shops, Water Reclamation Plant and Parking Enforcement office. Said space shall be available to the UNION for posting notices bearing the written approval of the UNION and shall be restricted to non-partisan and ethical matters . They may include: notices of UNION recreational and social affairs; notices of UNION elections; notices of UNION appointments and results of UNION elections; notice of UNION meetings and agenda; notices concerning bona fide UNION activities such as cooperatives, credit unions and unemployment compensation information; and/or other notices . The Labor-Management Committee shall make recommendations to the Mayor regarding placement of bulletin boards which shall be maintained by the UNION for the purpose of UNION posters, according to the criteria of this article. There shall be no other general distribution, solicitations or posting of pamphlets, advertising or political matter, notices, or any kind of literature or solicitations upon CITY property other than as herein provided . Nothing herein shall be construed to prohibit distribution of appropriate UNION publications or notices defined hereinabove to members of the bargaining UNIT and as described in Article V C ( 3) . ARTICLE VI WAGE SCHEDULE All full-time salaried Unit employees shall be paid in accordance with the wage schedule set forth in Appendix "A" effective from July 1, 1990 to midnight June 30 , 1991 . Employees shall be eligible for a merit increase on their anniversary date in accordance with the salary schedule provided in this Article VI during fiscal year beginning July 1 , 1990 through June 30, 1991 . All full-time salaried employees shall be paid monthly salaries . Part-time and seasonal employees shall be paid on -6- an hourly basis . No employee paid on an hourly basis shall receive in excess of the starting rate of pay for similar job duties under the wage structure for employees newly hired as a full-time salaried employee. Further, all full-time salaried Unit employees who were at the D step on June 30, 1990 (according to the wage schedule effective for fiscal year 1989-90 ) , shall receive a onetime incentive payment in the amount of Three Hundred Dollars ( $300 ) on or before August 15, 1990 . In order to be eligible for the onetime incentive payment, the employee must be a full-time salaried employee on the date the incentive payment is made. ARTICLE VII SHIFT DIFFERENTIAL In addition to the wage rates referred to under Article VI, the CITY shall pay an hourly premium of forty cents ( $ . 40 ) to employees who work a regularly scheduled swing shift or night shift ( starting hours between 12: 00 noon and 5 :59 a .m. ) . Shift differential premiums shall be used in the computation of overtime pay under Article IX of this MEMORANDUM; however, such premiums shall not be used to compute compensation for standby, callback, or any other premiums pay or minimum hourly guarantee. ARTICLE VIII WAGE DIFFERENTIALS In addition to the wage rates referred to under Article VI, employees designated by the CITY as members of the Snow Fighter Corps , shall receive a pay differential equal to one hundred twenty-five dollars ($125 . 00) per month during the periods of November 15 through March 15 of each year. Such pay differential shall be for work related to snow removal and shall be separate from regular earnings on each employee ' s wage statement. Employees who are qualified to operate snow removal equipment shall be assigned to the Snowfighter Corps by seniority on a volunteer basis . If the City does not have enough volunteers to staff a snowfighter crew, as determined by the supervisor or department head, employees shall be assigned on a seniority basis with the junior employees assigned first. Provided however, that any employee otherwise qualified for the allowance, who is absent from normal scheduled work more than ten ( 10 ) working days in a month, shall be ineligible to receive the allowance for that month. -7- Vacation and compensatory time shall not be considered as absent work days for purposes of determining eligibility for the allowance described in this Article VIII . In addition to the wage differential described above, all full-time salaried Unit employees acting as snowfighters during fiscal year 1989-90 shall be paid a onetime incentive payment in the amount of $125 prior to August 15, 1990 for work performed during fiscal year 1989-90 . Provided, however, full-time salaried employees who received snowfighter pay for less than five months during fiscal year 1989-90 will be paid on a pro rata basis . In order to be eligible for the onetime incentive payment, the employee must be a full-time salaried employee on the date the onetime incentive payment is made. Eligible employees who have completed required training and testing for certification shall receive the following certification allowance: TABLE I Monthly Water Treatment Operators Distribution Workers Trainee Operator Sr.Operator Grade 1 -0- -0- -0- 2 $20 -0- -0- 3 $50 $30 -0- 4 $100 $80 $50 TABLE II Wastewater Works Operator Grade 1 -0- 2 20 3 50 4 100 -8- ARTICLE IX HOURS OF SERVICE AND OVERTIME A. HOURS OF WORK Forty hours shall constitute a normal work week except for work incentive programs approved by the CITY, provided, however, work in excess of 40 hours per week shall be considered as overtime work. Overtime work is to be discouraged. In case of emergency or whenever public interest demands, an employee may be required to perform overtime work by a department head. For the purposes of this article, a shift change shall mean a change from one permanent shift (day shift, swing shift, graveyard shift) to another shift . An emergency shall be defined as an act of God, i .e. , earthquakes , floods, and tornados or any other circumstance defined by the Mayor, Department head or the Salt Lake Emergency Management Plan. This clause shall not be construed to limit or prevent the CITY from changing or establishing work shifts as the need arises or to guarantee employees forty ( 40) hours work per week. The City with the concurrence of the UNION has adopted variable 40 hour work week schedules including 8 hour, 10, hour, and 12 hour shifts . It is the intent of the CITY to give 10 working days notice of any work schedule and shift changes to all affected employees . In the event such notice is not given to affected employees , the CITY will provide call back pay for each working day less than the required 10 working day notice. Such call back pay shall not be paid in emergencies . Notice of a shift change shall be given by the City orally and in writing to employees affected in accordance with the terms of this Article IX. B. REST PERIODS Employees shall be entitled to a fifteen minute rest period or coffee break during each consecutive four ( 4 ) hour working period, which time shall be included within the work shift, except where extraordinary circumstances render such break impracticable . A reasonable effort shall be made to provide such breaks near the middle of each four (4 ) hour work period; provided, however, there shall be no additional compensation paid to employees electing or required to forego such rest period. -9- C . MEAL PERIODS All employees shall be granted not to exceed, a sixty- minute lunch period during each work shift; provided, however, said lunch period shall be scheduled in accordance with the operational needs of the department by the shift supervisor. No employee shall be compensated for such periods unless the employee is required by the supervisor to be on the work site, and is required to perform any work during such time, then such employee shall be paid for the work. If , in lieu of payment, the employee wishes to end the work shift early by the same number of minutes worked into the lunch break, the employee may elect to do so with the consent of the supervisor. D. CLEANUP PERIOD Employees shall be granted a personal cleanup period prior to the end of each work shift. The duration of such period shall be as determined to be hygienically necessary by an employee ' s immediate supervisor, not to exceed a maximum of fifteen ( 15 ) minutes per duty shift, exclusive of shutdown and travel times, unless a longer period has first been authorized by the immediate supervisor based upon extraordinary need and circumstances . E . OVERTIME COMPENSATION 1 . Employees required to perform overtime work shall be compensated either by pay at one and one-half the applicable hourly rate; or an allowance of time off from employment with pay on the basis of one and one-half hours off for each hour of overtime worked. The determination of whether to award pay or compensatory time off shall be the absolute discretion of the CITY, except, however, that employees may indicate a preference for the form of overtime payment contingent upon approval by the department head, scheduling requirements and availability of funds . Employees are allowed to accumulate and maintain 40 hours minimum of compensatory time if such is allowed as compensation for overtime. Overtime work shall be distributed among qualified employees on the following basis : (a ) A reasonable attempt shall be made to offer overtime work to qualified employees on a -10- rotation basis; first to the employee with the least number and so on, until the overtime work has been accepted or until all employees contacted have declined such work so that at the completion of the calendar year all employee' s overtime hours are reasonably equal. In cases where two or more employees have an equal number of overtime hours as set forth above, seniority shall govern . Hours of overtime work offered but declined by an employee shall be computed as time worked for purposes of determining overtime eligibility under this paragraph; however, nothing in this section shall require payment for overtime hours not worked. (b) If no qualified employee accepts overtime work under the foregoing provisions, overtime assignments shall be made by the CITY by first attempting to contact the qualified employee with the least City seniority, and thereafter to the next least senior, qualified employee until all overtime work assignments have been made. For an employee to refuse an overtime assignment under this paragraph may be grounds for disciplinary action. When time off from employment is allowed as compensation for overtime, such time off shall be granted within twelve ( 12) months from the performance of the overtime work. (c ) A department head may set by policy the amount of compensatory time hours an employee may accumulate at any one time . This maximum accumulation shall be based on departmental needs , budget constraints and consideration for the employee' s best interests . Provided however that if an employee accumulates more than 240 hours compensatory time, the City shall pay for any overtime worked in excess of the 240 hours . 2 . An employee may be required to work on holidays designated hereunder and shall be granted straight-time pay for holidays so worked. Such employees , however, may designate an alternate day to celebrate a worked holiday, provided the day -11- designated is within one calendar year following the holiday worked, and a written request is approved in writing by the employee' s supervisor, who shall have the sole and absolute discretion to approve any such request. Unless otherwise agreed to in writing by the parties, holiday work selections shall be made by departmental seniority. 3 . All paid time shall be defined as time worked for purposes of overtime computation; provided, however, that callback and standby pay premiums or unworked hourly guarantees shall be excluded from such computation. 4 . An employee who, with supervisory approval, works two ( 2) or more additional hours to their regular duty shift shall be paid four dollars and fifty cents ( $4 . 50 ) as reimbursement for meals . Thereafter, employee(s) shall receive four dollars and fifty cents ( $4 . 50) for each additional consecutive four (4 ) hours of work. Attempts to avoid the intent of this paragraph shall be discouraged. 5 . An employee shall be entitled to receive compensation for a criminal or civil court appearance made during his or her off-duty hours as a witness subpoenaed by Salt Lake City or the State of Utah as follows : a. Felony and class "A" misdemeanor cases : four (4 ) hours of hourly base pay. b. All other misdemeanor, traffic and other cases , including juvenile court and drivers license cases and all civil cases : Three (3 ) hours of hourly base pay. Compensation shall be provided by authority of this section only if : a . The time of the required appearance and of the witness ' s release is noted on the subpoena and initialed by the prosecuting or City Attorney. b. The specified time of appearance is not within one ( 1 ) hour of commencement or completion of a duty shift, or the witness is required to appear during a duty shift and is -12- released from appearance more than one (1 ) hour after completion of that shift. c . A copy of the witness ' s subpoena complying herewith shall have been delivered to the witness ' s supervisor within seven ( 7 ) days following the court appearance. Compensation shall be provided hereunder for no more than two ( 2 ) appearances per day. A second appearance shall be compensable only if it is specified to occur: a . More than four (4 ) hours after commencement of a witness ' s appearance in a felony case; or b. More than three ( 3 ) hours after any other appearance compensable hereunder. The prosecuting or City Attorney shall have the right and the duty to refuse to initial the subpoena of any witness who through tardiness, absence or neglect fails to appear in compliance with the terms of the subpoena. Any employee failing to appear in compliance with the terms of a formal notice or subpoena shall be subject to disciplinary action. F. AVAILABILITY FOR WORK Any employee failing to remain available for work as required or to report to work in suitable condition to perform job functions, shall be subject to disciplinary action and forfeiture of applicable compensation; provided, however, that employees directed to return to work on callback status shall not be disciplined if they, as early as possible, inform the supervisor of any incapacity to perform the work directed. Any employee determined as unfit at the time of report to callback duty shall not receive any compensation otherwise due him or her. G. INCLEMENT WEATHER Employees reporting to work on normally scheduled working days shall be guaranteed ( 3 ) hours regular pay when management directs that no work be undertaken and they are requested to return home. If any work is performed they shall be guaranteed ( 8 ) hours regular pay. -13- ARTICLE X STANDBY PAY Employees may be required by an appropriate department head or designated representative to keep themselves available for City service during otherwise off-duty hours and leave word where they can be reached for an immediate call to service . Such employees shall receive the following compensation in addition to that to which they are otherwise entitled: 1 . Employees designated by the CITY as members of the Snow Fighter Corps, shall be required to stand by as described in this Article XII to respond to emergency situations on a continuous basis and shall receive therefor the compensation referred to under Article VI of this MEMORANDUM or overtime compensation where applicable, but no other compensation or minimum hourly guarantees . 