06/15/2010 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 15, 2010
The City Council of Salt Lake City, Utah, met in Regular Session on
Tuesday, June 15, 2010 at 7 : 00 p.m. in Room 315, City Council Chambers,
City County Building, 451 South State .
The following Council Members were present :
Carlton Christensen Stan Penfold Luke Garrott
Jill Remington Love Van Turner JT Martin
Soren Simonsen
Cindy Gust-Jenson, Executive Council Director; Edwin Rutan, City
Attorney; Mayor Ralph Becker; David Everitt, Mayor' s Chief of Staff;
and Beverly Jones, Deputy City Recorder; were present .
Councilmember Martin presided at and Councilmember Love conducted
the meeting.
OPENING CEREMONY
#1 . 7 : 05 : 16 PM The Council led the Pledge of Allegiance.
#2 . 7 : 05 : 42 PM Councilmember Simonsen moved and Councilmember
Christensen seconded to approve the Salt Lake City Council minutes for
June 8 , 2010, which motion carried, all members voted aye . View
Attachments
(M 10-3)
PUBLIC HEARING
#1 . RE: 7 : 05 : 58 PM Accept public comment relating to an ordinance
amending Ordinance 13 of 2010 regarding a temporary land use regulation
for the Yalecrest National Historic District and the Westmoreland Place
Subdivision. View Attachments
The following spoke or submitted hearing cards in support of the
temporary land use regulation: Michael Jones; Matt Durham; Polly Hart;
Cathy Kelner; Tracey Harty; Suzanne Broadbent; Constance Crompton;
Kelly White; Lisette Gibson; Connie Baring-Gould; Sally Patrick; Libby
Peterson; Gary Harding; Nathan Morgan; Warren Lloyd; Kelly Marinan;
Anne Cannon; George Kelner; Cindy Cromer; Peggy Moore; Jan Ellen
Burton; Brad Parker; C. Rodney Minister and Barbara Madsen.
The following spoke or submitted hearing cards in opposition of
the temporary land use regulation: Matt Janke; Bob Lindsley; Randy
Horiuchi; Nancy Lindsley; Margaret Tennant; Colleen Harker; Allison
Dayton; Michelle Barber; James Guilkey; Stephen Waldron; Larry
Maxfield; David Boren; Ashley Hoopes; Scott Parkinson; Ryan Bell;
Curtis Pons; Craig Mordaunt; Dave Dansie; Susan Porter; Ken Strong; Sue
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 15 , 2010
Ulbrich; Esther Hunter; Steven Hansen; Pam Clawson; Penny Gregersen;
Bruce Thielke; Butch Adams and Allen Hughes .
Councilmember Penfold moved and Councilmember Simonsen seconded to
close the public hearing and defer to July 6, 2010 City Council
meeting.
Councilmember Love said the temporary zoning could not be extended
past September 10th. She said this item needed to be deferred with
some direction of what the process would be because July 6th would be
too late .
Councilmember Martin said people were hoping for direction. He
said if a neighborhood had more than 50o in favor of an historic
district, he wanted them to continue the discussion. He said residents
who did not have 50o needed an opportunity to hold a discussion without
outside influence and interference .
Councilmember Simonsen said there were multiple issues in front of
the Council . He said the specific one was whether to change the
temporary zoning which went into effect in March and would expire in
September. He said he felt he did not have the background to make an
informed decision. He said he wanted recommendations from the Historic
Landmarks Commission (HLC) and the Planning Commission with regard to
recommendations about what action to take in a few months .
Councilmember Christensen said he was having a hard time voting
for the motion. He said the input had been valuable . He said the
moratorium was to hold off demolitions until the neighborhood could
decide what they wanted to do. He said he struggled with deferring the
motion because he felt they would not get where they needed to be by
July 1st.
Councilmember Penfold said one issue was the divisiveness of the
neighborhood. He said two things that were challenging was the
misinformation on both sides about what was involved in a historic
designation and the sense that other options had not been fully
explored. He said the temporary zone had accomplished part of what the
Council intended it to do but felt they needed consensus from the
neighborhood. He said some neighborhoods could petition for an
historic designation and continue the temporary zoning. He said he
felt he did not have enough information.
Councilmember Love said the Council needed to take the time to do
this right. She said she felt they were on a tight timeline to hold a
discussion and make a decision on what was the best and appropriate
tool for the neighborhood. She said the temporary zoning was
inhibiting the Council' s efforts to get the appropriate protections in
place because of the artificial timeline .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 15, 2010
Councilmember Penfold asked Councilmember Martin to clarify the
areas where the moratorium could be lifted. Councilmember Martin said
above 1800 East including Laird along 1300 South to 1300 East.
Councilmember Penfold moved to amend the motion and Councilmember
Simonsen seconded to close the hearing, which motion carried, all
members voted aye .
