06/13/2002 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, DUNE 13, 2002
The City Council of Salt Lake City, Utah, met in Regular Session on Thursday, June 13,
2002, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South
State, Salt Lake City, Utah.
The following Council Members were present:
Carlton Christensen Van Turner Nancy Saxton
Jill Remington Love Dave Buhler Eric Jergensen
Dale Lambert
Rocky Fluhart, Chief Administrative Officer; Cindy Gust-Jenson, Council Executive
Director; and Chris Meeker, Chief Deputy City Recorder, were present.
Councilmember Buhler presided at and Councilmember Turner conducted the meeting.
#1. The Council led the Pledge of Allegiance.
#2. Councilmember Lambert moved and Councilmember Jergensen seconded to approve the
minutes of the City Council meetings held May 21 and June 4, 2002, which motion carried,
all members voted aye.
(M 02-1)
COMMENTS TO THE MAYOR FROM THE CITY COUNCIL
Comments were directed to Rocky Fluhart, Chief of Staff, in Mayor Anderson' s
absence.
Councilmember Lambert asked Mr. Fluhart if the Administration would be ready for
the Olympic Legacy Park discussion scheduled for June 18, 2002. Mr. Fluhart said the
Administration was on schedule and would be ready for a discussion.
Councilmember Saxton asked if the Administration was willing to enter into
negotiations with the Salt Lake Olympic Committee (SLOC) regarding Legacy Park. Mr.
Fluhart said SLOC was interested in the progression of Legacy Park.
COMMENTS TO THE CITY COUNCIL
Margaret Pahl, Owner of Pop' s Place and the 13th South Stop, discussed evaluation
criteria for small business revolving loans. Ms. Pahl said she had been a City Planner
for 13 years. She said as a City employee she wanted no special treatment or
considerations. She said she had consciously avoided any conflict of interest when
initiating her small business. She said 13th South Stop was a transit oriented
development located adjacent to TRAX. She said the business included several offices
for small business, a neighborhood grocery store and a private club. She said the
City' s master plan encouraged the area to transition from light industrial to
commercial. She said when the small business revolving loan program was originally
designed it was to fund only un-bankable projects. She said over time, the program had
changed and was now competing with private lending institutions.
Ilda Amaral and Javier Sanchez spoke in opposition to the current vending cart
ordinance.
PUBLIC HEARING
#1. RE: Accept public comment and consider adopting an ordinance transferring
the urban forestry and street sweeping programs from the Refuse Fund to the General
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, DUNE 13, 2002
Fund, as well as proposed reductions in the refuse fees pursuant to such transfer and
offsetting increase in General Fund property tax.
ACTION: Councilmember Saxton moved and Councilmember Christensen seconded to
close the public hearing, which motion carried, all members voted aye.
Councilmember Buhler moved and Councilmember Jergensen seconded to defer consideration
of this issue until the next City Council meeting, which motion carried, all members
voted aye except Councilmember Saxton who voted nay.
DISCUSSION: David Baird, Downtown Alliance, spoke in opposition to the change in the
ordinance and asked that the Council delay adoption until property owners were
adequately informed on all alternatives. He said the Downtown Alliance was willing to
facilitate discussion with the City and property owners.
Councilmember Saxton spoke against deferring the motion. She suggested not adopting
the ordinance. She said services provided to the downtown area served the public and
residents and funding was modest.
Councilmember Lambert said he was in favor of deferring the issue until the next
meeting. He said it was a fairness issue and individual homeowners were carrying the
burden. He said garbage fees should not pay for street sweeping and urban forestry.
He said this was a general fund matter.
Council Members Jergensen and Christensen supported deferring the motion.
Councilmember Christensen said urban forestry was a good investment.
(0 02-27)
Councilmember Lambert moved and Councilmember Love seconded to move to Item F-
4, Sidewalk Vending Carts, which motion carried, all members voted aye.
UNFINISHED BUSINESS
#1. RE: Adopting an ordinance enacting Chapter 2.84, Salt Lake City Code,
relating to establishing a Salt Lake City Justice Court; amending Chapter 2.75, relating
to enforcement of civil violations; amending Section 1.12.050 relating to violation-
penalty; repealing Section 2.59.035 relating to Administrative Law Judge subpoenas;
amending Section 2.59.040 relating to issuance of subpoenas; amending Section 5.71.090
relating to enforcement procedures - civil notice of ground transportation violation;
amending Section 5.71.100 relating to expedited appeal of exclusion; amending Section
8.04.390 relating to animals running at large; amending Section 8.04.400 relating to
dogs on chains in unenclosed premises; amending Section 8.04.520 relating to notice of
violations; amending Section 11.14.070 relating to administrative appeals; amending
Section 12.12.010 relating to obedience to traffic code required; amending Section
12.12.015 relating to civil traffic violations; amending Section 12.16.060 relating to
collision with unattended property; amending Section 12.24.016 relating to vehicle
owner driving without insurance; amending Section 12.24.018 relating to driving without
insurance; and amending Section 14.20.110 relating to failure to remove snow and ice
- civil penalties.