2 . All other employees required to stand by as described in this Article X to respond to emergency situations shall receive two ( 2 ) hours straight time pay per each 24-hour day they are on the limited standby status . In addition thereto, each such Employee shall be guaranteed a minimum four ( 4 ) hours work or straight-time pay therefor on such occasions as they actually report to work while on the limited standby status . Provided however that employees in the Department of Public Utilities and the Airport exclusively shall receive two (2 ) hours of straight time pay per each 12-hour period they are on limited standby. Employees receiving snow fighter allowance pursuant to Article VIII shall not be affected by the additional standby allowance provided herein. Employees shall receive an additional two ( 2 ) hours straight time pay for each occasion called to work, during the 24-hour stand by period, after the first occasion when the four hours is guaranteed. ARTICLE XI CALLBACK PAY Employees who have been released from normally scheduled work and standby periods and who return to work upon direction of an appropriate department head or -14- designated representative, without advance notice or scheduling, shall receive a premium of three ( 3) hours straight-time pay and shall be guaranteed a minimum four (4 ) hours work or straight-time pay therefor. This Article XI shall not be construed as a shift change as described under Article VIII . ARTICLE XII HOLIDAYS A. HOLIDAYS SPECIFIED The following days shall be recognized and observed as holidays for all full-time salaried employees and all such employees shall receive their regular rate of pay for each of the following unworked holidays . Employees working 10-hour or 12-hour shifts shall be allowed the following days without reimbursement to the CITY. Part-time and seasonal employees shall not be entitled to holiday benefits : 1 . The first day of January, called New Year' s Day; 2 . The third Monday of January, observed as the anniversary of the birth of Dr. Martin Luther King, Jr. , also known as Human Rights Day. 3 . The third Monday of February, observed as President' s Day; 4 . The last Monday of May, called Memorial Day; 5 . The fourth day of July, called Independence Day; 6 . The twenty-fourth day of July, called Pioneer Day; 7 . The first Monday in September, known as Labor Day; 8 . The second Monday of October, known as Columbus Day; 9 . The eleventh day of November, known as Veterans ' Day; 10 . The fourth Thursday in November, known as Thanksgiving Day; and 11 . The twenty-fifth day of December, called Christmas . -15- 12 . One personal holiday can be taken upon request of the employee at the discretion of the department head . Employees are eligible for this holiday only after satisfactorily completing their initial probationary period. Approval or disapproval of this holiday shall be given no later than five (5 ) working days after an employee' s request . B. ALTERNATIVE AND ADDITIONAL HOLIDAYS When any holiday listed above falls on Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or the City Council . C. HOLIDAY WORK Full-time, salaried employees required to work on a day designated for celebration of a holiday hereunder shall, in addition to their holiday pay, receive pay at their regular rates or compensatory time off on a straight-time basis; provided, however, that when hours worked plus designated holiday hours exceed 40 hours in a single work week, overtime compensation shall be granted an employee in addition to his or her holiday pay. For purpose of this section, hours worked shall be construed as paid time as defined under the overtime section of this MEMORANDUM. D. HOLIDAY PAY LIMITATION No employee shall receive in excess of any one day of holiday pay for a single holiday. All employees must work or be on authorized leave their last scheduled working hours before the next scheduled working day following the holiday to qualify for holiday pay. E. COLUMBUS DAY EXCEPTION Columbus Day may be celebrated within 45 days following the date of its actual occurrence as specified in Section A above; provided, however, that an employee may celebrate said Columbus Day on a day other than specified if a written request is approved in writing by the employee' s supervisor, who shall have the sole and absolute discretion to approve any such request. -16- ARTICLE XIII VACATIONS A. VACATIONS AUTHORIZED Full-time, salaried employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions of this Article . Part-time and seasonal employees shall not be entitled to any vacation or other benefits . Every full-time salaried employee shall earn a vacation period monthly from the date employee becomes a full- time salaried employee; provided further, that no person shall be entitled to any vacation unless such person has successfully completed his or her initial probationary period of full-time salaried employment with the CITY. B. VACATION SCHEDULE 1 . Except as provided in Article XIII B( 2) , employees shall accrue vacation under the schedule in paragraph 3 of this section; provided that no person shall be entitled to any vacation unless such person has successfully completed his or her initial probationary period. 2 . Employees who became a full time salaried employee before June 30, 1986 and who have elected to continue using the former vacation schedule shall accrue vacation as outlined in paragraph 4 of this section. The election to accrue vacation pursuant either to the former vacation schedule (paragraph 4 ) or the vacation schedule outlined in paragraph 3 is a one time election and cannot be changed by the employee at a later date. 3 . Completed Years Hours of Hours Accrued of Consecutive Vacation Per Biweekly City Service Per Year Pay Period 0 to completion of year 1 40 1 . 54 Beginning of year 2 to completion of year 3 80 3 . 08 Beginning of year 4 to completion of year 6 96 3 . 69 -17- Beginning of year 7 to 120 4 . 61 completion of year 9 Beginning of year 10 to 144 5 . 54 completion of year 12 Beginning of year 13 to 160 6 . 15 completion of year 15 Beginning of year 16 to 176 6 . 77 completion of year 19 Beginning of year 20 or more 200 7 . 69 C. FORMER VACATION SCHEDULE Completed years Hrs . of Vacation Hrs . Accrued of consecutive per year Per Biweekly City service Pay Period 0 to 9 96 3 . 69 10 to 14 136 5 . 23 15 or more 176 6 . 77 D. RULES FOR TAKING VACATION 1 . Employees with the greatest City seniority shall be given the first consideration for requested vacation periods . Supervisors shall respond to vacation requests by granting or denying each request as soon as possible or at least within ten ( 10 ) working days . Employees shall submit requests for vacation for the calendar year during the period commencing January 1 and ending January 31 of each year. Employees shall be granted vacation on a City seniority basis . The departments shall post the vacation schedule for the calendar year by March 1 of each year. Requests for January vacation shall be submitted in November of the previous calendar year. 2 . Employees called back to work during a vacation period shall be compensated for the time worked at time and one-half . An Employee shall not be paid vacation compensation during the callback however, the employee shall be allowed to reschedule the remaining vacation not used. 3 . Employees may accumulate vacations (including both earned vacation and sick leave conversion time) , -18- according to the length of their full-time consecutive years of employment with the CITY up to the following maximum limits: (a) After 6 months - up to 200 hours; (b) After 9 years - up to 240 hours; (c) After 14 years - up to 280 hours . Any vacation earned or accrued beyond said maximum shall be deemed forfeited unless utilized prior to the end of the calendar year in which such maximum has been accrued. 4 . Except upon termination as provided in Section D, or purchase as provided in Section E, no employee shall be entitled to be paid for vacation earned but not taken. D. BENEFITS UPON TERMINATION • 1 . Every employee whose employment is terminated by resignation or otherwise shall be entitled to be paid for: (a) All earned vacation time accrued, unused, unforfeited and lawfully forwarded from previous years, plus; (b) A termination benefit consisting of all vacation accrued, unforfeited and unused for the year of employment during which the termination shall occur. (c ) In cases of permanent separation, the CITY shall compensate employees for unused compensatory time off, within thirty (30 ) days from the date of termination. (d) Employees subject to layoff because of lack of work or lack of funds shall be eligible for reimbursement of 50% of their accumulated unused sick leave hours . 2 . An employee resigning from the CITY and giving less than ten ( 10 ) working days' notice shall be eligible for reimbursement for all but up to two days of their accrued, unused vacation pay. -19- All full-time salaried employees shall not be eligible to use accrued vacation until the successful completion of their initial probationary period. E. CASH PAYMENT OF EARNED VACATION TIME IN LIEU OF USE 1 . The CITY may purchase up to, but not exceeding, 80 hours of earned and accrued vacation time, to which an employee is entitled as authorized in this article, with the consent of said employee and upon favorable written recommendation of the employee' s department head. 2 . Said purchase of accrued vacation time may be authorized, in the sole, exclusive and absolute discretion of the CITY, when, in its judgment, it is demonstrated that: (a ) Vacation time is accrued and earned in accordance with this agreement; (b) The cash payment in lieu of vacation time use shall not interfere with an employee' s performance or create an unreasonable hardship on said employee. (c ) There is a demonstrated need for the CITY to retain the services of the employee for the said vacation time; (d) There are sufficient monies in the departmental budget to pay for the vacation time as certified by the City Finance Director or designee, without disturbing or interfering with the delivery of CITY services; and (e) The employee consents voluntarily to the cash payment in lieu of time off from the employee' s regular work schedule. 3 . The foregoing, notwithstanding, under no circumstances may the CITY purchase more than 80 hours of earned but unused vacation time from an employee during any twelve (12 ) month period. (a ) The amount to be paid for any such purchase of vacation time as provided herein shall be based on the wage or salary rate of the said -20- employee at the date of approval by the CITY. However, under no circumstances shall any overtime compensation be paid, computed or accrued by virtue of the City authorizing an employee to work a vacation period and receive cash payment therefor in lieu of use. (b) The CITY and its departments shall extend a diligent effort to provide every employee his or her earned annual vacation, and shall, through appropriate management efforts , seek to minimize the recommendations for cash payments in lieu of vacation use. Any vacation purchased by the CITY shall be considered to be an extraordinary circumstance and not a fringe benefit of the employee. ARTICLE XIV SICK LEAVE AND HOSPITALIZATION BENEFITS A. SICK LEAVE POLICY AND PROCEDURES 1 . Sick leave shall be provided to all full-time salaried employees only as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. Maternity leave shall be treated as any other disability. 2 . Each full-time, salaried employee shall be entitled to 120 hours of sick leave each calendar year, after successful completion of their initial probationary period. Sick leave shall be granted in a lump sum 120 hours during the first month of each calendar year. Employees who separate from the CITY for any reason prior to the end of the 12th month of the calendar year shall have sick leave for the period prorated back to the CITY on an hourly basis per month as follows . January 120 hours February 110 hours March 100 hours April 90 hours May 80 hours June 70 hours -21- July 60 hours August 50 hours September 40 hours October 30 hours November 20 hours December 10 hours 3 . Employees absent from work on account of illness or injury shall report intended absence to their department head or supervisor when possible before commencement of their duty shift as soon as practical , but in no event later than fifteen ( 15 ) minutes before commencement of such shift unless justified by extraordinary circumstances . 4 . An employee requesting sick leave in excess of two consecutive days or who is above the City average for sick leave usage may be required by his or her immediate supervisor to provide documentation by a written certification from a licensed practicing and attending physician, that during the period of leave, the absent employee was prevented by illness from discharging the duties required by his or her office or position of employment. Such certification shall also be required of any employee claiming sick leave benefits not reported in compliance with subsection 3 or when a supervisor or department head has probable cause to believe an abuse of sick leave has occurred. 5 . Disciplinary action shall be deemed mandatory for abuse of sick leave privileges or procedures , except where the employee demonstrates justifiable excuse. 6 . Employees who have accrued at least ( 80 hours ) of sick leave may be allowed to use no more than 16 hours of accrued sick leave per calendar year for their physician' s and dentist' s appointments . This leave may be used only upon prior approval of the employee' s immediate supervisor. This leave must be taken in minimum one-hour time periods . The City reserves the right to require written verification of actual attendance for the time claimed by the employee pursuant to this paragraph. -22- B. ACCUMULATION OF SICK LEAVE Authorized and unused sick leave may be accumulated from year to year subject to limitations of Section G of this Article. C. SICK LEAVE CONVERSION TO VACATION TIME Any employee who has accumulated to his credit two hundred forty ( 240) sick leave hours may choose to convert a portion of the yearly sick leave grant for any given year to vacation hours according to the following schedule: For employees working 8 hour shifts No. Hours Sick Leave Used No. Hours to Convert 0 40 8 32 16 24 24 16 32 8 40 0 For employees working 10 hour shifts No. Hours Sick No. Hours to Leave Used Convert 0 40 10 32 20 24 30 16 40 8 50 0 For employees working 12 hour shifts No. Hours Sick No. Hours to Leave Used Convert 0 40 12 32 24 24 36 16 48 8 60 0 -23- D. SICK LEAVE CREDIT FORWARD The balance of the sick leave hours not converted to vacation days as permitted above, less the number of hours used during that calendar year as sick leave shall be carried forward as accumulated sick leave hours . E. NOTIFICATION OF CONVERSION ELECTION Any election by an employee to convert any sick leave to vacation time must be made by notifying the Department of Human Resource Management in writing , on or before January 31 of each year; the CITY shall make available to employees information regarding sick leave use for the previous year and forms to request conversion; otherwise, no conversion shall be allowed for that calendar year and such conversion privilege shall be deemed waived for that calendar year. In no event shall sick leave hours be converted for other than the immediately preceding year' s sick leave allocation. F. PRESUMPTION OF USE Any sick leave properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other days of vacation time to which the employee is entitled; provided, however, that in no event shall any sick leave converted to vacation days be entitled to any pay or compensation upon an employee' s termination. Any sick leave converted to vacation remaining unused at the date of termination or retirement shall be forfeited by the employee; however, for purposes of this section, conversion hours shall be construed as used prior to vacation otherwise accrued by an employee. G. SICK LEAVE BENEFITS UPON RETIREMENT In addition to the sick leave conversion privilege to vacation days above described, at retirement an employee (or his estate, where death follows retirement but precedes payment) shall be eligible to receive a retirement benefit as stipulated in Salt Lake City Ordinance No. 6 of 1989 . Persons who retire under the eligibility requirements of the Utah State Retirement System and are not eligible under the above referenced order will be paid in cash at their then current pay scale, a sum equal to their daily rate of pay for 25 percent ( 25% ) of the accumulated sick leave days -24- reserved for the benefit of said employee at the date of his or her retirement. In lieu of the above, employee may elect to convert sick leave privilege to hospital and surgical coverage. 