06/13/2017 - Formal Meeting - Minutes MINUTES OF THE SALT LAKE CITY COUNCIL
TUESDAY, JUNE 13, 2017
The City Council of Salt Lake City, Utah, met on Tuesday, June 13, 2017
at 7 : 13 p .m. in Room 315, Council Chambers, City County Building, 451
South State .
The following Council Members were present :
Charlie Luke Andrew Johnston James Rogers
Stan Penfold Lisa Adams Derek Kitchen
Erin Mendenhall
Cindy Gust-Jenson, Council Executive Director; Margaret Plane, City
Attorney; Patrick Leary, Mayor' s Chief of Staff; David Litvack, Mayor' s
Deputy Chief of Staff; Cindi Mansell, City Recorder, and Makayla Hardy,
Deputy City Recorder; were present .
7 :13:35 PM Councilmember Penfold presided at and Councilmember
Mendenhall conducted the meeting.
OPENING CEREMONY
7 :13:39 PM Councilmember Rogers moved and Councilmember Kitchen
seconded to approve the minutes of the following Council meetings, which
motion carried, all members present voted aye .
• May 16, 2017 Work Session
• May 30, 2017 Work Session
• May 23, 2017 Joint Meeting
(M 17-4) (M 17-3)
PUBLIC HEARINGS
7 :14 :12 PM Note: Items 1-4 will be heard as one public hearing.
#1 . Accept public comment for a grant application requesting the
continuation of salary and benefits for existing victim advocate
positions and one new victim advocate position (VOCA) . View Attachment
(B 17-4)
#2 . Accept public comment for a grant application requesting
funding to pay for distracted driving enforcement and education shifts,
police overtime, and educational materials . View Attachment
(B 17-4)
#3 . Accept public comment for a grant application requesting
funding to conduct youth bicycle rodeos, crosswalk enforcement and
education operations, and cyclist and motorist enforcement and education
shifts. In addition, the funds will provide necessary equipment and
police overtime for these events. View Attachment
(B 17-4)
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#4 . Accept public comment for a grant application requesting
funding to redesign the Sorenson Campus Kitchen to increase functionality
and capacity for catering, and to accommodate more community events . In
addition, funds will be used to add commercial grade appliances, install
non-slip flooring and provide safety and building code compliance
upgrades. (Tourism, Recreation, Cultural and Convention (TRCC)
Facilities Fund) View Attachment
(B 17-4)
James Berensen discussed the City' s square footage and annual budget
amount in comparison to other large cities . He suggested methods for
cost savings such as not poisoning water by adding fluoride (see handout)
and requiring churches to pay taxes . He also suggested the City finances
be audited to see how funds were being spent and said it would appear
they were not being spent to alleviate road conditions .
Councilmember Penfold moved and Councilmember Luke seconded to
close the public hearing and defer action to a future date, which motion
carried, all members voted aye .
POTENTIAL ACTION ITEMS
#1 . 7 :17 :23 PM Adopting an ordinance amending the Final Budget of
Salt Lake City, including the employment staffing document for Fiscal
Year 2016-17 . Budget amendments happen several times each year to reflect
adjustments to the City 's budgets, including proposed project additions
and modifications. (Budget Amendment No . 6) View Attachment
(B 17-10)
Councilmember Penfold moved and Councilmember Luke seconded to
adopt Ordinance 26 of 2017 , providing for Budget Amendment No. 6 by
amending the Final Budget of Salt Lake City, including the employment
staffing document, for Fiscal Year 2016-17 as proposed by the
Administration, with the changes as follows : Items A-4 : Green waste
Landfill Fees over Budget Parks Crews ($94 ,000 - General Fund) , A-5 :
Homelessness Services Over Budget in Public Services ($213,000 - General
Fund) ; and A-7 : Water, Public Utilities Billings to Parks Division
($162 ,000 - General Fund) are Not Approved (Total $469,000 from General
Fund) ; and new Item D-15 is Approved ($3 . 75 million Class C Funds from
Salt Lake County) , which motion carried, all members voted aye.