ACTION: Councilmember Lambert moved and Councilmember Love seconded to adopt Ordinance
29 of 2002, with the following amendment: That the language on Page 21, Paragraph C
(legislative copy) or 8.04.520 C, the underlined language Nothing herein shall affect
the City's burden to prove each element of the underlying charge by a preponderance of
evidence, be added to Page 18, 5.71.090 C after the language: The burden to prove any
defense shall be upon the person rising such defenses, which motion carried, all
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, JUNE 13, 2002
members voted aye except Councilmember Buhler who voted nay.
DISCUSSION: Councilmember Buhler said he was in opposition of the ordinance. He said
Salt Lake City should use State Courts and the Matheson Court House. Councilmember
Christensen said he supported the ordinance. He said he was optimistic the Court would
carry out City ordinance and policy more effectively. Councilmember Lambert said the
ordinance was necessary to implement what had already been done. Councilmember Saxton
said it was her hope the Court would make a difference in nuisance cases which went on
without resolve and the quality of life for citizens would improve.
(0 02-28)
#2. RE: Adopting a resolution authorizing the approval of an interlocal cooperation
agreement between Salt Lake City Corporation and Salt Lake County for prisoner transport
from Salt Lake County Jail to the Salt Lake City Justice Court.
ACTION: Councilmember Christensen moved and Councilmember Love seconded to adopt
Resolution 30 of 2002, which motion carried, all members voted aye.
DISCUSSION: Councilmember Christensen said as the Justice Court moved forward and
more cost effective ways of transport became available the agreement could change.
(C 02-360)
#3. Adopting a resolution authorizing adoption of Salt Lake City' s Small
Business Revolving Loan Fund criteria and evaluation matrix.
ACTION: Councilmember Buhler moved and Councilmember Saxton seconded to adopt
Resolution 31 of 2002, with the following amendment: That the City Council request
that the Mayor provide the Council with a written quarterly update on the number of
loan applications received, the number of loans approved, the dollar amount of loans
issued, and the status of outstanding loans including the number and solar amount of
loans written off and the number of loans and dollar amounts that are more than 60
days delinquent and that the amount in the Loan Criteria be changed from $50, 000 to
$100,000 which motion carried, all members voted aye.
DISCUSSION: Councilmember Saxton said the increase to $100, 000 was valid. She asked
if an applicant for a loan did not have additional collateral, would that preclude the
applicant from receiving the additional $100,000. Ms. Clark said the Mayor's submittal
stated that the applicant submit sufficient collateral to fully secure the loan.
Councilmember Saxton suggested giving latitude to the committee for extenuating
circumstances. Councilmember Buhler said in the future criteria might need to be fine-
tuned. Councilmember Christensen said he was concerned with an applicant putting a
personal home up for collateral.
(R 02-9)
#4. RE: Reconsider Ordinance 23 of 2002 regulating the location and operation
of sidewalk vending carts and forward this legislative action to the Administration to
start the appropriate public process, including review by the Salt Lake City Planning
Commission if necessary.
ACTION: Councilmember Lambert moved and Councilmember Buhler seconded to direct the
City Attorney' s Office to draft an amendment to Ordinance 23 of 2002, with the following
changes: that the southern boundary be changed from 600 South to 900 South and the
eastern boundary from 600 South to 900 South be both sides of 200 East Street and the
western boundary from 600 South to 900 South would be both sides of West Temple Street
and set a public hearing date regarding the amendment, which motion carried, all
members voted aye.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, DUNE 13, 2002
Councilmember Saxton moved and Councilmember Lambert seconded to accept the friendly
motion to change the intention of the ordinance to "economic development for the City"
instead of "for revitalization of Main Street", which motion carried, all Council
Members voted aye.
DISCUSSION: Councilmember Buhler suggested that Council instruct the Attorney' s Office
to draft an ordinance and amend the boundaries after the draft was completed.
Councilmember Jergensen said he was concerned about setting boundaries. Councilmember
Saxton asked that the intention of the ordinance be changed to "economic development
for the City". She said the statement "for revitalization of Main Street" should be
removed.
Councilmember Lambert said West Temple to 600 West was a residential area and that was
the reason for his change. He said otherwise the expanded area would remain the same.
Mr. Fluhart said it was normal practice to schedule a public hearing for an ordinance
and to have a completed ordinance for citizens to review and comment on. He said after
the hearing the Council could make changes if needed.