50% of the sick leave hours available at retirement may be converted to a dollar allowance at the time of retirement . The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. An employee' s available dollar allowance determines the number of months of medical and surgical coverage which may be purchased. If insurance costs go up due to group experience, the number of months of coverage will decrease. H. HOSPITALIZATION In addition to the sick leave authorized hereunder, each full-time, salaried employee shall be entitled to thirty ( 30 ) 8 hour calendar days hospitalization leave each calendar year, provided that such leave may be taken only if , and during the period that, such employee is actually confined to an acute care hospital or other free standing outpatient surgical facility. No accumulation of hospital leave shall be allowed. I . UNAUTHORIZED SICK LEAVE AND HOSPITAL BENEFITS No employee shall be entitled to receive sick leave or authorized hospitalization benefits as a result of injuries, or disability resulting from accidents arising out of or in the course of his or her employment for an employer other than the CITY. J. REGULAR SALARY TO BE CONTINUED Each employee who takes authorized sick leave or authorized hospitalization leave shall continue to receive his or her regular salary during his or her absence from work for the periods set forth in this article. ARTICLE XV DISABILITY COMPENSATION 1 . If an employee of the CITY becomes entitled to receive worker' s compensation as a result of suffering a CITY service-connected injury or illness , such employee shall be paid worker' s -25- compensation as provided by law; provided, however, that the employee may elect to use, during such disability, their accumulated sick leave credit and vacation time, such part of their wage or salary as will, when added to their worker' s compensation payments, equal their regular wage or salary; and provided further, that satisfactory evidence of such election shall be transmitted by said person to the Department of Human Resource Management of the CITY prior to payment. 2 . The City will make reasonable efforts to make "light duty" work available to an employee injured on the job as defined by the Worker' s Compensation Act, provided that the employee is able to perform the "light duty" work and the employee has presented a release by their physician to the City certifying that the employee is able to work. 3 . Long term disability shall be provided to eligible employees under the City' s Income Protection Program (Long Term Disability Plan) . 4 . The CITY shall establish rules and procedures for administration of an injury leave program ( supplemental to regular sick leave benefits ) for only employees who are airport operations officers under the following qualifications and restrictions: 1 . The disability must have resulted from a documented injury arising out of the discharge of official duties and/or while exercising some form of necessary law enforcement authority as determined by the City. Further, the injury disability must be the result of some external force delivered by the person (or persons ) who is the object of the law enforcement action by the employee. 2 . The employee must be unable to return to work due to the injury as verified by a licensed physician acceptable to the CITY; 3 . The leave benefit must not exceed the value of the employee' s net salary during the period of absence due to the injury, less all amounts paid or credited to the employee as -26- worker' s compensation, social security, long term disability, or retirement benefits, or any form of governmental relief whatsoever; 4 . The aggregate value of benefits provided to employees under this injury leave program shall not exceed the total of $5000 per employee; unless approved in writing by the Mayor for extraordinary reasons or circumstances; and 5 . The City' s Risk Manager shall be principally responsible for the review of injury leave claims, provided that appeals from the decision of the Risk Manager may be reviewed by the Director of the Department of Human Resource Management who may make recommendations to the Mayor for final decision. 6 . If an employee is eligible for worker' s compensation as provided by law; and is not receiving injury leave pursuant to this provision said employee may elect in writing to the Director of Human Resource Management to use accumulated sick leave and authorized vacation time to supplement the employee' s worker' s compensation not to exceed the employee' s regular salary. ARTICLE XVI PART-TIME AND SEASONAL EMPLOYEES Part-time and temporary employees shall not be entitled to any leaves or other employment benefits whatsoever, unless required by Federal, State or Municipal Law. ARTICLE XVII LEAVES OF ABSENCE Full-time, salaried employees shall be eligible for leaves of absence under the following circumstances : A. FUNERAL LEAVE 1 . Time off with pay shall be granted a salaried full-time employee who suffers the loss of a wife, husband, child, mother, father, stepmother, stepfather, stepchild, brother, sister, father-in- -27- law, mother-in-law, grandchild, grandfather or grandmother. In the event of death in any of these instances, employees shall be paid their regular base pay for scheduled work time from the time of death through the day of the funeral; however, no such leave shall be permitted to exceed more than five (5) working shifts . Employees shall be permitted one additional paid shift of funeral leave, on the day following the funeral, if the funeral or burial is held more than 150 miles distance from Salt Lake City and if the day following the funeral is a regular working shift . Satisfactory proof of such death, together with the date thereof and the date and location of the funeral and burial, must be furnished by the employees to the department head. 2 . In the event of death of relatives other than those enumerated in subsection (1 ) , an employee shall be paid for time off from scheduled working hours while attending the funeral services for such person, not to exceed one work shift. 3. In the event of death of friends, an employee may be granted time off without pay while attending the funeral services for such persons , not to exceed four (4 ) hours subject to the approval of his or her immediate supervisor. Nothing in this subsection shall prevent an employee from requesting earned and unused compensatory or vacation time. 4 . In the event the death of any member of the immediate family, as set forth in subsection ( 1 ) of this Article occurs while an employee is on vacation, his or her vacation shall be extended by the amount of time authorized as funeral leave under said subsection. 5 . The provisions of this Article shall not be applicable to employees who are on leave of absence. B. LEAVE OF ABSENCE OF EMPLOYEES WHO ENTER MILITARY SERVICE Every employee of CITY who enlists or is called or inducted into and enters active service in the state militia or any branch of the federal military, naval, air or marine service shall be entitled to be absent without pay from duties and service as required by State and Federal law. -28- C . LEAVE WHILE ON ANNUAL ENCAMPMENT All employees who are or shall become members of the Organized Reserves of the United States Army, Navy, Air Force, Coast Guard and Marines, shall be paid the difference in pay between their regular rate of pay and the base pay received while on duty at mandatory summer camp , not to exceed ten consecutive working days per year, in connection with the reserve training and instruction of the Army, Navy, Air Force, Coast Guard and Marines of the United States . This leave shall be in addition to annual vacation leave with pay. D. LEAVE FOR JURY DUTY All full-time salaried employees shall be entitled to receive and retain statutory juror' s fees paid for jury service in the District and Federal Courts whose jurisdictions include Salt Lake County subject to the conditions hereinafter set forth. No reduction in an employee ' s salary shall be made for absence from work resulting from such jury service whether consecutive or not . On those shifts that an employee is required to report for jury service and is thereafter excused from such service during his or her regular working hours for the CITY, he or she shall forthwith return to and carry on his or her regular CITY employment. Failure to so return to work shall result in the forfeiture of that shifts pay by such employee. E. DEPENDENT LEAVE A leave of absence may be requested by an employee for the following reasons: a. Becoming a parent through birth or adoption of newly born children. b. Due to the hospitalization of a dependent. The following provisions apply to the use of dependent leave: a . Dependent leave may be granted with pay on a straight time basis for a period not to exceed five consecutive days from the date a dependent commences residence with an employee, or from the date of birth of the dependent or from the date the dependent becomes hospitalized. -29- b. The employee has accumulated and has available unused sick leave. Under no circumstances shall the employee be entitled to use as dependent leave more than five consecutive working days in a calendar year. c . The employee gives notice to his or her supervisor as soon as possible under the circumstances . d . The employee provides, upon request by a supervisor, certification of birth or evidence of a child placement for adoption to his or her supervisor within five (5) days following termination of such leave. A letter may be requested from the treating physician in the event of hospitalization of a dependent within five (5 ) days following termination of dependent leave used for this purpose. e . An employee' s sick leave shall be reduced by the number of hours taken by an employee as dependent leave under this section. F. LEAVE OF ABSENCE FOR UNION ACTIVITY Up to two ( 2 ) employees of the UNIT elected to UNION positions , or selected by the UNION to positions the responsibilities of which require absence from employment with the CITY, shall upon written request from the UNION, submitted to the CITY as soon as possible under the circumstances but in no event later than thirty ( 30 ) days prior to the first day of absence, receive a leave of absence, without pay, for the period of service with the UNION. Upon termination of such employee' s leave of absence, another employee shall be eligible for a leave of absence under the terms and conditions set forth above. At no time shall more than one ( 1 ) employee within a single division of a department be absent from work under the provisions of this section. The employee' s seniority shall, upon his/her return to work be reinstated according to the status and classification which he or she held and was last engaged in prior to taking leave. The employee shall upon the ending of such leave be reinstated into the first vacant position, which has a similar classification and was last engaged in prior to taking leave, that the CITY has open in any of its career service departments provided that the person meets the minimum qualifications according to the status and classification which was held and was last engaged in prior to taking such leave. -30- The employee during such leave and for one year thereafter shall have pre-bid rights . G. ADDITIONAL LEAVES OF ABSENCE Employees requesting leave for anticipated or short- term disability, such as maternity, surgery, or other medical reason, shall be allowed to take up to six (6 ) months ' unpaid leave without loss of seniority or position at the discretion of the department head. ARTICLE XVIII LONGEVITY PAY In addition to the salaries herein provided, every employee who has completed six (6 ) consecutive full years of employment with the CITY, shall, after the seventh (7th) anniversary date, receive a monthly longevity benefit in the sum of fifty dollars ($50 . 00) . Every employee who has completed ten ( 10) consecutive years of employment with the CITY shall, after the eleventh ( 11th) anniversary date, receive a total monthly longevity benefit in the sum of seventy-five dollars ($75 . 00) . Every employee who has completed sixteen ( 16 ) consecutive years of employment with the CITY shall, after the seventeenth (17th) anniversary date, receive a total monthly longevity benefit of one hundred dollars ($100 . 00) . The computation of longevity pay shall be based on the most recent date employee became a full-time salaried employee with the City. ARTICLE XIX TOOL, UNIFORM, AND AUTOMOBILE ALLOWANCES A. TOOL ALLOWANCE Employees meeting the following qualifications shall receive the sum of $40 . 00 per month as a tool allowance: 1 . Be required to use the personal tools on the CITY job, said requirement being listed in the job description for the position held by the employee. The CITY agrees to consult with the UNION on -31- designation of such classifications or classification subdivisions for receipt of tool allowance. 2 . The replacement cost of the tools used must exceed $3 , 000 . 00 . 3 . Actually use the tools on a daily basis and not just store them on the job site. 4 . The employee' s immediate supervisor certify to the Office of Human Resource Management and department head in charge of said department that the employee requesting the tool allowance meets the minimum requirements, said certification to be in writing and updated at least annually. The CITY shall not require employees to provide their own tools in excess of $3,000 . 00 without paying the tool allowance provided hereunder. The tool allowance shall not be paid unless such tools are required by the CITY. The CITY shall provide, at its own expense, $3, 000 . 00 of property insurance for tools used by employees under the preceding provisions of this section, payable to the tool owner, subject to the deductible hereafter provided. Each employee shall maintain an inventory of such tools and shall provide copies of that inventory to the CITY by September 1 on a yearly basis . The deductible for each loss under such insurance coverage shall be $250 . 00 . B. UNIFORM ALLOWANCE Employees , when required to wear uniforms in the execution of their duties with the CITY shall have such uniforms furnished and maintained at the CITY' S expense with the following exceptions : 1 . Employees in the Public Works Department (other than welders, mechanics and parking enforcement personnel) shall maintain their uniforms at their own expense. 2 . Airport Operations Officers who are required to wear uniforms while in the execution of their duties shall receive the sum of $45 . 00 per month as a uniform allowance in lieu of any uniform expense to the CITY. -32- 3 . The following employees, when required to wear uniforms in their duties with the CITY, shall receive the following monthly uniform allowances in lieu of any other uniform expense to the CITY: Parking Enforcement Personnel $40 . 00 Parking Meter Repair Personnel $40 . 00 Animal Control Officers $40 . 00 Watershed Patrol $40 . 00 4 . A joint committee consisting of representatives from the City and the Union shall meet quarterly to review and determine protective clothing and uniform needs . The composition of the committee shall reflect representation from all affected departments . C . AUTOMOBILE ALLOWANCES Employees who are authorized to use and who do use privately owned automobiles for official CITY business shall be reimbursed for their operation expenses of said automobiles at the rate of twenty-one cents ($ . 