#2 . 7 :18 :28 PM Adopting an ordinance amending the zoning of six
parcels located at 527-559 East 2100 South from CB (Community Business)
to R-MU-35 (Residential/Mixed Use) , and amending the Central Community
Master Plan Future Land Use Map pursuant to Petition Nos . PLNPCM2016-
00080 and PLNPCM2016-00081 . The proposed changes would allow the parcels
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to be developed as a multi-unit, mixed use structure with height and
density greater than what is currently found on site. Although the
applicant has requested that the properties be zoned to R-MU-35
Residential/Mixed Use District, the Council may consider rezoning the
properties to a different zoning district with similar characteristics
(Petitioner-Myriad Capital) View Attachment
(P 17-14)
Councilmember Kitchen moved and Councilmember Luke seconded to
adopt Ordinance 27 of 2017, amending the zoning of six parcels located
at approximately 527-559 East 2100 South from CB to R-MU-35 and amending
the Central Community Master Plan Future Land Use Map, which motion
carried, all members voted aye .
Note: Ordinances listed below (3-13) are associated with the
implementation of the Mayor' s Recommended Budget for Salt Lake City,
including the Library Fund, for the Fiscal Year (FY) 2017-2018 . See
Overall Motion Sheet
#3 . 7 :21 :15 PM Adopting an ordinance adopting the City Budget,
excluding the budget for the Library Fund which is separately adopted,
and the employment staffing document of Salt Lake City, Utah and related
ordinances for FY 2017-18 . View Attachment
(B 17-1)
Motion 1 : Councilmember Penfold moved and Councilmember Luke seconded to
adopt Ordinance 28 of 2017, adopting Salt Lake City' s Fiscal Year 2017-
18 budget as outlined in the attached key changes schedule and employment
staffing document, along with contingencies outlined below, excluding
the schedule for capital projects and debt, the Library Fund, and any
items that may be considered separately, which motion carried, all
members voted aye .
Motion 2 : Councilmember Penfold moved and Councilmember Luke seconded to
approve the below outlined appropriations to be contingent, which motion
carried, all members voted aye .
Contingency a. General Fund Subsidy to the Golf Enterprise Fund -
$404, 000 for the Rose Park Golf Course FY 2018-deficit ($324, 000 for
operations plus $80, 000 for IMS expenses) contingent upon funding being
released into stages as follows :
i . 50o release don July 1 based on the commitment the Administration
has already expressed to work jointly on a solution for Golf Fund
financial viability and discuss options under review by the
Administration; and
ii . 50% released upon issuance of a Request for Proposals that has
been vetted by both branches .
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Contingency b. Additional Fire Inspector FTE - $66, 000 for a fire
inspector contingent upon the Administration tracking actual processing
times for FY 2018 and reporting the results in the Mayor' s Recommended
Budget for FY 2019 . The Council' s understanding is that this position
will be hired mid-year.
Contingency c. Operation Diversion Funding - The $685, 000 in funding for
Operation Diversion is contingent upon a written agreement with Salt
Lake County that details the intended uses of the funds and clarifies
roles between the City, County, and other parties .
Contingency d. Citywide / IMS projects for CRM and Document Management
i . For the Constituent Request Management Program (CRM) - approve
the funding with the understanding that the Mayor' s Chief of
Staff has directed that the program be implemented citywide and
has committed to making sure that the program is used within each
City Department that receives requests for service from the
public; that IMS will dedicate necessary resources for the
program to be implemented successfully in each City
office/department; any exception to a department' s involvement
would be considered carefully by the Mayor' s Office; and that a
representative from the Council Office will be involved as an
active stakeholder in the process along with other affected
departments .
ii . For the Document Management Program - approve the funding
contingent upon the Administration providing more information to
the Council about the current need for the City, comparing a new
document Management solution to existing solutions in some
departments with extensive records, and that a representative
from the Council Office will be involved as an active stakeholder
in the process along with other affected departments . More
information would include:
• A City-wide Document Management needs identification
(department by department) .
• An assessment of various Document Management solutions, one
of which is SharePoint. This is due to the Council' s
previous initiation and significant investment for City-
wide use and availability of SharePoint as a document
management system, and also to include information about
whether City-wide availability was achieved and whether this
can be built upon or would be replaced by whichever approach
is selected.
• A recommendation based on the evaluation for whichever
solution is best for the City.
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• A plan for the City-wide implementation to ensure success
for affected Departments .