Councilmember Penfold moved and Councilmember Simonsen seconded to
lift the temporary zoning on the areas east of 1800 East and the
properties facing 1300 South to include Upper Laird Drive and Princeton
Drive .
Councilmember Love said she had concerns with that motion. She
said she wanted to do all or nothing. She said she was comfortable
referring it to July 6th but the Council needed to refer a decision
with the understanding the Council would be on a clock when that
decision was made . She said in that timeframe the Council could decide
where they were going from here .
Councilmember Simonsen said he was still uncomfortable lifting the
moratorium. He said he felt the potential risks outweighed the
benefit. He said if the Council was voting to lift the moratorium then
he would vote against the motion.
Councilmember Penfold said he was open to deferring the decision
on different boundaries or specific subdivisions to July 6th but wanted
additional information. He said he wanted some recommendations from
Landmarks .
Councilmember Turner said he did not do moratoriums lightly. He
said he voted for the moratorium and thought the Council had six
months . He said he wanted the moratorium to run its course because
that was what he agreed to. He said he would vote against removing the
moratorium.
Councilmember Martin moved to vote to remove temporary zoning
restrictions for the following areas: east of LeGrande, Yalecrest
Heights, upper Yale Third Edition, Colonial Heights, Hillside Park,
upper Princeton Park, upper Laird Park, Mayfair Park, non subdivision B
which included Laird and Princeton above 1500 East and below 1700 East
and Uintah Heights and that the other areas stay within the moratorium
area knowing they have a short time to submit applications to the
Landmarks Commission. There was second for the motion.
Councilmember Christensen moved and Councilmember Simonsen
seconded to defer a decision to July 6th, 2010 .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 15, 2010
Councilmember Christensen said there was some relevance to what
Councilmember Simonsen suggested. He said whatever took place the
public needed a chance to consider it . He said he wanted to see what
HLC suggested with the boundaries and that the map was out in the open
for approximately one week. He said a decision could be made on July
6th.
Councilmember Simonsen moved and Councilmember Garrott seconded to
add an amendment to the motion that the Council ask the HLC to review
and provide information on any boundary adjustment before the Council
met again.
Councilmember Love called for a roll call vote on the amendment,
which motion carried, Council Members Simonsen, Garrott, Penfold,
Christensen and Love voted aye and Council Members Martin and Turner
voted nay.
Councilmember Love called for a vote on the original motion which
was to defer this item to July 6th, 2010, which motion carried, all
Council Members voted aye except Councilmember Turner who voted nay.
(0 10-6)
POTENTIAL ACTION ITEMS:
#1 . RE: 9 : 59 : 39 PM Adopting an ordinance to adopt the final
budget and related ordinances, excluding the budget for the Library
Fund which is separately adopted, and the employment staffing document
for Salt Lake City, Utah for Fiscal Year 2010-2011 . View Budget
Ordinances
Councilmember Christensen moved and Councilmember Turner seconded
to adopt Ordinance 34 of 2010 approving Salt Lake City' s Fiscal Year
2010-11 budget according to the attached schedule, including the
schedule for debt service payments, and approving the attached
employment staffing document with the following conditions : (1) that
the $14 ,000 in funding for the Jordan River Commission is contingent
upon the Administration and Council reviewing and approving the
interlocal cooperation agreement, (2) that $82 ,000 in funding for
follow-up toward the Northwest Quadrant Master Plan is contingent upon
obtaining Council approval on the use of the funds, and (3) that
funding for a Engineer position in the Department of Public Utilities
was contingent upon Public Utilities providing a position at the One-
Stop permit counter.
Councilmember Simonsen said there were many compelling parts of
the budget but he would be voting against it because of the YouthCity
Artways programs discontinuance . He said supporting the arts was a
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 15, 2010
core service for the City and he was concerned that supporting youth
arts programming was considered no longer a core service .
Councilmember Love called for the question, which motion carried,
all members voted aye except Council Members Garrott and Simonsen who
voted nay.
Councilmember Christensen moved and Councilmember Simonsen
seconded to adopt the attached list of legislative intent statements
and interim study issues in conjunction with the budget for Fiscal Year
2010-11 , which motion carried, all members voted aye .
Councilmember Simonsen recused himself for Items 3 and 4 .
Councilmember Turner moved and Councilmember Penfold seconded to
adopt Ordinance 35 of 2010 approving the budget for the Library Fund
for Fiscal Year 2010-11, which motion carried, all members voted aye
except Councilmember Simonsen who was recused for the vote .
Councilmember Christensen moved and Councilmember Turner seconded
to adopt Ordinance 36 of 2010 adopting the rate of tax levy to be
credited to the Library Fund for Fiscal Year 2010-11 , as follows : (1)
Library Fund base budget rate: . 000791, which will generate $12 ,521,876
in revenue; and (2) Library Fund judgment levy: . 000012 , which will
generate $183,065 . 71 in revenue, which motion carried, all members
voted aye except Councilmember Simonsen who was recused for the vote .