21 ) per mile for each mile actually traveled in official CITY business . Before payment is made to any employee, pursuant to the terms of this section, the use of the automobiles must be authorized by the employee' s supervisor and the mileage traveled must be verified by the head of the department involved. ARTICLE XX INSURANCE 1 . The CITY shall make available life, accidental death and dismemberment, dental, and health insurance to all employees covered under the MEMORANDUM, upon the terms and conditions as may be from time to time determined by the CITY. 2 . The amount which the CITY shall contribute to the employees' insurance during the term of this MEMORANDUM shall be as set forth in Appendix "B" attached. Payment shall be deducted biweekly consistent with the pay periods . -33- 3 . The CITY shall continue to make available the same consulting service which shall provide limited consulting by an outside confidential firm for drug abuse, alcoholism, and marriage counseling. ARTICLE XXI PENSION PLAN CONTRIBUTION The CITY agrees to pay the employee' s share and employer' s share of the retirement contribution as mandated by state statute and as said statute is interpreted by the Utah State Retirement Board. ARTICLE XXII SENIORITY A. SENIORITY DEFINED Seniority shall consist of an employee' s uninterrupted, regularly scheduled employment with the CITY. An employee' s earned seniority shall not be lost because of absence due to illness, authorized leaves of absence, or temporary layoffs not to exceed two ( 2 ) years . Elected officials of the UNION shall be considered to have seniority above that of all other employees for the purpose of layoff only, regardless of actual, earned seniority. B. LAYOFFS Whenever it is necessary to reduce the number of employees performing an activity or function defined by the Mayor or his or her designee within a CITY department because of lack of work or lack of funds, the CITY shall, minimize layoffs by readjustment of personnel through reassignment of duty in other departments. 1 . Whenever layoffs are necessary, emergency, temporary , probationary and hourly employees performing essentially the same duties as the aforesaid work activity or functions being reduced shall be laid off first; provided, that it is expressly understood that seasonal-hourly employees are not included in this limitation. 2 . Full-time salaried employees shall be the last to be laid off in inverse order of the length of service of employees in the same job classification -34- performing the same job functions and duties . 3 . Full-time salaried employees designated for layoff or actually laid off shall move into a vacant equal or lower classified job position, wherever situated in the CITY, for which the employee is qualified. Vacant means that the Department of Human Resource Management has received a request to fill a position. Equal or lower classified means that the maximum salary for the vacant position shall be less than or equal to the maximum salary for the position being laid off . Said employee, within the CITY department in which the layoff occurred, may also bump less senior, full-time salaried temporary or probationary personnel (in a job position and function previously and actually held by said laid off employee) for a position said employee is currently qualified and able to perform as determined by the Department of Human Resource Management. 4 . Employees who have been laid-off shall have rights for a one year period to placement in any vacant job which is at an equal or lower classification where they meet minimum qualifications . They shall not be subject to any further examination. Minimum qualifications on laid off job positions shall remain unchanged for the same one year period not restricting changes for bona fide business and operational purposes . 5 . A re- employment list shall be established in the Department of Human Resource Management to facilitate the placement of any reduced in force employees . GENERAL RE-EMPLOYMENT LISTS Employees who have been laid off in accordance with paragraph (B) above or have been terminated without cause or prejudice, have the right to request pre-bid in accordance with Article XXIII, Pre-Bid Procedures , paragraph A of this MEMORANDUM. Pre-Bid rights shall expire two ( 2 ) years from the employee' s date of layoff . Should the employee be rehired within this time period the employee shall have full reinstatement of all CITY seniority for purposes of vacation and sick leave computation. The employee shall be subject to the same probationary period as an employee hired under pre-bid. If the aforementioned employee has cashed out any sick leave, vacation or retirement monies, the employee shall not be eligible for reinstatement of same. D. SHIFT BIDS Department heads or their designee shall decide the employee qualifications, abilities or experience -35- recommended for each work shift or CITY operation deemed desirable to perform the functions, operations or mission of the department, and such considerations may include training, specialized knowledge, skill or other particularized needs of the entire department. After management has made shift assignments indicated by such needs or considerations, the remainder of the shift-work assignment shall be made on the basis of department seniority; provided, however, that seniority shall not be a basis for selection of work shifts if, with the concurrence of the department head, the employees of a designated work area elect that seniority should not be the determinant. In the event of such election, the vote shall be by secret ballot, within work areas and in a manner selected by the department head. E . ROUTE BIDS: Employees bidding for route assignments shall conduct their bidding according to the procedures in Article XXII, paragraph D in this section. ARTICLE XXIII JOB BIDS A. PRE-BID PROCEDURE In order that qualified employees may be given proper consideration when a vacancy in a job exists, and the department head deems it advisable to fill such vacancy on a full-time salaried basis, the department head shall utilize the following Pre-Bid Procedure: Employee shall have the full responsibility to request a transfer or job bid to any appropriate job within the CITY. The CITY agrees to post any newly authorized or newly created positions on their initial bidding. An employee shall have the responsibility to update requests for such Pre-Bid. Such requests shall be valid for no more than a two-year period. An employee may apply at any time for a Pre-Bid in writing on forms specified by the Department of Human Resource Management for inclusion on such confidential register. Such confidential Pre-Bid register shall be deemed closed when the department head advises the Department of Human -36- Resource Management in writing that a vacancy needs to be filled on a full-time salaried basis . Department supervisors agree insofar as practical to notify the department union steward of position openings . The department head shall make a selection from those applicants on a register designated by the Director of the Department of Human Resource Management, solely on the basis of qualifications; however, in the event that all qualifications are relatively equal, the applicable department or CITY length of service shall be the basis of selection between such applicants . Employees objecting to the selection process for positions covered by this Article shall submit their complaints to the Labor/Management Committee. If either side is not satisfied with the committee' s recommendations , they may submit the complaint to the Mayor' s designee within ten working days . The complaint shall be investigated and a written report submitted within fifteen working days . The decision of the Mayor' s designee shall be final and binding. Nothing herein shall prohibit appointments as deemed appropriate by the CITY during the investigation period. Department manager, with the assistance of the Department of Human Resource Management, shall be cognizant of job descriptions and related requirements for positions and afford first consideration to employees within the affected department. When a vacancy cannot be filled by competent and experienced employees applying for the same job, the Director of the Department of Human Resource Management, on the recommendation of the department head, shall announce the job vacancy for external recruitment purposes . New positions shall be posted for a period not to exceed five (5 ) working days, (excluding holidays ) , during which time employees may apply in writing, on forms specified by the Department of Human Resource Management for appointment to fill such vacancy, setting forth any such information as may be required by the CITY. -37- The Department of Human Resource Management agrees to offer periodic position counseling and pre-bid training. B. PROBATIONARY PERIOD A successful bidder for a job vacancy shall be on probation for a period not to exceed ninety ( 90 ) calendar days, during the first thirty ( 30 ) days of which time the employee may elect to return to the former position of employment. The probationary period may be extended, if necessary for training purposes, if agreed upon by applicant and supervisor or department head. During the probationary period, applicant shall not be eligible to be selected for any other job vacancy. If applicant is retained in the job applied for at the expiration of said probationary period, applicant shall be ineligible to be selected for another job opening for a period of nine ( 9 ) months after the expiration of said probationary period, unless authorization to apply is given by the department head. If applicant is not retained in said job before the expiration of the probationary period, the employee shall be returned to the position held prior to being accepted in the job applied for. ARTICLE XXIV LABOR MANAGEMENT COMMITTEE & SAFETY A. LABOR MANAGEMENT COMMITTEE There shall be a Labor Management Committee consisting of eight members; four employees appointed by the UNION and four employees appointed by the CITY. The committee shall meet monthly or upon call of either party in the event of an emergency. Meetings shall be held on CITY time. It shall be the general function of the Labor Management Committee to discuss matters of mutual interest concerning wages , hours, and other conditions of employment except those which are specifically covered under the grievance procedure, in accordance with Article XXV, Grievance Procedure. Items brought to this committee must have first been brought before the appropriate department management personnel in an attempt to resolve the issue. An agenda shall be prepared and delivered to each of the committee members ahead of time. -38- The Labor Management Committee shall make appropriate recommendations to cabinet level directors for their decisions which shall be final and binding. The Labor Management Committee shall study such matters as apprenticeship and training , seniority, overtime, layoff procedures , employee productivity, and other matters of mutual interest to the CITY and the UNION. It is the intent of this agreement that only one Labor Management Committee exist for the employees represented by the American Federation of State County and Municipal Employees AFL-CIO. B. SAFETY Management and employee, along with the Departmental Safety Committees, which shall consist of three employees appointed by the Union and three employees appointed by the City, shall coordinate to maintain a safe and healthful workplace. C . TRAINING AND DEVELOPMENT COMMITTEE The Union shall appoint one person to represent both the 100 and 200 series employees on the City' s Training and Development Committee. ARTICLE XXV GRIEVANCE PROCEDURE It shall be the policy of the CITY to adjust grievances of employees properly and fairly, within a framework of existing laws and regulations. Every reasonable effort shall be made to adjust grievances in a manner mutually satisfactory to employees and management at the lowest possible level . This grievance procedure shall be utilized only for terminations and suspensions, EEO complaints, demotions, and transfers . Any employee who believes that a grievance exists as defined above, may personally or through an attorney or a UNION representative utilize the grievance procedure outlined herein. The above notwithstanding, employees who have terminated may submit their grievance immediately to the third (3rd) step of the grievance procedure outlined herein. An employee has a right to a UNION representative at all formal steps of the grievance procedure. The supervisor -39- shall notify the employee of this right prior to the administration of disciplinary action. It is mutually understood that the prompt presentation, adjustment and/or answering of the grievance is desirable in the interest of sound relations between the employees and the CITY. The prompt and fair disposition of grievances involves important and equal obligations and responsibilities , both joint and independent, on the part of the representatives of each party to protect and preserve the grievance procedure as an orderly means of resolving grievances . Step ( 1 ) The grievance shall be submitted in writing to the immediate supervisor and the employee may have a representative at such meetings . The grievance shall be presented within ten ( 10 ) working days from the time the grievance occurs or from the time the employee could reasonably be expected to have become aware of such occurrence, provided, however, both parties agree that during this ten ( 10 ) day working period the alleged grievance shall be informally discussed with the employee involved, the employee' s supervisor, and the UNION representative. Failure to provide such notice within the time specified shall void any employee' s grievance rights provided hereunder. The supervisor shall render a decision on a grievance appropriately filed within six (6 ) working days from the date that the grievance was filed. Incidents of prior disciplinary action shall not be considered in a current disciplinary decision if, (1 ) at the time of the prior action the employee requested and was unreasonably denied the presence of a union steward as a witness of the disciplinary action; and ( 2 ) the employee has submitted a written objection to the immediate supervisor within 10 working days of the prior disciplinary action. Such request shall not be considered to have been unreasonably denied if it would effect an unreasonable delay or disruption of work. Step ( 2 ) If no settlement is reached under Step ( 1) , then the grievance shall be presented in writing to the next level supervisor within six ( 6 ) working days after Step ( 1) . The -40- next level supervisor shall notify the parties concerned of the decision within six ( 6 ) working days after hearing the grievance. Meetings held under Steps ( 2 ) and (3 ) of this procedure shall normally be held within ten ( 10 ) working days after receipt of the grievance at each step; however, such limits may be extended as may be agreed upon in writing by the parties hereto. Step ( 3 ) If no agreement is reached under Step ( 2) , the grievance shall be submitted within ten working days to an informal hearing before the appropriate cabinet level director, or his or her designee, provided however, that if the grievance involves EEO (including Title VII) related matters, the employee may elect to proceed outside the chain of command and have a hearing before the City' s Government Compliance Manager and a representative from the UNION. This meeting should be conducted within thirty ( 30) working days following receipt of the grievance. Step (4 ) If no settlement is reached under Step ( 3 ) , the employee may appeal to the Mayor' s Office in writing and by certified letter within six ( 6 ) days of receipt of the decision under Step ( 3) . In the event of appeal by the employee, the employee may choose to have the Employees Appeals Board hear the case and render a recommendation to the Mayor. The Employees Appeals Board shall submit a recommendation to the Mayor. The Mayor shall then render a final decision within ten ( 10) working days after receipt of the recommendation by the Employees Appeals Board. An employee, terminated for cause, who appeals his or her termination to the Employees Appeals Board, may elect to continue health insurance coverage with the City, until conclusion of hearing before such board, provided the employee makes timely payment of premium payments (both employee -41- and CITY share) during the period between termination and hearing. If the employee is thereafter reinstated by the CITY, the employee shall be reimbursed for the CITY share of any insurance premium paid. The CITY agrees not to retaliate against any employee who exercise rights under the aforementioned grievance procedure; provided however, that failure to exercise these grievance rights shall bar judicial or administrative action by the employee on any grievable issue. The following procedures shall