• A plan for integration with the City website to support the
City' s Open Data and general transparency goals .
Motion 5 : Councilmember Penfold moved and Councilmember Luke seconded to
approve $26,370, 695 to be transferred into CIP, including approving
$12 ,598 , 934 in funding for annual debt service, as detailed in the
Mayor' s Recommended CIP Budget, and with the understanding that funding
for CIP projects will be considered separately later this year, which
motion carried, all members voted aye .
Motion 6 : Councilmember Penfold moved and Councilmember Luke seconded to
adopt the Legislative Intent Statements as outlined on the motion sheet
under Motion 6, items 'a' through 'i' as outlined below, which motion
carried, all members voted aye .
a. Golf Enterprise Fund - The Council expresses the following intents
regarding the Golf Enterprise Fund:
i . Formally recognize in concept the value of expanding revenue-
generating opportunities at all City Golf Courses
ii . Track any subsidy given to the Golf Fund from the General
Fund this fiscal year for possible future reimbursement.
iii . Reaffirm the policy commitment to the Golf program remaining
an enterprise fund, in keeping with previously adopted Council
golf policy.
iv. Reaffirm the policy commitment to consider the resolution of
the golf funding issues over a 10-year timeline.
v. Schedule a policy conversation early in the new fiscal year to
confirm or adjust as necessary the Council ' s policy statements
that were established to guide the resolution of the City golf
issues .
vi . Renew the Council ' s request that the Administration formally
seek proposals from private providers, other governmental
entities , community organizations and others through issuance
of a formal Request for Proposals (RFP) for operations of the
full system of City golf courses .
vii . Request the opportunity for input on the Request for Proposals
in advance of its release to help assure that any responders
will be asked to address issues of interest and concern to
both branches .
b. Citywide / IMS projects for CRM and Document Management (applicable
to both projects) - It is the intent of the Council that the
Administration will provide an interim report in September/October
2017 (or sooner if ready) about the progress on both of these
programs , to include the information requested in the motion, as
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well as project scope and objectives, team composition and staffing,
and implementation schedule. It is also the Council' s expectation
that when funding is requested by IMS for shared services , projects
or programs in which the Legislative Branch is a key stakeholder
(participant, provider of information or recipient of essential
services) , the Legislative Branch will have the opportunity for
meaningful input early in the project to allow for the most
efficient and effective use of taxpayer resources in meeting the
needs of both branches .
c. Six-month review for Council-added or identified items - It is the
intent of the Council that the Administration provide a six-month
update of Council-added budget items and major budget topics , to
assess the progress of the projects and plan. (If the project is
not moving ahead as intended, the Council may discuss with the
Administration whether the funds should be recaptured. ) Items would
include :
i . Homelessness
ii . Status update on 500 West changes
iii . Golf (scheduled tentatively for July)
iv. Fleet (continue the discussion of sustainable and/or ideal
funding levels)
v. Arts Council / Twilight (including plans for Calendar Year
2018)
vi . Future funding for the Sustainability Department' s Energy and
Efficiency Fund
vii . Update on Neighborhood Clean-up public engagement (or
tentatively in September)
viii . IMS projects (separate legislative intent specifies this,
too)
d. Plan for increasing infrastructure funding - It is the intent of
the Council that the Administration provide a recommendation for
how to increase the level of funding for infrastructure on an
ongoing basis . A previous report identified ideal funding levels
and identified some options , but did not include an Administrative
recommendation. This could include working with the legislative
branch to develop a concept.
e. Overall strategy for approving specific infrastructure project
funding - It is the intent of the Council that the Administration
consider how to more accurately track and communicate actual funding
for specific road projects to make sure the projects and funding
are as transparent as possible . This may include returning to a
previous practice of appropriating funds by specific project (after
vetting through a citizen process) , rather than appropriating in
larger pools of funding.