Councilmember Simonsen returned.
Councilmember Simonsen moved and Councilmember Turner seconded to
adopt Ordinance 37 of 2010 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 Fiscal Year 2010-11 , as follows :
(1) for the General Fund base budget rate: . 003546 which will generate
$56,160, 602 . 07 in revenue (2) Library Fund base budget rate: . 000791
which will generate $12 ,521,876 in revenue (3) for General Obligation
Bonds base budget rate: . 001076 which will generate $17 ,040,009 in
revenue (4) for the General Fund Judgment Levy base budget rate:
. 000066 which will generate $1,035,361 in revenue, and (5) Library Fund
Judgment Levy: . 000012 which will generate $183,065 . 71 in revenue,
which motion carried, all members voted aye .
Councilmember Christensen moved and Councilmember Simonsen
seconded to adopt all ordinances relating to Fiscal Year 2010-11 Budget
listed on the agenda as Items D-5 thru D-22 , which motion carried, all
members voted aye .
(B 10-1)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 15 , 2010
#2 RE : Adopting Ordinance 35 of 2010 adopting the budget for
the Library Fund of Salt Lake City, Utah for Fiscal Year 2010-2011 .
(B 10-2)
#3 . RE : Adopting Ordinance 36 of 2010 adopting the rate of tax
levy to be credited to the Library Fund for Fiscal Year 2010-2011 .
(B 10-7)
#4 . RE : Adopting Ordinance 37 of 2010 adopting the rate of tax
levy upon all real and personal property within Salt Lake City, made
taxable by law for Fiscal Year 2010-2011 .
(B 10-6)
#5 . RE: Adopting Ordinance 38 of 2010 approving a compensation
plan for all non-represented employees of Salt Lake City.
(0 10-9)
#6. RE: Adopting Ordinance 39 of 2010 amending Salt Lake City
Code, to reflect numerous organizational changes within the City
Administration.
(0 10-10)
#7 . RE: Adopting Ordinance 40 of 2010 appropriating necessary
funds to implement, for Fiscal Year 2010-2011, the provisions of the
Memorandum of Understanding dated on or about June 15, 2009 between
Salt Lake City Corporation and Local 1004 of the American Federation of
State, County and Municipal Employees (AFSCME) , representing eligible
employees pursuant to the collective bargaining and employee
representation joint resolution dated January 13, 2009 .
(0 09-15)
#8 . RE: Adopting Ordinance 41 of 2010 appropriating necessary
funds to implement, for Fiscal Year 2010-2011, the provisions of the
Memorandum of Understanding between Salt Lake City Corporation and
Local 1645 of the International Association of Firefighters (IAFF) ,
representing the "400 Series" Firefighters and Fire Captains, dated on
or about June 15, 2009 .
(0 09-18)
#9. RE: Adopting Ordinance 42 of 2010 approving a Memorandum of
Understanding between Salt Lake City Corporation and the Salt Lake
Police Association, Local 75 (SLPA) , representing the "500 Series" City
Employees" which shall become effective on proper ratification and
signature .
(0 10-11)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 15, 2010
#10 . RE: Adopting Ordinance 43 of 2010 amending Chapter 14 . 38
relating to sidewalk artists and entertainers .
(0 10-12)
#11 . RE: Adopting Ordinance 44 of 2010 amending Section
12 . 56 . 330, regarding freight license stickers, increasing the current
sticker fee to $35 and requiring payment of the base business license
fee established in Section 5 . 04 . 070, Salt Lake City Code .
(0 10-13)
#12 . RE: Adopting Ordinance 45 of 2010 amending Section 5 . 71 . 290
increasing the application fee for ground transportation vehicle
operator certificates to cover increases in background check costs .
(0 09-8)
#13 . RE: Adopting Ordinance 46 of 2010 amending Section
12 . 56 . 580, Salt Lake City Code, relating to parking fees for the
underground parking lot of Library Square.
(0 09-9)
#14 . RE: Adopting Ordinance 47 of 2010 amending Sections
12 . 96 . 010, 12 . 96 . 020 and 12 . 96 . 025, Salt Lake City Code, reducing the
number of unpaid parking tickets that permit the City to immobilize a
vehicle and providing for payment for repair or replacement of
immobilization devices damaged or destroyed due to tampering or
unauthorized removal.
(0 10-14)
#15 . RE: Adopting Ordinance 48 of 2010 amending Section
15 . 16 . 090 , relating to recreation program fees .
(0 07-14)
#16 . RE: Adopting Ordinance 49 of 2010 amending certain
provisions of Section 17 . 16. 070, Salt Lake City Code, relating to
franchise fee for stormwater sewer.