govern disputes relating to the promotion of a Unit employee into another City position: A. If a Unit employee who is an unsuccessful candidate for a promotion into another City position has a dispute concerning the promotional process, he or she shall notify the Union' s business agent of the complaint within three working days from the date he or she received notice from the hiring Department that he or she was not selected for the position. The Union business agent shall notify the hiring Department' s Director of the complaint within 48 hours after receiving notice from the employee. B. The Union business agent shall confirm in writing the dispute of the unsuccessful candidate with the hiring Department' s Director or his or her designee within three working days from the date the Union business agent notified the Department Director pursuant to paragraph A above. C. The hiring Department Director shall advise the selected candidate that the position is in dispute. The selected candidate shall not be precluded from working in the position. D. The Union business agent and the hiring Department Director or his or her designee shall meet to discuss the selection process within five working days from the date the hiring Department Director or his or her designee was notified pursuant to paragraph B above. If the dispute is not resolved at the meeting by the Director and the Union business agent, the unsuccessful candidate may appeal in writing within 48 hours after the meeting to the Director of the Department of Human Resource Management for a hearing. (A list of three -42- predetermined hearing officers shall be established by the Department of Human Resource Management. ) The Director of the Department of Human Resource Management shall designate a hearing officer and a hearing date within five working days from the date the Director received the appeal from the unsuccessful candidate. E. The hearing officer shall request briefs, documentation and all other pertinent written information prior to the hearing. Within two working days after the hearing, the hearing officer shall issue a determination. The City or the employee may appeal said decision to the Mayor. The appeal must be submitted in writing to the Mayor within 5 working days after the hearing officer' s decision. The decision of the Mayor shall be final and binding. F . Upon mutual agreement of the parties, the time limitations may be waived. The procedure described herein shall affect only promotions and shall not alter or change the provisions of the grievance procedure under Article XXV. G. This process is exclusive for grievances involving a promotion and shall not be subject to review by the labor management committee. ARTICLE XXVI . PERSONNEL FILES All personnel files shall be handled as per Executive Order 4 . 01 . 201 . Written disciplinary actions shall be received by City' s Human Resource Department within 30 days of the issuance date. City agrees to notify all employee no less than annually of their right to request a review of their files for purging purposes in accordance with Executive Order 4 . 01 . 201 . ARTICLE XXVII LIMITATION ON PROVISIONS The provisions hereof shall be subject to the limitations , terms and conditions of the CITY'S Collective Bargaining Resolution. -43- ARTICLE XXVIII STRIKES AND WORK STOPPAGES Continuous and uninterrupted service by the CITY and its employees to the citizens, and orderly collective bargaining relations between the CITY and its employees being essential considerations of this MEMORANDUM, the UNION agrees , that none of the following acts shall be engaged in or in any way approved of or encouraged by the UNION: 1 . A concerted absence, in whole or in part, by any group of employees from the full, faithful and proper performance of their duties of employment for the purposes of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment, including sick calls, sick outs, slow downs, or any other concerted interference with services provided by the CITY, or 2 . The collective concerted withholding of services or the performance of assigned duties by any person pending the signing of a contract, including those persons who are customarily employed on a yearly contract basis . In the event of a violation of this article by the UNION and/or the employees, the CITY may, in addition to other remedies , discipline such employees up to and including discharge . Employees shall not be entitled to any benefits or wages whatsoever while they are engaged in a strike, work stoppage or other interruption of work as specified herein or otherwise . ARTICLE XXIX PERSONNEL POLICIES AND PROCEDURES The CITY agrees to make copies of all personnel policies and procedural directives . The City agrees to provide employees with one additional copy of written disciplinary actions which the employee may elect to give to a Union representative, and will advise the employee of such. The City' s Department of Human Resource Management will provide the Union' s Business Agent with semiannual reports of employer disciplinary actions . -44- ARTICLE XXX WAIVER CLAUSE Except as provided for in Article XXXIII, Term of Agreement, hereof , the CITY and the UNION expressly waive and relinquish the right and each agrees that the other shall not be obligated during the term of this MEMORANDUM to bargain collectively with respect to any subject matter or matter whether referred to or covered with the MEMORANDUM, even though each subject or matter may not have been within knowledge or contemplation of either or both the CITY and the UNION at the time they negotiated or executed this MEMORANDUM or even though such subjects or matters were proposed and later withdrawn. In the event laws are passed by the State or Nation which conflict with the provision of this MEMORANDUM relating to hours or wages, or other conditions of employment, the provisions of this MEMORANDUM which are in conflict therewith may be reopened for negotiations without affecting the remaining portions of this MEMORANDUM. Article XXXIII TERM OF AGREEMENT Since this Memorandum contains all the amendments and the remaining effective provisions of the Memorandum of Understanding executed by both parties on June 30, 1989 , this Amendment to the Memorandum of Understanding shall be deemed to supersede the June 30, 1989 Memorandum of Understanding. This MEMORANDUM shall remain in effect from July 1, 1990, through June 30, 1991 with the following exceptions : A. It is understood by the parties hereto that certain provisions of this agreement cannot be implemented by the CITY except upon public notice and hearing and compliance with various statutory and legal requirements . B. The parties hereto may, by mutual consent, agree to an amendment to this MEMORANDUM. C. Both parties agree that this MEMORANDUM is contingent upon availability of funds and approval by the City Council in accordance with paragraph 9, subparagraph (c) of the Third Amended Labor Bargaining Resolution, Salt Lake City, Utah, April 10, 1984 . -45- IN WITNESS WHEREOF, the parties hereto have fixed their hands and seals the day and year first above written. SALT LAKE CITY CORPORATION BY/eV/AAA) �. 4 et,a:‹. ATTEST. I 0 DER LOCAL 1004 OF THE AMERICAN `�a�`j ; i, �Th►r>j FEDERATION OF STATE, COUNTY '••*•••;; AND MUNICIPAL EMPLOYEES, '::' A.. 1) AFL-CIO Ftt: 1.,-(. ..:7''.#1---, ..e-1-: •wr '�f�4�p�,���` Sti�-� By R ON OTTLEY, AFSCM iiir,ti.,� Director of Employe Relations MEMBER AFSCME NEGOTIATING COMMITTEE Funds Ava.ib;e Fir,lace CE;,rtrient o'te --2=3 O MEMBER AFSCME E,;,,uT r_i NEGOTIATION COMMITTEE a By APPROVED AS TO FORM Salt LA,Ke City Attorney's Office Date 22't 1 0 By -46- STATE OF UTAH County of Salt Lake) On the 6, _ day of , 1990, personally appeared before me ER DePAULIS and KATHRYN MARSHALL, who being by me duly sworn, did say that they are the MAYOR and CITY RECORDER, respectively, of SALT LAKE CITY CORPORATION, and said persons acknowledged to me that said corporation executed the same. a Notary Public a Salt City 84f11 42. NOTARY PUBLIC, residing in -- Stowumh i Salt Lake County, Utah My Commission Expires : -47- STATE OF UTAH ss . County of Salt Lake) On the (d day of , 1990, personally appeared before GORD OTTLEY, who being by me duly sworn, did say that he is the Director of Employee Relations of the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES Local 1004 and and , who being duly sworn, did say that they are the members of the board of such UNION, that both such persons executed the foregoing instrument on behalf of said UNION by authority of the Board of Directors of the UNION and that said instrument has been duly ratified and approved by the membership of said UNION and that their execution hereof constitutes as valid and binding acting on behalf of said UNION and its membership. Notary Public L S.RKIVtii " ;�. ' • doe t;t nt 84a1otes1 1 t r �. 'tc� �99E1 I Stoat of JI , residing in ---�-, Salt Lake County, Utah My Commission Expires : o FMN:cc -48- APPENDIX A OPERATIONS AND MAINTENANCE A B C D 101 1006 1061 1117 1170 102 1039 1097 1115 1210 103 1073 1131 1191 1248 104 1108 1168 1230 1289 105 1143 1207 1270 1331 106 1180 1246 1311 1374 107 1215 1282 1349 1414 108 1258 1328 1397 1465 109 1299 1371 1443 1513 110 1342 1417 1492 1564 111 1386 1463 1539 1613 112 1431 1510 1589 1667 113 1476 1558 1640 1719 114 1526 1610 1694 1776 115 1575 1662 1749 1833 116 1626 1717 1807 1893 117 1679 1772 1865 1954 118 1734 1829 1926 2019 119 1792 1891 1991 2087 120 1849 1951 2054 2152 121 1906 2012 2120 2221 122 I 1969 2078 2187 2292 1 123 2034 2146 2260 2368 124 2099 2215 2333 2444 125 1 2169 1 2288 2409 j 2525 06/25/90 APPENDIX B GROUP INSURANCE PREMIUM FOR FISCAL YEAR 1990 - 1991 Medical Dental City Employee City Employee Share Share Share Share P.E.H.P Traditional Single 41.51 17.45 15.65 1.98 Couple 85.55 36.04 11.38 4.00 Family 114.20 47.98 14.88 5.23 P.E.H.P. Preferred Single 41.51 14.58 5.65 1.98 Couple 85.55 30.06 11.38 4.00 Family 114.20 40.13 14.88 5.23 Healthwise Single 43.13 15.16 4.90 1.72 Couple 87.86 30.87 9.81 3.45 Family 118.50 41.63 16.70 5.87 F.H.P. Single 38.23 13.43 6.66 2.34 Couple 84.02 29.52 11.78 4.14 Family 113.78 39.98 18.54 6.52 The following benefits will automatically be applied to employee' s Medical/Dental coverage regardless of employee' s choice of health insurance carrier at an additional cost. If employee elects not to have Medical/Dental coverage, employee may apply for the benefit package below separately. Employee City Share Share * Disability Income .47 1.36 * Basic Life for the employee .03 per $1000 .11 per $1000 * Basic Life for the employee's family .11 .30 * Accidental Death & Dismemberment .07 .22 1 -(' PALMER DEPAULIS a,o; 1�a i%EY jJj JD j MAYOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 July 6, 1990 Mr. Alan Hardman, Chairman Salt Lake City Council BUILDING MAIL Dear Alan: The Steiner Aquatics Center outdoor pool will be opened on July 14, 1990. Fees for the Center have not yet been established by the City Council . Enclosed you will the proposed fee schedule for the Center and the pricing of other local facilities. The Recreation Advisory Board has approved the proposed fees schedule and recommends them to you for adoption. The Advisory Board recommends that the individual fees should be effective immediately when the outdoor pool is opened. In late August when the indoor pool is competed, the Advisory Board recommends that the annual passes and group pricing become effective. I would appreciate the City Council 's discussion and adoption of these fees. Thank you in advance. Si erely, 46744.V.A.Z /26.4n Mayor PD:ec cc: John Gust Linda Hamilton FJ'yl.i Your Salt Lake City , 101111k Parks&Recreation 1965 West 500 South Salt Lake City, Utah 84104 Telephone 801 972-7800 FAX 801 972-7847 Palmer DePaulis, Mayor John Gust, Director of Parks June 25, 1990 Mayor Palmer DePaulis Mayor 's Office JUN City and County Building Salt Lake City, UT 84111 whip , Dear Mayor DePaulis: The Steiner Aquatics Center outdoor pool is nearing completion. In reality, we are looking at mid-July to open our doors. We will let you know as things progress for opening ceremonies and dedication. Formal pricing for the Steiner Aquatics Center has not yet been established. Enclosed you will find the proposed fee schedule for Steiner and pricing of other comparable facilities. The Salt Lake City Recreation Advisory Board has approved the proposed pricing for Steiner. We would like you to review and approve the pricing before it is submitted to the City Council. Individual pricing will be effective when the facility opens. Annual passes will be available when the indoor pool is open, projected for mid-August or September. The passes would be valid for 1 year from the date of purchase. Group pricing would be available. In our research, we have found these prices to be fair and meet our revenue goals for the future. We would appreciate your input and approval on this matter. Sincerely, Patti Hansen Recreation Manager Enclosure STEINER AQUATICS CENTER PROPOSED PRICE STRUCTURE STEINER DESERET JEWISH COTTONWOOD PROPOSED GYM BOUNTIFUL C. C. HEIGHTS LOGAN ADULT $ 2. 50 $ 3. 75 $ 2. 25 $ 3. 00 $ 2. 25 $ 1. 75 18-59 STUDENT 2. 00 2. 75 2. 00 1. 50 1. 75 1. 50 13-17 CHILD 1. 25 2. 00 1. 75 1. 00 1. 75 1. 25 4-12 TODDLER Free 1 . 50 Free Free Free Free 3 & under SENIOR 1. 50 1. 75 1. 20 . 50 60 + GROUP RATES 10 + people 20% discount SINGLE ANNUAL $ 150 300 $ 200 $ 140 PASS SENIOR/STUDENT 100 ANNUAL PASS FAMILY ANNUAL 300 465 325 225 PASS Up to 5 members Additional members 25 Additional Amenities X X X X Steiner family pass would be for 5 immediate family members under 25 living at home. Additional family members would be $25 per year. Annual passes would be available when entire facility is complete ( estimated in September ). Passes would be valid for one year from the date of purchase. MIKE ZUHL ►J !PI ° ^ G1TYr GORPORATLON LEE KING j-1.-_�.a•,2J va•,ava�wa '�.✓'r,.>¢l t-+vaw cr.�n.�yv INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council May 11, 1990 Re: Petition No. 400-793 submitted by Christopher Curtis- et al Recommendation: That the City Council hold a non-advertised public hearing on July 3, 1990 at 6:40 p.m. to discuss Petition No. 400-793-90 submitted by Christopher Curtis - et al. The petitioners are requesting that the alley located between Wilson Avenue and Downington Avenue approximately 125 feet east of 900 East Street be vacated. Availability of Funds: Not applicable Discussion and Background: All of the abutting property owners have requested that the alley be vacated. The alley is not used for access to any of the abutting properties. The appropriate City Departments have reviewed this request and recommended that the alley be vacated subject that an utility easement be provided to protect the sewer line facility running through the length of the alley. Legislative Action: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. Submitted by: CHAEL B. Z nterim Direct SALT LAKE CITY ORDINANCE No. of 1990 (Vacating a portion of an alley between Wilson Avenue and Downington Avenue 125 feet east of 900 East pursuant to Petition No. 400-793-90) AN ORDINANCE VACATING A PORTION OF AN ALLEY BETWEEN WILSON AVENUE AND DOWNINGTON AVENUE 125 FEET EAST OF 900 EAST PURSUANT TO PETITION NO. 400-793 90. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public alley described below is not necessary for use by the public as an alley and that vacation of said alley will not be adverse to the general public ' s interest. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That a portion of an alley between Wilson Avenue and Downington Avenue 125 feet east of 900 East, which is the subject of Petition No . 