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f. Fund Balance level - It is the intent of the Council to work jointly
with the Administration to develop a plan for managing and
maximizing fund balance in the future, and identify goals for future
years (two years, three years, etc. ) . The Administration has
offered to share ideas and information for a joint conversation,
including: practices that other cities successfully employ,
potentially setting aside some fund balance as a "revenue reserve"
and what mechanics that would entail, potential for informally or
formally rewarding Departments that identify efficiencies or other
opportunities that still meet the service levels established but
create savings that can drop to fund balance .
g. Downtown Alliance Safety Ambassador Program - It is the intent of
the Council that staff request a long-term funding plan for the
program from the Downtown Alliance and work to schedule a review of
that plan. The Council is interested in how the plan could be
replicable to other areas in the City, including potentially in
neighborhoods immediately adjacent to new Homeless Resource Centers
opening in the coming years .
h. Evaluate elected officials compensation - The Council requests the
Citizens Compensation Advisory Committee (CCAC) review compensation
for elected officials in comparable cities throughout the West. In
addition to looking at overall compensation, the review should
gather data on compensation levels for council members serving in
leadership roles such as chair and vice chair. Based on that
analysis , the CCAC should make recommendations in the FY 2018 annual
report for adjustments , if any, to elected officials compensation.
If additional funding is needed to conduct the review, a funding
request should come before the Council with sufficient time for the
CCAC to incorporate the evaluation findings and recommendations
into their FY 2018 annual report.
i. Secured Parking on 500 West Green Median - Appropriate funding for
the 500 West median secure parking lot with the intent that the
Administration evaluate the effectiveness of these improvements and
other City interventions in the area in approximately 2 years .
#4 . Adopting an ordinance adopting the rate of tax levy, including
the levy for the Library Fund, upon all real and personal property within
Salt Lake City made taxable by law for FY 2017-2018 . View Attachment
(B 17-1) (B 17-2)
Motion 4 : Councilmember Penfold moved and Councilmember Kitchen seconded
to adopt Ordinance 29 of 2017 setting the rate of tax levy, including
the levy for the Library Fund, upon all real and personal property within
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Salt Lake City, made taxable by law for Fiscal Year 2017-18 as listed on
the motion sheet, and authorize the Chair to sign the necessary
documentation for the State Tax Commission as follows :
a tax of . 005120 on each dollar of taxable valuation..."
a) . 003482 shall be credited as revenue in the General Fund,
generating $77 ,454 ,790 of on-going revenue; and
b) . 000032 shall be credited to the judgment levy for the General
Fund, a one-year adjustment generating $711 , 819 of one-time
revenue; and
c) . 000772 shall be credited toward repayment of General Obligation
Bonds , generating $17 , 172 , 630 of on-going revenue; and
d) . 000830 shall be credited as revenue in the special Library Fund,
generating $18 , 651 ,347 of on-going revenue; and
e) . 000004 shall be credited to the judgment levy for the Library
Fund, a one-year adjustment generating $89, 886 of one-time
revenue .
which motion carried, all members voted aye .
#5 . Adopting an ordinance adopting the budget for the Library Fund
of Salt Lake City, Utah for FY 2017-2018 . View Attachment
(B 17-2)
Motion 3 : Councilmember Penfold moved and Councilmember Luke seconded to
adopt Ordinance 30 of 2017 adopting the budget for the Library Fund for
Fiscal Year 2017-18, which motion carried, all members voted aye .
#6 . Adopting an ordinance amending Section 2 . 43 . 020 and Section
3 . 40 . 020, Salt Lake City Code, relating to City golf courses . View
Attachment
(0 17-5)
Ordinance not adopted.
#7 . Adopting an ordinance appropriating necessary funds to
implement, for fiscal year 2018, the provisions of the Memorandum of
Understanding (MOU) between Salt Lake City Corporation and the American
Federation of State, County, and Municipal Employees (AFSCME) Local 1004 ,
representing eligible employees . View Attachment
(0 17-6)
Motion 7 : Councilmember Kitchen moved and Councilmember Penfold seconded
to adopt Ordinance 32 of 2017 appropriating necessary funds to implement,
for Fiscal Year 2018 , the provisions of the MOU between SLC and AFSCME
Local 1004 , as extended and amended, which motion carried, all members
voted aye .
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#8 . Adopting an ordinance approving a Memorandum of Understanding
(MOU) between Salt Lake City Corporation and the American Federation of
State, County, and Municipal Employees (AFSCME) Local 1004 , representing
eligible employees pursuant to the Collective Bargaining and Employee
Representation Joint Resolution dated March 22 , 2011 , which shall become
effective on proper ratification and signature . View Attachment
(0 17-6)
Motion 7 : Councilmember Kitchen moved and Councilmember Penfold seconded
to adopt Ordinance 33 of 2017 approving an MOU between SLC and AFSCME
Local 1004 , representing eligible employees , pursuant to the Collective
Bargaining and Employee Representation Joint Resolution dated March 22 ,
2011, which motion carried, all members present voted aye .