Councilmember Jergensen said he had talked with vendors. He said they were hard
working and wanted to make a success of the business. He said they had problems with
City regulations and being moved around by the City. He said the issue was of economic
revitalization and fair market. Councilmember Christensen said he was in support of
the motion. He said he felt tentative boundaries were appropriate.
Councilmember Saxton said she was concerned with businesses in-kind being located to
closely together. She said like businesses should be located apart.
(0 01-4)
Items F-5 through F-9 were moved to the June 18, 2002 City Council meeting for
final legislative action.
#5. RE: Adopting an ordinance amending Salt Lake City Ordinance 32 of 2001,
which approved, ratified and finalized the biennial budget of Salt Lake City, Utah,
including the employment staffing document, for Fiscal Years beginning July 1, 2001
and ending June 30, 2002 and beginning July 1, 2002 and ending June 30, 2003. (Budget
Amendment No. 7) .
(B 02-7)
a. Adopting Ordinance 31 of 2001 approving a Memorandum of Understanding between
Salt Lake City Corporation and Local 1004 of the American Federation of State, County
and Municipal Employees (AFSCME) representing the "100 Series" City employees, which
shall become effective on proper ratification and signature, or an ordinance
implementing a compensation plan.
(0 02-14)
b. Adopting an ordinance approving a Memorandum of Understanding between Salt
Lake City Corporation and Local 1004 of the American Federation of State, County and
Municipal Employees (AFSCME) representing the "200 Series" City employees, which shall
become effective on proper ratification and signature, or an ordinance implementing a
compensation plan.
(0 02-15)
c. Adopting an ordinance approving the Compensation Plan for "300 and 600 Series"
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, DUNE 13, 2002
employees of Salt Lake City. (Professional employees)
(0 02-16
d. Adopting an ordinance approving a Memorandum of Understanding between Salt
Lake City Corporation and Local 1645 of the International Association of Firefighters
representing the "400 Series" City employees, which shall become effective on proper
ratification and signature, or an ordinance implementing a compensation plan.
(0 02-17)
e. Adopting an ordinance appropriating necessary funds to implement, for fiscal
year 2002-2003, the provisions of the Memorandum of Understanding between the City and
the Salt Lake Police Association, International Union of Police Associations, Local
75, AFL-CIO, representing the "500 Series" City Employees dated on or about July 1,
2001.
(0 01-10)
f. Adopting an ordinance approving the Compensation Plan for "700 Series"
employees of Salt Lake City. (Regular part-time employees who perform essentially the
same duties of employees classified by the City as 100 and 200 Series employees and
work twenty or more but less than forty hours a week. )
(0 02-18)
g. Adopting an ordinance approving the Compensation Plan for "800 Series"
employees of Salt Lake City. (Employees covered by this plan shall be full time
sergeants, lieutenants and captains in the City's Police Department classified as 800
Series City employees. )
(0 02-19)
h. Adopting an ordinance approving the Compensation Plan for "900 Series"
employees of Salt Lake City. (Employees covered by this plan shall be full-time City
employees classified as 900 Series exempt Fire Department employees. )
(0 02-20)
i. Adopting an ordinance approving the Compensation Plan for Executive
Employees and Elected Officials of Salt Lake City.
(0 02-21)
j . Adopting an ordinance approving the Compensation Plan for Non-Classified
City Employees.
(0 02-22)
#6. RE: Amending Salt Lake City Ordinance 43 of 2001, which adopted the rate
of tax levy upon all real and personal property within Salt Lake City made taxable by
law for fiscal years 2001-2002 and 2002-2003.
(0 02-24)
#7. Adopting an ordinance amending Section 12.56.210, Salt Lake City Code,
relating to parking meters special use conditions and fees; and amending Section
14.12.130 relating to removal of parking meters.
(0 02-23)
#8. Adopting an ordinance enacting Section 12.56.325, Salt Lake City Code,
relating to loading zones and restricted parking special use conditions and fees.
(0 02-25)
#9. Adopting an ordinance approving the final budget for the Library Fund of
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
THURSDAY, JUNE 13, 2002
Salt Lake City, Utah for fiscal year 2002-2003.
(B 02-3)
CONSENT AGENDA
ACTION: Councilmember Saxton moved and Councilmember Love seconded to approve
the Consent Agenda, which motion carried, all members voted aye.
#1. RE: Adopting a motion authorizing the Council Chair to sign a contract with
Deloitte & Touche to conduct financial audits of the City for the years ending June
30, 2002, 2003 and 2004.
(C 02-362)
#2. RE: Adopting Resolution 32 of 2002, authorizing the approval of an interlocal
cooperation Agreement between Salt Lake City Corporation and Salt Lake County for the
Cost Share - 2002 UPDES Media Campaign. (Storm Water) View Attachment
(C 02-361)
The meeting adjourned at 7:12 p.m.
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02 - 6