400-793-90 and which is more particularly described below, be, and the same hereby is, VACATED and declared no longer to be needed or available for use as a public alley. Said alley is more particularly described as follows: Beginning at a point being the northeast corner of Lot 24 of Block 1 of Perkins Second Addition subdivision; civ thence east 13 more or less feet to the northwest corner of Lot 23 of Block 1 of said subdivision; thence south 136 more or less feet to the southwest corner of Lot 23 of Block 1 of said subdivision; thence west 13 more or less feet to the southeast corner of Lot 28 of Block 1 of Perkins Second Addition subdivision; thence north 136 more or less feet to the point of beginning. SECTION 2. RESERVATIONS AND DISCLAIMERS. The above vacation is expressly made SUBJECT TO all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of the property and also SUBJECT TO the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the City' s water and sewer facilities, and all of them. Said vacation is also SUBJECT TO any existing rights-of-way or easements of private third parties. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ( J -2- ATTEST: CITY RECORDER (SEAL) BILL NO. OF 1990 Published: BRB: rc -3- SALT LAKE CITY ORDINANCE No. of 1990 (Vacating a portion of an alley between Wilson Avenue and Downington Avenue 125 feet east of 900 East pursuant to Petition No. 400-793-90 ) AN ORDINANCE VACATING A PORTION OF AN ALLEY BETWEEN WILSON AVENUE AND DOWNINGTON AVENUE 125 FEET EAST OF 900 EAST PURSUANT TO PETITION NO. 400-793 90. WHEREAS, the City Council of Salt Lake City, Utah, finds after public hearing that the City' s interest in the public alley described below is not necessary for use by the public as an alley and that vacation of said alley will not be adverse to the general public ' s interest . NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That a portion of an alley between Wilson Avenue and Downington Avenue 125 feet east of 900 East which is the subject of Petition No. 400-793-90 and which is more particularly described below, be, and the same hereby is, VACATED and declared no longer to be needed or available for use as a public alley. Said alley is more particularly described as follows: Beginning at a point being the northeast corner of Lot �9 24 of Block 1 of Perkins Second Addition subdivision; 5-3- 1° thence east 13 more or less feet to the northwest c~��a� corner of Lot 23 of Block 1 of said subdivision; thence south 136 more or less feet to the southwest corner of Lot 23 of Block 1 of said subdivision; 41 C ( i SALT'. 9. ;ITY' CORPORATION' PALMER DEPAULIS ALLEN C. JOHNSON. AICP ,a z .r °� +o "per` a" �'�"`�"�a PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION - 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7757 April 13, 1990 Mr. Michael Zuhl:, Interim Director Community and Economic Development Room 218, City/County Bldg. Salt Lake City, UT 84111 Re: Transmittal of Petition 400-793 by Christopher Curtis, et al. Dear Mike: This petition request is to vacate a north-south running alley between Wilson Avenue and Downington Avenue located 125 feet east of 900 East Street. All abutting property owners have signed the petition request. The alleyway is presently hard surfaced. The alley is not used for access to any of the abutting properties. The Engineering, Public Utilities, Transportation, and Finance departments have reviewed the petition request and recommend the following conditions if the alley is vacated: 1. That an utility easement be provided to protect the sewer line facility im running through the length of the alley. 2. That curb and gutter replacement is provided Iflvehicular access is restricted and creates a dead driveway approach. 1-/ It is recommended that the alley be vacated with the above conditions. If you have any questions concerning this petition please contact myself or Everett L. Joyce. Sincerely, Allen Cc Joh son, AICP Planning Di ector Attachments Attachment for April 13, 1990 transmittal letter to Michael Zuhl for Petition 400-793-90 Legal Description for alleyway vacation Beginning at a point being the northeast corner of Lot 24 of Block 1 of Perkins Second Addition subdivision; thence east 13 + feet to the northwest corner of Lot 23 of Blocks ]. of said subdivision; thence south 136 + feet to the southwest corner of Lot 23 of Block 1 of said subdivision; thence west 13 + feet to the southeast corner of Lot 28 of Block 1 of Perkins Second Addition subdivision; thence north 136 ± feet to the point of beginning. Mailing Address of abutting property owners Parcel 001 - Paul & Melba Christie 1785 South 900 East Salt Lake City, UT 84105 Parcel 002 - Wesley C. 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PUBLIC WORKS DIRECTOR CITY TRANSPORTATION ENGINEER TRANSPORTATION ENGINEERING 333 SOUTH 200 EAST, SUITE 201 SALT LAKE CITY, UTAH 84111 TELEPHONE (801) 535-6630 April 5 , 1990 Everett Joyce Planning & Zoning Room 406 - Building RE: Petition #400-793 , Curtis Petition to Vacate Alleyway Dear Everett : The Division of Transportation ' s site review comments and recommendations are for approval of the proposed alley vacation subject to the following : 1) The petitioner provide curb and gutter replacement for driveways if vehicular access is restricted creating a dead driveway. 2) All abutting property owners affected by the vacation have signed an agreement to vacate . 3 ) All utilities and utility easements shall remain as required and approved by the entity concerned . Sincerely, Scott R. Vaterlaus Traffic Engineer I BDW/lh cc : Steve Meyer Barry Walsh File irmitL SALT' r CRY' GORPO 119N ALLEN C. JOHNSON. AICP PLANNING AND ZONING PLANNING DIRECTOR COMMISSION MEMBERS WILLIAM T. WRIGHT. AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY ClREECTOR PLANNING DIVISION DAN BETHEL SUPERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN MEMORANDUM TO: Harry Ewing City Engineering FROM: Everett L. Joyce di i DATE: April 3, 1990 RE: Petition No. 400-793 Curtis Petition to vacate alleyway Please review the attached petition request for alleyway vacation. The alley is a north-south running alley between Wilson Avenue and Downington Avenue located 125 feet east of 900 East Street. All abutting property owners have signed the petition request. The alleyway is presently hard surfaced. C Rl i IjJ LEROY W. HOOTON, JR. DIRECTOR WENDELL E. EVENSEN, P.E. SALT'LAKE' CITYY GORPORATIO SUPERINTENDENT vo �aa �sva.ma� ->s1 �v3..z.,u �ct.r..ov.•l•.�� WATER SUPPLY&WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES \ SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMATION Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCE& 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER TO: EVERETT L. JOYCE PLANNING & ZONING . FROM: E. T. DOXEY ' WATER RECLAMATION SUPERINTENDENT DATE: APRIL 9, 1990 SUBJECT: PETITION NO. 400-793 CURTIS PETITION TO VACATE ALLEYWAY The Public Utilities Department has reviewed the above noted petition and has found there is a conflict with :the sewer ( see sewer plat book 43 and sewer plan attached) we have found no conflict with the water. If the request is granted the Public Utilities Department facilities will have to be protected. If you have further questions regarding this matter, please feel free to call Mr. Ray Eastman at 483-6787. /kg enclosure cc: File February 14, 1990 The Honorable Mayor Palmer Depolis: In regards to lots 22 & 23 blk 1 Perkins 2nd addition, (920 E. Wilson Ave), there is an alley which runs north and south just west of said property between Wilson and Downington Avenues. The alley was a utility access for coal trucks when that need was there. However, there is no longer a need for this alley. It serves no purpose for parking or access to any adjoining properties, but is more a hazard to playing children, and at night , a darkened crime area for peeping torus, thieves and vandals! We therefore respectfully request the alley be vacated and divided according to the wishes of all adjoining property owners. Signed, • Chri tSpher N. ,urtis - Owner 920 Wilson Avenue COL& TY\ • ault(- . Carla M. Curtis - Owner 920 Wilson Avenue Wesley C. derson - Owner 905-91 1 Downington Avenue Paul and Melba Christie's signatures appear on attached letter. cnc RECEIVFr' MAR 07 1990 'u u t 1 i''`� MAYOR'S OFFI(;L Mayor DePaulis: There i• 1 t y. (- arethree i iei.:,ple T.�'.Tho f 15 fl pr O)et ;tdja..c�f l-. the alley between Downin ;ton Avenue and Wilson .,A.. ?e ue, running north and south just east of 900 East. The owners of the property wish to have the alley vacated so it may become private property according to procedures normally followed. The alley is rarely used as a thoroughfare so closing it would not be a great. inconvenience. It however, promote safety in our yards. Paul A. and P;rielba Christie own property t 1 i8E) South g00 East and _ kill: �_�:•- I .) . South East.,, the alley runs along their back. yard. They hereby acknowledge their consent oI the vacation of said alley. Paul A. :lii i_.tie C-7721-(2-eir"-- Melba Christie MIKE ZUHL SALT'LAKE CITY' GORPORATLON1 ' -w➢,aw �•ra.::�.•.c+�.wx...-.,..•grazi LEE KING INTERIM DIRECTOR DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT , 451 SOUTH STATE STREET, ROOM 418 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 TO: Salt Lake City Council June 5, 1990 Re: Adding the Anthony H. Godbe House as a City Landmark Site Recommendation: That the City Council hold a public hearing on July 10, 1990 at 6:40 p.m. to discuss adding the Anthony H. Godbe House at 943 East South Temple as a City Landmark Site. Availability of Funds: Not applicable. Discussion and Background: The Anthony H. Godbe home is located at 943 East South Temple. The new owners are interested in restoring the house and turning it into a "Bed and Breakfast" facility. In order for the property to be operated as a "Bed and Breakfast" facility a conditional use permit from the Board of Adjustment would be necessary. The home is located in the South Temple Historic District but in order to receive a conditional use permit the home must be listed as "site specific" on the Register of Cultural Resources. The Historical Landmark Committee and the Planning Commission have reviewed this request and have recommended approval for the house to be listed as a City Landmark Site. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Submitted by: MICHAEL B. Z Interim Director Community & Economic Development SALT LAKE CITY ORDINANCE M No. of 1990 (Adding the Anthony H. Godbe House at 943 East South Temple as a 1 City Landmark Site) AN ORDINANCE AMENDING SECTION 21.74.140(B) , SALT LAKE CITY CODE, ADDING THE ANTHONY H. GODBE HOUSE AT 943 EAST SOUTH TEMPLE AS A LANDMARK SITE. WHEREAS, the City Council has held hearings before its own body and before the Historical Landmark Committee and the Planning Commission concerning the addition of the Anthony H. Godbe house at 943 East South Temple to the list of City landmark sites; and WHEREAS, the City Council believes it appropriate to add the Godbe house to the list as a landmark site; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21.74. 140(B), Salt Lake City Code, be amended by adding a new subsection 43 to read as follows: 21.74.140 City landmark sites. B. City at large. ( 43 ) Anthony H. Godbe house 943 East South Temple Salt Lake City, Utah SECTION 2. EFFECTIVE DATE. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1990. CHAIRPERSON ATTEST: CITY RECORDER j Transmitted to the Mayor on j/ Mayor ' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER ( SEAL) Bill No. of 1990. Published: BRB: rc -2- .0 • frEALLEN C. JOHNSON, AICP �"� 4' � ORP OaA I©N HISTORICAL LANDMARK PLANNING DIRECTOR COMMITTEE MEMBERS: WILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT MICHAEL J. STRANSKY DEPUTY DIRECTOR PLANNING DIVISION HAROLD CHRISTENSEN SUPERVISOR LONG RANGE PLANNING Historical Landmark Committee W. RANDALL DIXON AND URBAN DESIGN LINDA EDEIKEN WILLIAM H. SCHWAB 451 SOUTH STATE STREET PETER duPONT EMERSON PRESERVATICNPLANNER ROOM 406, CITY AND COUNTY BUILDING STEVE ENGLAND PAMELA GRUBAUGH-LITTIG JEAN POWERS-MULLEN SALT LAKE CITY, UTAH 84111 RANCH S. KIMBALL SECRETARY TELEPHONE 535-7757 LYLE KNUDSEN RALPH P. NEILSON DR. J. LOUIS SCHRICKER GRACE SPERRY May 22, 1990 M. LOUIS ULRICH Mike Zuhl, Interim Director Community & Economic Development 218 City and County Building Salt Lake City, UT 84111 Re: Nomination to the Salt Lake City Register of Cultural Resources 11 Enclosed_ is the nomination to the Salt Lake City Register of Cultural Resources of the Anthony H. Godbe House (1906) at 943 East South Temple. The Historical Landmark Committee and the Planning Commission have both reviewed this nomination and recommend placement on the Register. Also enclosed is the historical and architectural information pertaining to this house. A public hearing before the City Council will be required prior to placement on the Salt Lake City Register. If you have any questions, please contact me or Bil Schwab at 535-7758. Sincerely, Allen C: Johnson), AICP Planning Direct,4r ACJ/BS/pm encls / 1 SALT LAKE CITY PLANNING CCNMISSICN Minutes of the meeting held April 19, 1990 at 451 South State Street, Room 126 Present from the Planning Commission were Vice Chairperson Richard J. Howa, John Schumann, Tom Ellison, George Nicolatus, Cindy Crcmer, Dan Bethel, Lynn Beckstead and Vicki Palacios. LaVone Liddle-Camonal, Ralph Neilsen and Ralph Becker were excused. Present from the Planning Staff were Planning Director Allen Johnson, Bill Wright, Bil Schwab, Doug Dansie, Allen Fawcett and Terry Wirth. A roll is being kept with the minutes of all who attended the Planning Commission meeting. The meeting was called to order by Mr. Howa at 5:00 p.m. The minutes are presented in agenda order, not necessarily as presented at the meeting. APPROVAL OF MaNUTES Mr. Schumann moved to approve the minutes of Thursday, April 5, 1990 as presented. Mr. Nicolatus seconded the motion; all voted "Aye" with the exception of Ms. Cromer who abstained from the vote. The motion passes. Mr. Howa recuested the record reflect that this action needed ratification of a full body. HTS CRICAL LANDMARK CASE NO. 864 Mr. Bil Schwab stated that this matter had been heard by the Historical Landmark Committee on March 7, 1990. Mr. Schwab stated that the Historical Landmark Committee recommended nomination of the Anthony H. Godbe house at 943 East South Temple to the Salt Lake City Register of Cultural Resources. He added that a discussion had taken place at the Historical Landmark meeting regarding a "site specific" nomination rather than merely including the house in the South Temple Historical District. He explained that the Historical Landmark Corrunittec had voted five to three for the "site specific" nomination to the Register. Ms. Holli Adams, representing Douglas and Buffi King, the applicants, stated that the original information she received from the Historical Preservation Society was incorrect. She stated that the house had been inventoried incorrectly, which had probably caused this house to be overlooked originally. Ms. Adams stated that the house had been built in 1906 by B. 0. Mecklenburg, a popular architect in the early 1900's. This house is situated on a prominent corner site and is very similar to the two house immediately east of it, also built by Mr. Mecklenburg. The exterior of the building has remained relatively unchanged throughout the years. The careful restoration of the highly visible corner residence would not only preserve but also promote the PC MEETING April 19, 1990 Page 2 continuity and historical importance of the block which is part of the South Temple Historical District. Ms. Adams gave a detailed history of the inhabitants of the house and their contributions to the City as well as a description of the interior and exterior of the structure. Ms. Adams then passed around pictures of the house. Ms. Cromer asked if the nomination of this structure to the Register was needed in order for it to be allowed to function as a "Bed and Breakfast" facility. Mr. Schwab affirmed that in order to operate as a "Bed and Breakfast", a conditional use permit was necessary. Mr. Schwab added that in order for this structure to be granted conditional use approval, it nccded to be placed on the Register for Cultural Resources as "site specific", and not just located within the historical district. Mr. Burtch Beall, the project architect, briefly explained the proposed changes to the structure if the conditional use and the nomination to the Register are approved. Mr. Schwab stated that if the nomination to the Register is approved, the conditional use approval will come back before the Planning Commission in greater detail. Mr. Nicolatus moved to recommend to the City Council, nomination of the Anthony H. Gcdbe house at 943 East South Temple to the Salt Lake City Register of Cultural Resources. Mr. Nicolatus further moved to recommend that the City Council hold a public hearing prior to the nomination of this house to the Register. Mr. Schumann seconded the motion; all voted "Aye". The motion passes. Mt. Schumann moved to ratify the approval of the minutes of April 5, 1990 now that a full body was present. Mr. Nicolatus seconded the motion; all voted "Aye" with the exception of Ms. Cromer who abstained from the vote. The motion passes. PLANNING ISSUES / Briefing on the Downtown Parking Study by Deseret Architects, Consultants. Mr. Richard McCune, representing Deseret Architects, stated that they had been conducting a parking study for the Downtown area. He explained that the study area extends from 600 West to 300 East and from North Temple to 600 South Streets. Mr. 