#9 . Adopting an ordinance appropriating necessary funds to
implement, for FY 2017-18 , the provisions of the Memorandum of
Understanding (MOU) between Salt Lake City Corporation and the Salt Lake
Police Association, representing Police Officers in the Salt Lake City
Police Department, dated effective July 2 , 2017 . View Attachment
(0 17-7)
Motion 7 : Councilmember Kitchen moved and Councilmember Penfold seconded
to adopt Ordinance 34 of 2017 appropriating necessary funds to implement,
for Fiscal Year 2018 , the provisions of the MOU between SLC and the Salt
Lake Police Association, representing police officers in the SLC Police
Department, which motion carried, all members voted aye .
#10 . Adopting an ordinance approving a Memorandum of Understanding
(MOU) between Salt Lake City Corporation and the Salt Lake Police
Association, representing Police Officers in the Salt Lake City Police
Department pursuant to the Collective Bargaining and Employee
Representation Joint Resolution dated March 22 , 2011 , which shall become
effective on proper ratification and signature . View Attachment
(0 17-7)
Motion 7 : Councilmember Kitchen moved and Councilmember Penfold seconded
to adopt Ordinance 35 of 2017 approving a MOU between SLC and the Salt
Lake Police Association, representing police officers in the SLC Police
Department, pursuant to the Collective Bargaining and Employee
Representation Joint Resolution dated March 22 , 2011, which motion
carried, all members present voted aye .
#11 . Adopting an ordinance appropriating necessary funds to
implement, for FY 2017-2018 , the provisions of the Memorandum of
Understanding (MOU) between Salt Lake City Corporation and the
International Association of Firefighters Local 81 (fka Local 1645) ,
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representing Firefighters and Fire Captains in the Salt Lake City Fire
Department, and dated effective June 21 , 2015 . View Attachment
(0 15-6)
Motion 7 : Councilmember Kitchen moved and Councilmember Penfold seconded
to adopt Ordinance 36 of 2017 appropriating necessary funds to implement,
for Fiscal Year 2018, the provisions of the MOU between SLC and the
International Association of Firefighters Local 81 (fka Local 1645) ,
representing Firefighters and Fire Captains of the Salt Lake City Fire
Department, which motion carried, all members voted aye .
#12 . Adopting an ordinance approving a compensation plan for all
non-represented employees of Salt Lake City. View Attachment
(0 17-8)
Motion 7 : Councilmember Kitchen moved and Councilmember Penfold seconded
to adopt Ordinance 37 of 2017 approving the Compensation Plan for all
non-represented employees of Salt Lake City, Utah, with the changes noted
below, which motion carried, all members voted aye .
a . An increase of the City' s living wage to $10 . 87/hour .
b . Adding the language below to the preamble : The Mayor may authorize
leave not specified in this compensation plan for operational
flexibility, so long as the additional leave does not exceed the
equivalent of 8 hours of leave per employee, per year. However, the
Mayor may not otherwise create a new benefit or expand on existing
benefit for employees covered by this compensation plan during FY
2018 if doing so will result in a direct, measurable cost . A direct,
measurable cost includes a circumstance where the total cost of the
new benefit or expansion of an existing benefit exceeds appropriated
funds . Further, City Council input and approval is required if the
creation of a new benefit has policy implications or is already
addressed in this compensation plan .
#13. Accept public comment regarding an ordinance amending various
fees and fee information set forth in the Salt Lake City Consolidated
Fee Schedule. View Attachment
(0 17-3)
Motion 7 : Councilmember Kitchen moved and Councilmember Penfold seconded
to adopt Ordinance 38 of 2017 approving amendments to the Salt Lake City
Consolidated Fee Schedule with the understanding that Ordinance 22 of
2017 , golf fee and rate changes, will be reflected in the FY 2017-18
Consolidated Fee Schedule, which motion carried, all members voted aye .