(0 10-15)
#17 . RE: Adopting Ordinance 50 of 2010 amending Appendix A of
Chapter 18 . 98, Salt Lake City Code, relating to Impact Fees .
(0 07-17)
#18 . RE: Adopting Ordinance 51 of 2010 amending Chapter 9 . 08,
Salt Lake City Code, relating to solid waste and recyclable items .
(0 09-14)
#19 . RE: Adopting Ordinance 52 of 2010 amending Section
17 . 81 . 200, Salt Lake City Code, relating to stormwater rates .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, JUNE 15 , 2010
(0 09-24)
#20 . RE: Adopting Ordinance 53 of 2010 amending Sections
17 . 16 . 670 and 17 . 16 . 680 and repealing Table 17 . 16 . 670, Salt Lake City
Code, relating to water rates .
(0 04-15)
#21. RE: Adopting Ordinance 54 of 2010 amending certain
provisions of Section 17 . 72 . 030, Salt Lake City Code, relating to sewer
rates .
(0 07-15)
#22 . RE: Adopting Ordinance 55 of 2010 amending Appendix A of
Chapter 18 . 32 . 035, Salt Lake City Code, relating to building fees .
(0 10-4)
QUESTIONS TO THE MAYOR 10 : 07 : 11 PM
Councilmember Turner said the Administration had stepped up to the
call on an oil spill incident . He said it was a credit to the City to
be able to follow through in the coming weeks and months . He said all
the citizens appreciated the work which went into all aspects of the
incident.
Councilmember Love said it was difficult for all residents living
along the river. She said it had been a positive experience to see how
the City handled the emergency and at some point she wanted a
debriefing to see what worked and what did not.
COMMENTS TO THE CITY COUNCIL 10 : 08 : 08 PM
Jihad Al-Ali spoke about civil rights, discrimination, gross
negligence and retaliation. He said he had received 12 tickets . He
said he found a gun next to his van and the police chief said he had
destroyed the gun. He said that was tampering with evidence.
UNFINISHED BUSINESS
#1 . RE: 10 : 10 : 47 PM Adopting a resolution authorizing the approval
of an interlocal cooperation agreement between Salt Lake City
Corporation and the Unified Fire Authority regarding a pilot project to
create shaded fuel breaks. View Attachments
Councilmember Christensen moved and Councilmember Turner seconded
to adopt Resolution 29 of 2010, which motion carried, all members voted
aye .
(C 10-375)
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TUESDAY, JUNE 15, 2010
#2 . RE: 10: 11 : 13 PM Adopting a resolution to (a) finance the cost
of certain infrastructure improvements consisting of the reconstruction
of the roadway pavement, and the construction and installation of the
Jordan River bridge, curbs, multipurpose walkways, driveway approaches,
walkway access ramps, bicycle and pedestrian paths, pedestrian
crosswalks, decorative walkway pavements and treatments, street corner
treatments, park strip landscaping, irrigation systems, landscaped
median islands, site acquisitions, storm drainage facilities, street
and pedestrian lighting system, traffic signals, and public art,
together with all other miscellaneous work necessary to complete the
improvements in a proper and workmanlike manner; (b) pay a portion of
the cost of said improvements by assessments to be levied against
properties benefited by such improvements; (c) pay certain operation and
maintenance costs with respect to street and pedestrian lighting, and
an irrigation system for the North Temple Boulevard park strip and
median island, including electrical costs and water service costs; (d)
provide notice of intention to designate an assessment are, to
authorize such improvements, and to fix a time and place for protests
against such improvements or the designation of said assessment area;
to declare the City' s official intention to reimburse itself for
expenditures paid by it prior to the issuance of tax-exempt bonds; and
related matters .
Councilmember Penfold moved and Councilmember Simonsen seconded to
adopt Resolution 28 of 2010 setting the date of July 13, 2010 to accept
public comment, which motion carried, all members voted aye . View
Attachments
(Q 10-4)
CONSENT AGENDA 10 : 11 : 55 PM
Councilmember Turner moved and Councilmember Simonsen seconded to
approve the Consent Agenda, which motion carried, all members voted
aye .
#1 . RE : Approving the appointment of Rachel Otto to the
Transportation Advisory Board for a term extending through September
24, 2012 .
(I 10-3)
#2 . RE : Approving the appointment of Colleen Mullins to the Golf
Enterprise Fund Advisory Board for a term extending through July 15,
2014 .
(I 10-14)
#3 . RE: Setting the date of July 6, 2010 at 7 : 00 p.m. to accept
public comment and consider adopting an ordinance amending the 2010
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TUESDAY, JUNE 15 , 2010
Calendar Year budget for the Salt Lake Valley Landfill . View
Attachments
(B 10-3)
The meeting adjourned at 10 : 12 p.m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held June
15, 2010 .
bj
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