'McCune displayed a chart of the involved area reflecting the existing parking. Mr. McCune stated that of the 61 blocks in the study area, 38 blocks have inadequate parking, with 1900 fewer parking stalls than desired by the respondents of the questionnaire sent out by Deseret Architects. Mr. McCune added that in the area from South Temple to 300 South between 300 West and State Street, there is a deficit of approximately 2000 stalls. Therefore, the remainder of the blocks in the area tends to balance each other out. He added that a traffic study had been done to analyze the intersections, particularly in the Downtown core. Salt Lake City Register of Historic Places Registration Form This form Is for use In nominating or requesting determinations of eligibility for individual properties or districts. See instructions in Guidelines for Completing National Register Forms(National Register Bulletin 16). Complete each item by marking"x" in the appropriate box or by entering the requested information.If an item does not apply to the property being documented,enter"NIA"for"not applicable:'For functions,styles,materials. and areas of significance, enter only the categories and subcategories listed in the instructions. For additional space use continuation sheets (Form 10-900a). Type all entries. 1. Name of Property historic name Anthony H: Godbe House other names/site number Walter G. Filer House 2. Location street & number 943 East South Temple U not for publication city, town S_alt 1 ake_faty vicinity state Utah code county Salt I eke County code zip code 81101 3. Classification Ownership of Property Category of Property Number of Resources within Property . (gprivate ®building(s) Contributing Noncontributing n public-local district I buildings ri public-State I site � sites E public-Federal structure structures I object objects 2 Total Name of related multiple property listing: Number of contributing resources previously listed in the National Register 4. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act of 1966, as amended, I hereby certify that this ❑nomination E]request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property❑meets I !does not meet the National Register criteria. n See continuation sheet. Signature of certifying official •. Date State or Federal agency and bureau In my opinion, the property meets does not meet the National Register criteria. I I See continuation sheet. Signature of commenting or other official Date State or Federal agency and bureau 5. Salt Lake City Certification I, hereby, certify that this property is: I I entered in the National Register. _See continuation sheet. n determined eligible for the National Register. Ei See continuation sheet. n determined not eligible for the National Register. 7 removed from the National Register. U other, (explain:) Signature of the Keeper Date of Action • 6:-•Function or Use Historic Functions (enter categories° Instructions) Current Funct( (enter categories from Instructions) Private Residence — Unoccupied Rest/Retirement Home 7. Description Architectural Classification Materials (enter categories from instructions) (enter categories from Instructions) • foundation Sandstone. Brick, Stucco PR!VAT K 5!DFJ�i r LOCATED I N Awalls Brick f-{ISTORVAL DL.STi'IGT roof other Wood Stucco, Wood Siding Describe present and historic physical appearance. The detached single family residence is prominently situated on the corner of South Temple and °N' street on a sloping site. The structure, in obeyance to the setback requirements of the area, has a large front and side yard that slopes from the buildings foundation to the sidewalks below. The house is basically cubical in form, consisting of a 2 stories with dormers at the attic to increase inhabitable space. A 2 story semi-circular bay is located near the North-West corner of the building. The °foursquare' plan, popular in Utah from 1900 to 1920, neatly arranges the interior spaces, while the main, or South facade consists of 3 vertical and 3 horizontal divisions. The plan of the house as well as the proportions of the facade, is representative of a favored building form that can be witnessed along many important Salt Lake City streets that date between 1900 and 1920. The large sheltering hipped roof with it's deep overhangs, has three dormer windows, 1 each on the South and West faceades. The dormers on the South and North are original, while the west dormer was added at a later date, and does not have the same pedimented gable. The projecting masonry front porch, replacinc the original neoclassical frame porch, was built in 1910, and extends the entire width of the house, and marks the first horizontal division of the facade, while the deep eaves below the main roof mark the second horizontal division. The projecting front porch, the roofline, and the slightly set-back main dormer create a three dimensional horizontal progression. The vertical divisions of the facade correspond with the window openings. The central vertical bay is emphasized, beginning with the steps leading to the porch, continuing with the entrance and sidelight on the first level, and the paired windows on the second level, and finally terminating with the pedimental dormer gable over the triple window at the roof. A sleeping porch, probably dating from 1910, was added to the rear of the second floor of the house. The sleeping porch, as well as the dormers, has wood siding, contrasting the heavy brick and masonry of the rest of the house. The North, East and West sides of the sleeping porch are essentially continous windows with small piers at the corners for the window jambs to meet. The addition has a simple shed roof that meets the block of the building at the eave of the hipped roof. The entire building rests upon a brick foundation that is faced on the exterior with a bottom course of sandstone, followed by a smooth stucco surface to the beginning of the first level. The main block of the building is of smoothly finished brick with flush mortar joints, with the exception of the bay which is built from a rough surfaced bick with concave mortar joints. The pronounced smooth stone lentils & sills emphasize the window openings on the first level, while the windows at the second level retain the stone sills, but exchangE the stone lentil for a continous wood molding at the eaves. See continuation sheet Continued, Section 7 The character of the building is reserved and its' conservative detailing imparts the building with a "Neoclassical° presence. Exterior ornamentation consists of a variety of surface finishes, corresponding to distinct courses of the builiding. Planes are modestly projected or recessed creating interesting shadow patterns. A good example of this is the corbeled brick at the chimneytops. The windows vary throughout the house, although most are double-hung windows with a plain sheet of glass on the bottom and a series of 'diamond' motif panes above the window sash. The entry is conservative and welcoming with an unusual assymetrical design of a door with a single sidelight, both topped by a wide transom. Inside, carved wood panels cover the entry walls as well as the stairway with it's richly detailed wood balustrade. To the right of the entry, an wood paneled inglenook employs the light from a large window. The inglenook originally had matching bookcases at the sides with doors ofleaded glass. Detailed molding is employed throughout the house. An interesting feature of the house is the small telephone alcove placed under the staircase. The living room on the west side of the entry is dominated by a beautiful fireplace that boasts a smooth faced brick, semicirclular opening with brick corbeling at the corners, meetimg the mantlepiece. Windows on either side of the fireplace, as well as light from the adjoining dining room bay, focus attention on the fireplace. The master bedroom located above the living room, makes use of the same chimney, and incorporates tiles around the charming fireplace which angles across the North-West corner of the room. ' 8..Statement of Significance Certifying official has considered the si niflcance of this property in relation to other properties: �❑nationally ❑statewide ❑Io0 Applicable National Register Criteria ❑A ❑BECED �! Criteria Considerations (Exceptions) EA ❑B ❑C ❑D ❑E ❑F ❑G Areas of Significance (enter categories from instructions) Per d ft0iYr icance Signiificant1C0ates ArcCommerce, Social/Humanitarian,ire1119990099 to 1'922 Industry, Theatre, oliitics/Government Cultural Affiliation Significant Person Arch•e.ctjBul er Anthony Hampton & Ruby Clawson Godbe B. �. Mecklenburg State significance of property, and justify criteria, criteria considerations, and areas and periods of significance noted above. The residence_located at 943 East South Temple is historically significant for architectural as well as cultural reasons. The house exhibits important architectural characteristics, ranging from overall massing to Neoclassical detailing. The residence was home to a number of prominent early Utahns that contributed to the history of Salt Lake City. The house was constructed by B. O. Mecklenburgl, a popular local Architect/Builder in the early 1900's. Mr. Mecklenburg was responsible for the planning and construction of many houses, as well as apartment buildings, in the early 1900's. East South Temple Street, or Brigham Street as it was known at the turn of the century was the site of many beautiful mansions and imposing houses, with local men of prominence vying for a prestigious south Temple address. Mr. Mecklenburg erected a number of houses on South Temple in an effort to meet those demands. The massing of the house is very similar to two later houses, also built by Mecklenburg, directly east of the structure. The placement of these very similar adjacent houses, preserves the architectural integrity of the street. The careful restoration of the highly visible, corner residence, would not only preserve, but also promote the continuity and historical importance of the block, part of the South Temple Historic District. The cubical house with it's foursquare plan and large hipped roof, reflects a popular building type of the period. The original frame porch boasted coupled Neoclassical columns which served to further ornament the reserved exterior. The neoclassical presence of the building is further emphasized by the pedimented dormer at the center of the south facade. The exterior of the building has remained relatively unchanged throughout the years. The interior of the house, although undergoing various remodeling, retains the original charm of the structure with the major rooms remaining intact and well as the preservation of interior ornamental details. Rich, carved wood panels cover the entry and staircase. The inglenook at the east of the entry and the living room at the west retain their integrity, remaining relatively unchanged, with exception of the finishes. The residence at 943 East South Temple, situated on a prominent sloping corner site, became the home of 1 As contributed by Margaret D. Lester, Utah State Historical Society, and author of Brigham Street, c. 1978 See continuation sheet Continued, Section 8 Anthony H. Godbe in 1910, soon after it's construction. Originally built for Walter G. Filer and his wife Esther in 19062, the house was sold to Mr. Godbe and his wife the former Ruby Clawson, after the divorce of Mr. and Mrs. Filer3 in April, 1909. Mr.& Mrs. Anthony H. Godbe were the product of two very important Utah Families. Anthony H. Godbe was the son of Mary Hampton Godbe and William Samuel Godbe, an important figure in early Utah mercantilism and politics. Ruby Clawson Godbe was the youngest daughter of Ellen Spencer Clawson and Elder Hiram Bradley Clawson, a key figure in the Salt Lake Theatre and well as the Mormon church. Mr. William S. Godbe played a key role in early Utah history. He was baptized into the LDS faith in London and arrived in Utah in 1951. He became a prosperous commission merchant, and was the first to reduce prices.4 He first achieved prominence with the establishment of The Utah Magazine co-authored by E.L.T. Harrison. The Utah Magazine, was not sanctioned by the church due to it's 'traitorous' doctrines such as the promotion of mining, and a call for separation of Church and business. William S. Godbe and E.L. T. Harrison, former Elders of the Church, along with Mr. Lawrence and other respected intellects were promptly excommunicated from the Church5. The Utah Magazine, continued on to become the Salt Lake Tribune. As his business activities continued, he built the Godbe Building at the corner of Second South and Main, and ventured into the mining business, which resulted in great profits and expansion throughout the West. He continued to defend the Mormons6 although he was a leader of the so called 'New Movement. The term 'Godbeites' (Mormon apostates and conservative gentiles) is taken from his name. The Godbeites fought against passage of the Cullum Bill, which imposed strict penalties upon polygamists. Of William Samuel Godbe's children, Anthony Hampton Godbe, his oldest son, was the most prominent. Anthony Godbe pursued his fathers' mining activities7 and was a well respected member of the community. The Godbe family were active members of the community, involved with many aspects of Salt Lake City life including journalism and the theatre. Elder Hiram Bradley Clawson, a close friend of Joseph Smith and later, Brigham Young, originated the family tradition of involvement with the theatre. Hiram B. Clawson was the man who persuaded Brigham Young to build the popular Salt Lake Theatre, which he managed for 30 years. He also founded the Home Dramatics Clubs. Hiram Clawson also served as General of the Nauvoo Legion and Adjutant General of the Territory of Utah. Mr. Clawson was also the builder of the first adobe building in the Salt Lake Valley with Truman 0. Angell as the architects, 2 A building permit is not listed. A dramatic increase in property value, coinciding with the purchase of the land by Walter G. Filer in 1905, and a change in the description of the residence located at this address indicate a building date of 1905 - 1906. 3 The Deseret Evenina News published an article titled'Speedy Divorce for Mrs.Walter G. Filer, Well Known Society Woman Set Free within Two Hours of Filling Complaint. Mrs. Esther Filer received the residence at 943 East South Temple in the settlement. 4 History of Salt Lake City, by Edward W. Tullidge, as authorized by the Salt Lake City Council, Star Printing c. 1886 5 History of Utah. 1847-1869, by Andrew L. Neff & Laurette Neff, Deseret News Press 6 History of Utah Since Statehood. Vol. III, by Noble Warrum, S. J. Clarke Publishing Company c. 1919 7 Pioneers and Prominent Men of Utah, Early Mormon History 1805,Portraits, Genealogies,Biographies 1847-1868; Men Who Came by Wagon Train and Handcarts, by Essham, Salt Lake City, Western Epics, Inc. c. 1966 8 History of Salt Lake City, by Edward W. Tullidge, as authorized by the Salt Lake City Council, Star Printing c. 1886 0 • Continued, Section 8 The Anthony H. Godbe family lived at 943 East South Temple from 1909 until 1920, when they purchased house in the emerging Federal Height subdivisions. During their habitation, the house was the setting for social activities involving many prominent Utahns. One such guest, Susanna B. Emery Holmes, popularly known as the Silver Queen, liked the house so much that she purchased it from the Godbe's when their new house was completed. Susanna Emery-Holmes owned the house from 1920 until 1922, when she sold it to Lee and Annette Lovinger. Mr. Lee Lovinger was the president of a local soap and disinfectant company. The Lovingers resided at 943 Ease South Temple until the death of Mr. Lovinger in 1951. 