7 :28 :52 PM QUESTIONS TO THE MAYOR FROM THE CITY COUNCIL
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Councilmember Rogers noted the Mayor was not present for the Annual
Budget adoption meeting.
7:29:24 PM COMMENTS TO THE CITY COUNCIL
George Chapman expressed concern with the Mayor' s appointee for the
UTA Board position. He discussed the importance of the position and the
role it needs to play when it comes to transit "services" (expansion) in
Salt Lake City versus projects .
Travis Bird expressed concern with Utah Jazz player Gordon Hayward
leaving Utah. He encouraged the City Council to honor him with a
Proclamation declaring "Gordon Hayward Day" at the next City Council
meeting.
James Berensen discussed America and the concept that citizens did
not get to approve taxes and they were never reduced. He encouraged
George Chapman to run for political office.
NEW BUSINESS
#1 . 7:36:00 PM Approving the appointment of James Debakis to the Utah
Transit Authority (UTA) Board for a term extending through June 6, 2021 .
View Attachment
(I 17-13)
It was noted (for the record) the term would extend through March
27, 2019 rather than June 6, 2021 as reflected on the agenda.
Councilmember Luke moved and Councilmember Kitchen seconded to
suspend the rules and not approve the Mayor' s recommendation to appoint
James Dabakis to represent Salt Lake City on the UTA Board of Trustees.
Council Members Luke, Kitchen, Penfold, and Mendenhall took points
of personal privilege to discuss the item.
Councilmember Mendenhall called for the question, which motion
carried 6-1, Council Members Johnston, Kitchen, Penfold, Mendenhall,
Luke, and Adams voted aye; Councilmember Rogers voted nay.
CONSENT
7 :46:37 PM Councilmember Penfold moved and Councilmember Luke
seconded to adopt the Consent Agenda items 2 and 3 (Items 1 and 4 were
removed) , which motion carried, all members voted aye .
#1 . Setting the date of Tuesday, July 11 , 2017 at 7 : 00 p.m. to
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accept public comment and consider adopting an ordinance closing a
portion of 800 West Street between approximately 740 North and the
terminating cul-de-sac pursuant to Petition No. PLNPCM2016-01008 . The
section of street is not needed or used for property access, circulation
or parking. The proposal would allow for the development of a community
center that would serve immigrants and refugees. If adopted, the status
of the property would be changed from a public street to a City-owned
parcel and the City would transfer ownership to the Good Samaritan
Foundation, a non- profit that provides employment counseling, English
language courses, citizenship classes, after-school tutoring, and walk-
in support on issues ranging from health care to navigating the public
transit system (Petitioner: Salt Lake City Real Estate Division) . View
Attachment
(P 17-17)
Item pulled from agenda; to be considered at a later date.
#2 . Setting the date of Tuesday, July 11 , 2017 at 7 : 00 p.m. to
accept public comment and consider adopting an ordinance to provide for
the imposition of civil penalties for violations of the ordinances set
forth in Title 5 , Salt Lake City Code, (enacting Chapter 5 . 88 ; amending
Sections 5 . 02 .290, 5 . 14 . 030, 5 . 14 . 060, 5 . 14 . 070, 5 . 14 . 080, 5 . 14 . 085,
5 . 14 . 090, 5 . 14 . 120, 5 . 14 . 130, 5 . 15 . 010, 5 . 15 . 050, 5 . 15 . 070, 5 . 71 . 310,
and 5 . 72 . 890 ; and repealing Sections 5 .28 . 150 , 5 . 65 .200, 5 . 68 . 110,
5 . 84 .220 and 5 . 85 . 070) . The proposal would impose fines business owners
who violate business licensing ordinances. View Attachment
(0 17-9)
#3 . Approving the appointment of Steven Price to the Airport
Advisory Board for a term extending through June 6, 2021 .
(I 17-1)
#4 . Approving the appointment of Larissa Trout to the Arts Council
Board for a term extending through June 13, 2020 .
(I 17-12)
Item pulled from agenda; to be considered at a later date.
The meeting adjourned at 7 : 47 p .m.
Council Chair
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City Recorder
This document is not intended to serve as a full transcript as
additional discussion may have been held; please refer to the audio or
video for entire content.
This document along with the digital recording constitute the
official minutes of the Salt Lake City Council meeting held June 13,
2017 .
clm
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