0 9 Interview with Hampton Clawson Godbe, (January 18,1990)son of Anthony H.&Ruby C.Godbe,former resident 1909- 1920. 9.` Mnjor Bibllogrnphical References_ . ..___., • History of Salt Lake City, by Edward W. Tullidge, as authorized by the Salt Lake City Council, Star Printing c. 1886 • Pioneers and Prominent Men of Utah, Early Mormon History 1805, Portraits, Genealogies, Biographies 1847-1868, by Essham, Salt Lake City, Western Epics,Inc. c. 1966 • History of Utah Since Statehood, by Noble Warrum, S. J. Clarke Publishing Co., c. 1919 • Men of Affairs in the State of Utah, by The Press Club of Salt lake City, 1914 • History of Utah, 1847-1869, by Andrew L. Neff and Laurette Neff • Brigham Street, by Margaret D. Lester, Utah State Historical Society, c. 1979 I See continuation sheet Previous documentation on file (NPS): [ I preliminary determination of individual listing (36 CFR 67) Primary location of additional data: has been requested INrState historic preservation office I J previously listed in the National Register I Other State agency previously determined eligible by the National Register I Federal agency n designated a National Historic Landmark nl Local government rI recorded by Historic American Buildings University Survey # I IOther 7 recorded by Historic American Engineering Specify repository: Record 10. Geographical Data Acreage of property .13 UTM References 1 i I I 1 1 1 1 1 1 1 . B I , I I I I I I Zone Easting Northing Zone Easting Northing CI ' II1II ! II , I , I , 1I DI ' III IIIIIIII ! Ili I I !See continuation sheet Verbal Boundary Description BEG. AT SW COR LOT 2, BLK 8, PLAT G, SLC SUR; E 66 FT; N 84.75 FT; W 66 FT; S 84.75 FT TO BEG. 4874-0655 5419-1193 5896-0086 n See continuation sheet Boundary Justification ri See continuation sheet 11. Form Prepared By name/title Holli Adams organization Burtch W. Beall, Jr., FAIA, Architect date 15 February 1990 street & number 2188 S. Highland Drive, #208 telephone (801) 466-1304 city or town Salt Lake City state Utah zip code _ 84106 BEFORE THE PLANNING & ZONING COMMISSION AND THE HISTORICAL LANDMARK COMMITTEE FINDINGS AND ORDER, CASE NO. 864 REPORT OF THE COMMISSION: This is an appeal by Douglas & Buffi King to nominate the Anthony H. Godbe House (1906) at 943 East South Temple, to the Salt Lake City Register of Cultural Resources. On March 7, 1990, the case was heard before the Historical Landmark Committee. Mr. Burtch Beall, Ms. Holli Adams and the applicants, Douglas and Buffi King, were present. Mr. King said he and Mrs. King had recently purchased this house. He explained that Buffi King had been born and raised in Salt Lake City. He and Mrs. King had lived in Denver and California for many years but they are intending to move back to Salt Lake City in order to live close to family and also they love the mountains. He said he and Mrs. King noticed this house was for sale some months ago when they were in Salt Lake City, and they contacted a realtor who showed them the house, and even though the windows were "boarded up" and the house had been fire damaged, they liked the "layout" of the house and the architecture and wanted to buy it. He said the cost of repairing the house and restoring it as it was originally, as they intend to do, would be cost prohibitive, but the Kings ' long range plans are to live there and operate this house as a Bed and Breakfast. Mr. King said because Mrs. King is employed by Delta Airlines and he is self-employed, their schedule will permit them to be here two or three days each week, so they will not be "absentee landlords, " and they plan ultimately to move to Salt Lake City. He and Mrs. King plan on marketing this Bed and Breakfast through the airlines as much as possible, and to bring people from various parts of the country and introduce them to Salt Lake City and its culture and history. Mrs. King added that her roots are here and she wants to return to Salt Lake City, and to get other people here to see what Salt Lake City has to offer. She presented pictures of this house, one picture having been taken in 1916, showing the detail of the front porch, saying they hope to restore the original look. Other pictures were displayed which were taken by Mr. Godbe, who is 84 years old, and which showed the details on the railing and the porch. Mr. Beall and Ms. Adams addressed the committee. Ms. Adams said she and Mr. Beall feel this house belongs on the City Register. She gave the history of the house, saying it is a very important site and has played an important part in the history of Utah. It was built in 1906 by .Mecklenburg, a builder of several houses along South Temple including the two houses directly east of the Godbe house. He built this house and the other two mentioned in basically a "neoclassical style" . She said the house is almost divided into nine distinct parts. It has interesting windows and they can be restored to their original beauty. The interior has many hardwood panels, hardwood stairwells and intricate moldings which will be restored. She and Mr. Beall believe there is enough left of the house that the important features can be reconstructed. HLC No. 864 Page 2 Ms. Hall said the Godbe family was important in Salt Lake history, explaing that Anthony Godbe's father was the leader of the "Godbeites, " an early apostate Mormon group that fought many battles agains the Mormon establishment. Mr. Godbe was also the editor of the Salt Lake Tribune. Mrs. Anthony Godbe (Ruby Clawson) was from a prominent Mormon family in the Salt Lake culture and the theater. Mr. Burtch Beall presented photographs showing the interior and exterior condition of the house, noting the damage on the inside is extensive. He said Mr. and Mrs. King and Mr. Clark ( the former property owner) have developed cost estimates for "bringing the house backto a residence, " and that would cost approximately $200,000, and that is a part of Mr. and Mrs. King's decision to request having the house become a Bed and Breakfast. Mr. Beall presented drawings showing what is being proposed and how sympathetic the applicants have been in making any changes to the house. He said the house is essentially is a little more than square--about 30 feet on South Temple and about 40 feet on "M" Street. The garage is in the rear. He said dramatic changes have been made to the front porch with infill, resulting in slightly different character now than originally. A footprint of the original house was presented, and it is proposed to build an addition which simply extends the house 10 feet on the north side and the full east-west direction. The entry space, the porch, the living room, dining room and kitchen are as they were originally and will remain the same. The window style, the fenestration, hipped roof pattern, will all be in the same character as original. Mr. Beall said the neighborhood housing group has been contacted about the existing house to the north on "M" Street, and they are interested in moving that house to another lot so that housing will not be lost to the city. Mr. Beall said the second floor of the house will have basically the same rooms as exist and the addition to the north will be two rooms with adjoining bathrooms. The lower floor will be the manager's apartment and a garage for a car to service guests coming to the airport without transportation. The third floor presently is a large apartment which the fire destroyed. It is proposed to extend the area on the third floor to accommodate effective a second living room. The existing dormer will be moved to the north and possibly enlarged. It is proposed to place a fire escape between this house and the house to the east as the space between is very limited. Mr. Beall said an effort will be made to keep the same scale to the brick pattern, and the South Temple facade will remain unchanged. Mr. Beall said Mr. and Mrs. King own the Godbe house and the house to the north facing "M" Street. He presented a plan for the parking area to accommodate seven cars which is the number of spaces needed after the house is remodeled. He said the parking lot area will be shielded as much as possible. Mr . Emerson asked Mr. Beall and the applicants about their feelings concerning nominating a house to the register and immediately making modifications to that house, and if they felt there was any conflict there. 0 - 0 HLC No. 864 Page 3 Mr. Beal said he thinks this is a prominent home on the corner and that it would be unfortunate to lose it. He does not think the proposed addition will in any way destroy it but hopes it will in some way enhance it. He said the options of leaving the house as it is or demolishing it seem to be less desirable, and in trying to keep the quality of South Temple, this corner piece being an anchor to it, he would not like to see the house torn down even for a new house which may not have the character of the neighborhood. Ms. Edeiken talked about the eligibility and nomination to the register versus what the plans are for the house, saying she realizes it is the eligibility on the agenda for this meeting. She thinks the critical question is a judgment call on how endangered the property is. Ms. Sperry said as a real estate agent, she believes the house is endangered it is on the corner of two busy streets, it 's across the street from the Ronald McDonald House, and it has no back yard for children to play. She said a family would not buy this house for those reasons. She thinks it would be good for this neighborhood for the "1945-50 bungalow style" house to the north removed from the Avenues and placed in a different neighborhood. Discussion followed concerning the eligibility issue and the survey conducted for the city in which this house was rated "contributory. " Ms. Edeiken asked if there is any new historical information which would indicate this house could be "bumped" to "signigicant. " Mr. Schwab said previously there had not been such indepth historical background on the Godbe family and the roles they played, etc. Mrs. King said the survey form she had received from the State had misstated the name of the architect who designed this house and also had the date of original construction as 1914 and the correct date is 1906. Mr. Schwab said there have been instances in the past when, because additional information has been discovered, the survey ratings on some structures have been changed. He said Mr. and Mrs. King have done a lot of research on this structure and the history they gave is a more accurate history of this home than the site structure form stated. Ms. Sperry moved to recommend approval of the nomination of the Anthony H. Godbe House to the Salt Lake City Register of Cultural Resources for two reasons, because of its location in the Avenues area and on South Temple, particularly being on the corner, and also because the Godbe families are extremely important in the history of Utah and Salt Lake City, and information from the pioneers indicates that they published a magazine and a newspaper which became and still exists as one of the important publications in Utah. Mr. Neilson seconded the motion. Discussion followed. Ms. Edeiken pointed out that William S. Godbe was the prominent Godbe, and this house is associated with one of his sons, Anthony H. Godbe, who was a member of the Godbe family but not prominent historically. HLC No. 864 Page 4 It was her feeling that architecturally there is nothing to change this home from a "contributory" building to the "significant" category. Mr. Schwab pointed out that according to the ordinance, a building can be on the register individually whether it is designated "significant" or "contributory. " He said there may have been other past policies but he is not familiar with them because they are not written anywhere, that he was only speaking in accordance with the ordinance and the criteria used; i .e . , the significance, the events and the people. He noted there are three houses in a row including the Godbe houses that where all designed and built by the same architect, saying that strengthens the fabric. Mr. Loosli said he agreed with Ms . Edeiken , and as he recalls, when the Historical Landmark Ordinance was initiated and the first buildings were listed on the City Register , there were many buildings that could have been added but it was agreed to not list all of the buildings individually because there were so many, and with a few exceptions, those houses on South Temple were dealt with as the South Temple Historic District. He said there were a few houses on South Temple that were so significant that they were placed on the National Historic Register, and it was explained to the other property owners that their homes were not individually listed because their homes were already listed by virtue of being in a Historical District. He feels there are many buildings on South Temple that architecturally are much more significant than the Godbe house . Mr. Ulrich said he feels the more protection to the buildings on South Temple , and in other areas , the better, adding he would be in favor of listing every home on South Temple on the City Register and still have South Temple an Historic District because it would provide "double layer" protection. Mr. Neilson said he thought part of this issue was confused by the fact that this home is not as significant on South Temple as other homes on South Temple but more significant than other homes having historic designation in other neighborhoods. He said he didn ' t think the committee should say because this home is not the most significant in this neighborhood it does not deserve nomination. Some other committee members agreed with him. During the discussion, the property owners' future plans for this house as a Bed & Breakfast was brought up, and Mr. Schwab said that was not the issue being addressed at this time--that the real issue now is whether or not this building is important enough and worthy, because of its location on South Temple and with its history, to be nominated to the City Register. _. Mr. Dixon called for a vote on the motion. Ms. Sperry, Mr. Knudsen, Mr. Emerson, Mr. Ulrich and Mr. Neilson voted "aye; " Ms. Edeiken, Ms. Grubaugh— Littig and Mr. Loosli opposed. The motion passed. Ms. Edeiken proposed that this committee hold a special meeting to discuss a new policy and philosophy concerning nominations to the City Register and other matters. The committee members were in agreement. The special meeting 0 . HLC No. 864 Page 5 was scheduled for March 28th at 4:00 p.m. , in Room 542, City and County Building. On March 8, 1990, the case was heard before the Planning and Zoning Commission. It was moved that the Planning Commission accept the recommendation of the Historical Landmark Committee to recommend approval of the nomination of the Anthony H. Godbe House to the Salt Lake City Register of Cultural Resources for two reasons, because of its location in the Avenues area and on South Temple, particularly being on the corner, and also because the Godbe families are extremely important in the history of Utah and Salt Lake City, and information from the pioneers indicates that they published a magazine and a newspaper which became and still exists as one of the important publications in Utah. The motion was seconded; all voted "aye." The motion passed. IT IS THEREFORE ORDERED that a recommendation for approval be given to the request to nominate the Anthony H. Godbe House (1906) , at 943 East South Temple to the Salt Lake City Register of Cultural Resources. Dated at Salt Lake City, Utah, this 9th day of April, 1990. S retary (///) 4,111,,i---/pLe-,/, — // Minutes of the Historical Landmark Committee and the Planning Commission are on file available for inspection at Room 406 City & County Building, 451 South State Street.